The Evolution of Alien Rights in the United States, Germany, and the European Union

Abstract

Comparison of the development of alien rights in the US, Germany, & the EU show that these liberal regimes responded to postwar immigration in different ways. The US has embraced immigration as a component of its identity, while Germany has moved to apply immigration rights to certain groups of immigrants. EU immigration rights have to be moderated according to its member states, eg, Germany. Courts & domestic legal orders have played a central role in the development of alien rights in these three regimes. When political & social conflict surrounding immigration is low, the courts can be more progressive on alien rights. Postnationalist concepts of universal human rights are discussed; universal human rights apparently apply only to asylum, since liberal-democratic states have had difficulty integrating alien rights & citizenship. The trend is toward a general liberalization of nationality law. 53 References. M. Pflum