Foreign national

A foreign national is any person (including an organization) who is not a national of a specific country.[1][2] For example, in the United States and in its territories, a foreign national is something or someone who is neither a citizen nor a national of the United States.[3] The same applies in Canada.[4]

Canada

The law of Canada divides people into three major groups: citizens, permanent residents, and foreign nationals.[4] Under Section 2 of the Immigration and Refugee Protection of Canada (IRPA), "foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person."[5]

United States
Further information: Alien (law) § United States

The term "foreign national" is not defined in the Immigration and Nationality Act (INA), which instead uses the term alien to cover many classes of people who do not qualify as nationals of the United States (Americans).[3]

Lawful permanent residents (green card holders) of the United States are generally perceived as foreign nationals,[6] but the ones that were originally admitted as stateless refugees under 8 U.S.C. § 1157 can at any time and anywhere in the world legally claim to also being nationals of the United States (Americans).[7][8][9][10][11][12][13][14][15] Such legal claim must be plausible and not frivolous because anyone who knowingly makes a false United States citizenship or nationality claim can be prosecuted and even removed from the country.[16]

The term "foreign national" is used in US election laws to describe a person who is prohibited from contributing to federal campaigns.[1] For that purpose, "the term 'foreign national' means... an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8."[17]

See also

Notes and references

This article in most part is based on the law of Canada and the United States.

  1. "Foreign nationals". Federal Election Commission. June 23, 2017. Retrieved February 16, 2021.
  2. 8 U.S.C. § 1101(b)(3) ("The term 'person' means an individual or an organization.")
  3. 8 U.S.C. § 1101(a)(3) ("The term 'alien' means any person not a citizen or national of the United States.")
  4. "Who is a Foreign National with respect to Canada?". June 2, 2018.
  5. https://www.canlii.org/en/ca/laws/stat/sc-2001-c-27/latest/sc-2001-c-27.html?autocompleteStr=immigra&autocompletePos=1#sec2subsec1
  7. 8 U.S.C. § 1159(a)(2) ("Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) ... as an immigrant under this chapter....") (emphasis added)
    • 8 U.S.C. § 1181(c) ("The provisions of subsection (a) shall not apply to an alien whom the Attorney General admits to the United States under section 1157 of this title.")
      • 8 U.S.C. § 1101(a)(15) ("The term 'immigrant' means every alien except an alien who is within one of the following classes of nonimmigrant aliens....")
      • 8 U.S.C. § 1101(a)(27) ("The term 'special immigrant' means—(A) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad....")
  8. "Presidential Documents: Anti-Discrimination" (PDF). Federal Register, Vol. 60, No. 28. U.S. Government Publishing Office. February 10, 1995. p. 7888. Our efforts to combat illegal immigration must not violate the privacy and civil rights of legal immigrants and U.S. citizens. Therefore, I direct the Attorney General... and other relevant Administration officials to vigorously protect our citizens and legal immigrants from immigration-related instances of discrimination and harassment.... (emphases added)
  9. 8 C.F.R. 1003.2(c)(3) ("The time and numerical limitations set forth in paragraph (c)(2) of this section shall not apply to a motion to reopen proceedings:... (vi) Filed based on specific allegations, supported by evidence, that the respondent is a United States citizen or national...."). See also, generally 8 U.S.C. § 1503; 8 U.S.C. § 1452; 8 U.S.C. § 1436; 8 U.S.C. § 1433; 8 U.S.C. § 1431; 8 U.S.C. § 1408(4); 8 U.S.C. § 1252(b)(5)
    • "Khalid v. Sessions, 904 F.3d 129". U.S. Court of Appeals for the Second Circuit. Harvard Law School. September 13, 2018. p. 131. Khalid is a U.S. citizen and the Department of Homeland Security (DHS) must terminate removal proceedings against him.
    • "Tineo v. Attorney General, 937 F.3d 200". U.S. Court of Appeals for the Third Circuit. Castetext. September 4, 2019. p. 218. Tineo became a U.S. citizen when his father naturalized [on] June 15, 1985.
    • "Cheneau v. Garland, No. 15-70636". U.S. Court of Appeals for the Ninth Circuit. Casetext.com. May 18, 2021. p. 3. Cheneau is a citizen of the United States. Accordingly, we GRANT the petition for review, VACATE the BIA's decision, and REMAND with instructions to terminate Cheneau's removal proceedings.
  10. "U.S. citizen mistakenly put in deportation proceedings finally returns to America". NBC News. February 4, 2020. Retrieved February 3, 2021.
  11. "Cambodian refugee who advocates say was wrongly deported returns to U.S." NBC News. February 28, 2020. Retrieved February 3, 2021.
  12. "First Cambodian to return after deportation inspires others after gaining U.S. citizenship". NBC News. July 16, 2020. Retrieved February 3, 2021.
  13. "The first Cambodian deportee to return to the U.S. just became a citizen in Sacramento". The Sacramento Bee. July 3, 2020. Retrieved February 3, 2021.
  14. ICE: Facilitating the Return to the United States of Certain Lawfully Removed Aliens
    • "Nken v. Holder, 556 U.S. 418 (2009)". U.S. Supreme Court. Harvard Law School. April 22, 2009. p. 435. Aliens who are removed may continue to pursue their petitions for review, and those who prevail can be afforded effective relief by facilitation of their return, along with restoration of the immigration status they had upon removal.
      • "Singh v. United States Citizenship & Immigration Services, 878 F.3d 441". U.S. Court of Appeals for the Second Circuit. Harvard Law School. December 22, 2017. p. 443. The government conceded that Singh's removal was improper given the Ninth Circuit's stay. Consequently, in May 2007, Singh was temporarily paroled back into the United States by the Attorney General, who exercised his discretion to grant temporary-parole to certain aliens.
      • "Orabi v. Attorney General, 738 F.3d 535". U.S. Court of Appeals for the Third Circuit. Harvard Law School. January 2, 2014. p. 543. The judgment of the BIA will therefore be reversed, with instructions that the Government, pursuant to its August 12, 2013 letter, be directed to return Orabi to the United States in accordance with the ICE regulations cited.
      • "Bonilla v. Lynch, 840 F.3d 575". U.S. Court of Appeals for the Ninth Circuit. Harvard Law School. July 12, 2016. p. 589-90.
      • "Addo v. Barr, 982 F.3d 1263". U.S. Court of Appeals for the Tenth Circuit. Casetext.com. December 14, 2020. p. 1268 n.4. We note that Petitioner's removal has not mooted his petition for review because, 'in the event this court grants his petition, [Immigration and Customs Enforcement] would facilitate his return to the United States pursuant to its Facilitation of Return Policy.'
  15. H.R. 536 (New Way Forward Act - 117th Congress (2021-2022) (proposed bill))
  16. See, e.g., 18 U.S.C. § 1015
  17. 52 U.S.C. § 30121(b)
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