When an alien enters the United States, he or she obtains various rights. Political rights is one area of rights, however, which is substantially restricted for aliens. Nonresident aliens have virtually no rights to participate in the United States political process. Some resident aliens, on the other hand, do acquire certain rights. In addition, political rights are generally more restricted at the federal level than at the state or local level.
Right to vote
The Constitution grants "citizens of the United States" the right to vote. Thus, an alien who has not become naturalized (gone through the citizenship process) is not eligible to vote in federal elections. States and municipalities may deny aliens the right to vote.
Right to hold office
States may deny aliens the right to hold a public office if the state can show a "rational basis" for distinguishing between aliens and citizens.
Many people are familiar with the story of Governor Arnold Schwarzenegger of California. He was born in Austria and has lived in the United States since the late 1960s. While he is eligible to hold the highest elected post in the state of California, that is because he is a naturalized U.S. citizen. Thus, a foreign-born person may serve as governor (and this has happened in many states), but that person must have first obtained U.S. citizenship.
Even where citizenship has been obtained, a foreign-born person is forever banned from being elected President of the United States. The Constitution states that only "natural-born citizens" may be President.
Right to participate on a jury
Aliens are generally not entitled to participate on a jury. This is probably not seen as much of a disadvantage since even U.S. citizens try to get out of jury duty on a fairly frequent basis. However, it is considered a right to participate in the political process, of which a jury is a part.
Copyright 2006 LexisNexis, a division of Reed Elsevier Inc.
