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5 - Local Citizenship for Noncitizen Residents

from Part II - “Noncitizen Citizens”

Published online by Cambridge University Press:  08 June 2020

Kenneth A. Stahl
Affiliation:
Chapman University Dale E. Fowler School of Law
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Summary

By the late nineteenth century the prevailing ethno-nationalist ethos of the day established that noncitizens were incapable of federal citizenship because of both racial distinctions and questions about their loyalty. At the same time, however, local citizenship was coming to be understood as something entirely different, determined by mobility and choice rather than loyalty and identity. Some cities have accordingly granted the right of suffrage to noncitizen residents on the grounds that they share a common interest with other local residents in the provision of municipal services. Perhaps more importantly, cities are required to give noncitizens many “social rights” that have increasingly come to be synonymous with citizenship, such as education and security. Noncitizens have been granted these social rights on the premise that such rights should be distributed based on residence rather than nationality. In order to make local citizenship a matter of private consumer choice, local services are bundled together with residence so that local “consumer-voters” can more efficiently shop for municipalities in which to settle.

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Publisher: Cambridge University Press
Print publication year: 2020

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