The Protections Against Civil Rights Education Programs
Civil rights laws that prohibit discrimination on the basis of race, color, national origin, language, sex, religion, and disability in schools and institutions of higher education.
RACE AND/OR NATIONAL ORIGIN DISCRIMINATION
The Civil Rights Act of 1964 is the landmark legislation prohibiting discrimination in several areas including housing, employment, and education. The sections of the Act relating to education are Title IV, which authorizes the Attorney General to address certain equal protections violations based on race, color, national origin, sex, and religion in public schools and institutions of higher education; Title VI, prohibiting discrimination by recipients of federal funds on the basis of race, color, and national origin; and Title IX, permitting the United States to intervene in pending suits alleging discrimination. Additionally, the Equal Educational Opportunities Act of 1974 prohibits, among other conduct, deliberate segregation on the basis of race, color, and national origin.
The Educational Opportunities Section is involved in numerous desegregation lawsuits against public elementary and secondary school districts (as well as one state higher education system) where we seek to ensure that state-sponsored segregation is eradicated. Additionally, each year we are involved in numerous investigations and cases addressing discrimination and harassment on the basis of race and national origin.
SEX-BASED DISCRIMINATION
Title IV of the Civil Rights Act of 1964 authorizes the Attorney General to address certain equal protections violations based on sex, among other bases, in public schools and institutions of higher education. Additionally, Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs and activities operated by recipients of federal financial assistance. Pursuant to these statutes the Educational Opportunities Section works to ensure that all persons regardless of their sex are provided equal educational opportunities. The Section's work includes addressing sex-based discrimination, including sexual harassment, harassment based on not conforming with gender stereotypes, and unequal athletic participation opportunities for students. For examples, view the cases list.
RELIGIOUS DISCRIMINATION
Title IV of the Civil Rights Act of 1964 authorizes the Attorney General to address certain equal protections violations based on religion, among other bases, in public schools and institutions of higher education. The Educational Opportunities Section works to ensure that all persons regardless of their religion are provided equal educational opportunities. The Section's work includes addressing discrimination and harassment on the basis of religion, and spans all religious affiliations. For examples, view the cases list.
ENGLISH LANGUAGE LEARNER STUDENTS
The Section is charged with enforcing the Equal Educational Opportunities Act of 1974 (EEOA). Section 1703(f) of the EEOA requires state educational agencies (SEAs) and school districts to take action to overcome language barriers that impede English Language Learner (ELL) students from participating equally in state and district educational programs. As part of its efforts to enforce the EEOA, the Section investigates complaints that SEAs or school districts are not providing adequate services to ELL students or are failing to take appropriate action in other ways.
Although section 1703(f) of the EEOA does not require schools to adopt a particular type of language acquisition program, courts generally consider three factors to assess the adequacy of such a program:
whether the school's program is based upon sound educational theory or principles;
whether the school's program is reasonably calculated to implement the educational theory effectively; and
whether, after a period of time sufficient to give the program a legitimate trial, the results of the program show that language barriers are actually being overcome.
Examples of conditions that may violate the EEOA include when a school district or SEA does the following:
fails to provide a language acquisition program to its ELL students or fails to provide adequate language services to its ELL students;
fails to provide resources to implement its language acquisition program effectively (e.g., an ESL program lacks ESL teachers or ESL materials);
fails to take steps to identify students who are not proficient in English;
exits ELL students before the students acquire English proficiency from ELL services;
fails to communicate meaningfully with non-English-speaking or limited-English-speaking parents and guardians of ELL students by not providing such parents and guardians with written or oral translations of important notices or documents;
fails to provide language acquisition assistance to ELL students because they receive special education services, or fails to provide special education services to ELL students when they qualify for special education services; and excludes ELL students from gifted and talented programs based on their limited English proficiency.
DISABILITY DISCRIMINATION
The Educational Opportunities Section addresses disability discrimination in several ways, including through its desegregation cases and its English Language Learner (ELL) matters. For example, in the desegregation context, the Section examines if minorities are disproportionately under or over identified. In the ELL context, the Section ensures that dually identified ELL and special education students receive all services to which they are entitled.
The Americans with Disabilities Act (ADA) was enacted in 1990 to address discrimination against persons with disabilities (see also the ADA homepage). Title II of the ADA provides that no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, program, or activities of a public entity, or be subjected to discrimination by any such entity. Title III of the ADA prohibits discrimination on the basis of disability in public accommodations, such as schools, operated by private entities. The Civil Rights Division has primary responsibility for enforcing Title III as it relates to education and shares responsibility for investigating Title II complaints with the Department of Education.
Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion, the denial of benefits, and discrimination by reason of disability in programs or activities receiving federal funds. OCR has primary responsibility for enforcing Section 504's provisions with respect to its recipients of federal funds.
The Individuals with Disabilities in Education Act (IDEA) requires States and local education agencies to provide a free and appropriate public education to children with disabilities. The Department of Education has primary responsibility for enforcing IDEA. The Civil Rights Division gets involved in 504 and IDEA cases through referrals from the other federal agencies, complaint investigations or compliance reviews of recipients of DOJ funding, and participating in pending lawsuit
Does this mean that you must give up the citizenship (and passport) of your country of origin? Not necessarily. It depends on both U.S. law and the law o
The Educational Opportunities Section addresses disability discrimination in several ways, including through its desegregation cases and its English Language Learner (ELL) matters. For example, in the desegregation context, the Section examines if minorities are disproportionately under or over identified. In the ELL context, the Section ensures that dually identified ELL and special education students receive all services to which they are entitled.
The Americans with Disabilities Act (ADA) was enacted in 1990 to address discrimination against persons with disabilities (see also the ADA homepage). Title II of the ADA provides that no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, program, or activities of a public entity, or be subjected to discrimination by any such entity. Title III of the ADA prohibits discrimination on the basis of disability in public accommodations, such as schools, operated by private entities. The Civil Rights Division has primary responsibility for enforcing Title III as it relates to education and shares responsibility for investigating Title II complaints with the Department of Education.
Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion, the denial of benefits, and discrimination by reason of disability in programs or activities receiving federal funds. OCR has primary responsibility for enforcing Section 504's provisions with respect to its recipients of federal funds.
The Individuals with Disabilities in Education Act (IDEA) requires States and local education agencies to provide a free and appropriate public education to children with disabilities. TThe Educational Opportunities Section addresses disability discrimination in several ways, including through its desegregation cases and its English Language Learner (ELL) matters. For example, in the desegregation context, the Section examines if minorities are disproportionately under or over identified. In the ELL context, the Section ensures that dually identified ELL and special education students receive all services to which they are entitled.
The Americans with Disabilities Act (ADA) was enacted in 1990 to address discrimination against persons with disabilities (see also the ADA homepage). Title II of the ADA provides that no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, program, or activities of a public entity, or be subjected to discrimination by any such entity. Title III of the ADA prohibits discrimination on the basis of disability in public accommodations, such as schools, operated by private entities. The Civil Rights Division has primary responsibility for enforcing Title III as it relates to education and shares responsibility for investigating Title II complaints with the Department of Education.
Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion, the denial of benefits, and discrimination by reason of disability in programs or activities receiving federal funds. OCR has primary responsibility for enforcing Section 504's provisions with respect to its recipients of federal funds.
The Individuals with Disabilities in Education Act (IDEA) requires States and local education agencies to provide a free and appropriate public education to children with disabilities. The Department of Education has primary responsibility for enforcing IDEA. The Civil Rights Division gets involved in 504 and IDEA cases through referrals from the other federal agencies, complaint investigations or compliance reviews of recipients of DOJ funding, and participating in pending lawsuits.
IMMIGRATION JUSTICE
To be granted asylum, a person must demonstrate that he or she is a “refugee,” that he or she is not barred from asylum for any of the reasons listed in our immigration laws, and that the decision-maker should grant asylum as a matter of discretion.
A “refugee” is any person who is outside his or her country of nationality (or, if stateless, outside the country of last habitual residence) and is unable or unwilling to return to that country because of persecution or well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.
The Asylum Filing Deadline Denying Protection to the Persecuted and Undermining Governmental Efficiency. This definition is based on international law, specifically the 1951 UN Convention Relating to the Status of Refugees. The U.S. is not a signatory to this Convention, but did sign on to its 1967 Protocol, which incorporates the Convention by reference. The Refugee Convention requires state parties to protect people living within their borders and prohibits them from sending people to other countries where they would be harmed based on their race, religion, nationality, membership in a particular social group, or political opinion. With the Refugee Act of 1980, the U.S. brought the refugee definition into our domestic law. The refugee definition is found at section 101(a)(42) of the Immigration and Nationality Act (INA).
A person who meets the refugee definition may be granted asylum in the United States if he or she is not barred from asylum for any of the reasons listed in section 208 of that Act and if the adjudicator decides that he or she should be granted asylum as a matter of discretion.
The bars to asylum include the one-year filing deadline, which states that a person who needs asylum should file the application within one year of the last arrival in the United States. Otherwise, the asylum-seeker must show that he or she qualifies for an exception to the filing deadline and that he or she filed within a reasonable time given that exception. Human Rights First advocates for the elimination of the filing deadline from our asylum law. For background reading on this advocacy, see our 2010 report.
Denial and Delay: The Impact of the Immigration Law’s “Terrorism Bars” on Asylum Seekers and Refugees in the United States. The bars to asylum also include the so-called “material support bar.” Human Rights First advocates for a more reasonable version of this bar to asylum. For background reading, see our report.
Some people who need asylum will have their cases decided at the Asylum Office and others will have their cases decided at the Immigration Court. The standard for asylum is the same in both places, and Human Rights First works on cases at all levels of the system.
People apply for asylum with Form I-589.
That application for asylum can also include a request for two related alternative forms of relief, which offer fewer benefits: withholding of removal under section 241(b)(3) of the INA and protection under the UN Convention Against Torture.
Withholding of Removal
To be granted withholding of removal under section 241(b)(3) of the INA, a person must demonstrate that if returned to the country of origin he or she is more likely than not to be persecuted on account of race, religion, nationality, political opinion, or membership in a particular social group. Some of the bars to asylum, including the one-year filing deadline, do not apply to claims for withholding of removal. There is no discretionary element. This means that if a person is more likely than not to be harmed for one of the reasons listed above, he or she must be granted withholding of removal.
U.N. Convention Against Torture
To be granted withholding of removal under the U.N. Convention Against Torture, a person must demonstrate that if returned to the country of origin he or she is more likely than not to be tortured. There is no discretionary element. Most of the bars to asylum do not apply to requests for protection under the U.N. Convention Against Torture. The government of the United States has promised that it will not send anyone back to a country where he or she is likely to be tortured and so an immigration judge will consider eligibility for protection under the Torture Convention even if the asylum-seeker does not specifically request it.
Procedural Steps for Asylum
The asylum system has two parts: the U.S. Department of Homeland Security (which includes the Asylum Office) and the U.S. Department of Justice (which includes the Immigration Courts). Cases that are not granted at either of those levels might go to the Board of Immigration Appeals, the U.S. Courts of Appeal, or even to the U.S. Supreme Court. Human Rights First works with asylum-seekers at all levels of the system. A person who meets the definition of a refugee can apply for asylum in various ways, depending on that person’s immigration status at the time they decide to apply.
Asylum Office –
When a person has entered the United States, whether or not they were inspected at the border, and our government is not taking any active steps to remove them from the U.S., they can make what is known as an “affirmative” application for asylum. This means that the person will file an I-589 application by mail with the U.S. Department of Homeland Security. Later they will be interviewed by an officer at the local Asylum Office. If the officer grants the application, then the person has asylum. He or she can then petition for their spouse and children to join them in the United States. They are also then on the path toward a green card and eventual U.S. citizenship. If the officer denies the asylum application, and the person has no other immigration status, then they are “referred” to the Immigration Court, where a judge will consider the asylum case.
Immigration Court –
When a person has been placed in Immigration Court proceedings before they apply for asylum, the I-589 application should be filed directly with the immigration judge. This is known as a “defensive” application for asylum because the person is requesting asylum as a defense to the government’s charge that they should be removed from the United States. Whether the case starts in the Asylum Office or in the Immigration Court, the judge considers the case from the beginning. If the immigration judge grants the application, then the person has asylum. He or she is then eligible for the same family-reunification and other benefits that a person would be eligible for if granted at the Asylum Office level. If the immigration judge grants only withholding of removal or protection under the U.N. Convention Against Torture, then the person may not petition for relatives but will be permitted to remain in the U.S. and to work to support himself or herself.
Asylum applications filed by unaccompanied children (those who are under age 18) are heard at the Asylum Office, even if the child is otherwise in proceedings in the Immigration Court. This is the result of the Trafficking Victims Protection Reauthorization Act (TVPRA) that went into effect March 23, 2009 and it applies to asylum applications filed on or after that date.
Cases which are denied in the Immigration Court may be appealed to the Board of Immigration Appeals.
If the case is not granted at that level, the asylum-seeker may file a petition for review which brings it to the U.S. Court of Appeals in the circuit where the immigration judge denied the case. When asylum cases of genuine refugees are granted at the lower levels, the system works most effectively. Judges at the appellate courts are then available to spend their time on the many other types of cases that they have to decide. Pro bono representation of asylum-seekers can help to ensure that cases are well-prepared and properly decided in the first instance.
How to Seek Asylum While in Immigration Detention
Ins-Outs-Immigration-detention.pngThe process for seeking asylum is the same for people who are in the Immigration Court whether or not they are detained. The I-589 (asylum application) will be filed with the immigration judge and there will be an opportunity to testify and present evidence in support of the asylum case. However, it is much more difficult to prepare an asylum case from inside an immigration detention center because of limited access to supporting witnesses and documentation, and because detained cases move more quickly. Pro bono legal assistance can make a tremendous difference in these cases. In addition to helping with the asylum case, a pro bono lawyer can help a detained asylum-seeker to request release from detention on bond or parole.
Please see here for an infographic: The “Ins” & “Outs” of Immigration Detention.
Biometrics
For cases at the Asylum Office level, the filing of the I-589 will prompt the U.S. Department of Homeland Security (DHS) to send a biometrics appointment notice to the asylum-seeker, who will then go to have his or her fingerprints and photograph taken. This will make it possible for DHS to run a background check. The asylum-seeker will be fingerprinted again on the morning of the interview at the Asylum Office.
For cases at the Immigration Court level, the asylum-seeker must send a copy of the first three pages of the completed I-589 (asylum application) with a copy of the instruction sheet to the Nebraska Service Center. This will prompt DHS to send a biometrics appointment notice to the asylum-seeker, who will then go to have his or her fingerprints and photograph taken. These steps must be completed before the immigration judge can grant asylum. See 70 FR 19, 4743-4754. Once the biometrics have been processed, they remain valid for 15 months. Asylum-seekers in proceedings with merits hearings that are scheduled more than 15 months from the biometrics appointment may need to ask DHS to run the fingerprints through their system again to make sure that the biometrics are up-to-date at the time of the merits hearing. This is the responsibility of the asylum-seeker and his or her attorney. Please contact someone in the Refugee Representation program at Human Rights First if you need further guidance on how to ensure that the biometrics are updated before the merits hearing in your case or in the case of an asylum-seeker who you represent.
Temporary Protected Status (TPS)
The U.S. government may designate a foreign country for Temporary Protected Status (TPS) due to conditions in that country which temporarily prevent its citizens from returning safely, or when the country is unable to handle the return of its citizens. A person from a TPS-designated country who is in the United States may apply for this temporary form of protection by filing a Form I-821. Countries may be designated for TPS due to various short-term conditions, including ongoing armed conflict (civil war), environmental disaster (such as earthquake or hurricane), or an epidemic. A person who is granted TPS may not be detained or removed from the United States, can work legally in this country, and may be granted a travel document to leave the U.S. and return. TPS is a temporary benefit and does not lead to lawful permanent residence or any kind of permanent immigration status. However, a person who is granted TPS may also apply for asylum or any other form of more lasting immigration status if eligible for those forms of relief. The list of TPS-designated countries is available on this part of the USCIS website.
ADJUSTMENT OF STATUS
A green card identifies its holder as a U.S. permanent resident, with rights to enter, exit, work, and live in the United States for their entire life—and to eventually apply for naturalized U.S. citizenship. But before you think about applying for U.S. permanent residence, make sure you're eligible under one of the following categories.
1. Immediate Relatives of U.S. Citizens
Immediate relatives are at the top of the list when it comes to qualifying for green cards and receiving them quickly. This category includes: spouses of U.S. citizens, including recent widows and widowers; also including same-sex spouses, if the marriage is legally valid in the state or country where it took place
unmarried people under age 21 with at least one U.S. citizen parent
parents of U.S. citizens, if the U.S. citizen son or daughter is at least age 21
stepchildren and stepparents of U.S. citizens, if the marriage creating the stepparent/stepchild relationship took place before the child's 18th birthday, and
adopted children of U.S. citizens or permanent residents, if the adoption took place before the child reached age 16 and other conditions are met.
An unlimited number of green cards are available for immediate relatives whose U.S. citizen relatives petition for them—applicants can get a green card as soon as they get through the paperwork and application process.
For more information, see Sponsoring a Fiancé or Spouse for a Green Card or Green Cards for Your Family: Sponsorship Categories.
2. Other Family Members
Certain family members of U.S. citizens or permanent residents are also eligible for green cards—but typically not right away. They fall into the "preference categories" listed below, meaning that only a certain number of them (480,000 total) will receive green cards each year. The system is first come, first served—the earlier the U.S. citizen or permanent resident turns in a petition on Form I-130, the sooner the immigrant can apply for a green card.
You can’t predict the wait time with any certainty. Wait times depend on the category of visa you’re asking for, the country you are from, how many other people from your country are asking for your type of visa, and the workload at the immigration agencies. They can range from no time at all (as is sometimes the case for spouses and minor children of permanent residents) to 24 years (as is often the case for siblings of U.S. citizens who are Philippine citizens).
Family First Preference ("F1"). Unmarried adults, age 21 or older, who have at least one U.S. citizen parent.
Family Second Preference: "F2A:" Spouses and unmarried children of a green card holder, so long as the children are younger than age 21. "F2B:" Unmarried children age 21 or older of a green card holder.
Family Third Preference ("F3"). Married people, any age, who have at least one U.S. citizen parent.
Family Fourth Preference ("F4"). Sisters and brothers of U.S. citizens, where the citizen is age 21 or older.
Owing to high demand, the waits for people from China, India, Mexico, and the Philippines tend to be particularly long. For more information, see Sponsoring a Fiancé or Spouse for a Green Card or Green Cards for Your Family: Sponsorship Categories.
People who received a green card through marriage to a U.S. citizen or permanent resident, but later divorce, often worry about how this will affect their citizenship application.
As long as your marriage was the real thing—that is, not a sham for purposes of acquiring your green card—and you got all the way to being approved for permanent (not merely conditional) residence, divorce will not invalidate your green card. Many people get divorced, and the immigration laws recognize that the United States may have become home to the divorced immigrant, with or without the ex-spouse.
The divorce may, however, make the USCIS officer interviewing you for citizenship wonder whether you faked it through the green card application process. USCIS officers won’t automatically assume from your divorce that your marriage was a sham—but they may want some reassurance.
Prepare for this by gathering documents that prove your marriage was genuine (and make sure they’re more recent than the documents already in the USCIS file from your green card application). Don’t include these documents with your citizenship application. Instead, make copies and take these, with the originals, to your citizenship interview. The following documents may help:
rent receipts or a home title in both your and your ex-spouse’s names (showing that you lived together)
birth certificates of children born to the two of you
a letter from your spiritual or psychological counselor describing your meetings—particularly where your marriage was discussed. (If possible, the letter
3. Preferred Employees and Workers
A total of 140,000 green cards are offered each year to people whose job skills are needed in the U.S. market. In most cases, a job offer is also required, and the employer must prove that it has recruited for the job and not found any willing, able, qualified U.S. workers to hire instead of the immigrant. Because of annual limits, this is a "preference category," and some applicants wait years for an available green card. Here are the subcategories:
Employment First Preference. Priority workers, including:
persons of extraordinary ability in the arts, the sciences, education, business, or athletics
outstanding professors and researchers, and
managers and executives of multinational companies.
Employment Second Preference. Professionals with advanced degrees or exceptional ability.
Employment Third Preference. Professionals and skilled or unskilled workers.
Employment Fourth Preference. Religious workers and miscellaneous categories of workers and other "special immigrants" (described below).
Employment Fifth Preference. Investors willing to put $1 million into a U.S. business—or $500,000 if the business is in an economically depressed area. The business must employ at least ten workers.
According to the Board of Immigration Appeals, a crime of moral turpitude is inherently base, vile, or depraved, contrary to social standards of morality, and done with a reckless, malicious, or evil intent. In short, this is a subjective, catchall term that can be used for any crime that USCIS considers offensive. For example, USCIS has judged moral turpitude to be present in crimes involving great bodily injury, sexual offenses, kidnapping, stalking, fraud, theft, embezzlement, bribery, and unlawful use of a Social Security number.
RESOURCE
To read the law on removability, see I.N.A. § 237(a), 8 U.S.C. § 1227(a). You can find this at your local law library or at www.uscis.gov. After reading the law, you will still need the help of an immigration lawyer to answer questions about whether or not you have done something that makes you removable. Many of the terms used in the law, like “moral turpitude” and “aggravated felony,” are unique to the immigration laws, and you won’t be able to tell by looking at your court record whether you’ve committed one.
CAUTION
Every law has its exceptions. Removability rules are not always as harsh as they first appear. Some come with exceptions and waivers (opportunities to apply to USCIS for legal forgiveness). So, even if you have done something that makes you removable, you might be able to save yourself—and your chances of becoming a citizen—by qualifying for one of these exceptions or applying for a waiver. We’re unable to cover the various exceptions and waivers in this book, but an immigration lawyer can alert you to the ones that apply.
Actions and Conditions That Make You Inadmissible
No, you’re not seeing double. The activities that make you inadmissible overlap in many ways with the activities that make you removable. Inadmissibility affects whether you can enter the United States, regardless of whether it’s for the first time or with a green card (although, if you had a green card and you reentered the U.S. after April 1, 1997, you’re affected by these only if you were out of the U.S. for 180 days or more, or did something illegal during your trip).
If you’ve committed any of the activities below, USCIS can keep you from entering. And if you were let into the United States when you shouldn’t have been—that is, when you were inadmissible, USCIS will deny you citizenship and can take away your green card.
You are (or were) inadmissible if, when entering the United States, you:
had a communicable disease of public health significance, such as active tuberculosis or smallpox
had a physical or mental disorder that makes you harmful to others
were likely to become a public charge (receive welfare benefits)—something USCIS determines based on your current income, ability to work, and family resources
were a drug abuser (if you’ve tried illegal drugs more than once in the past three years, that’s enough for USCIS)had committed or been convicted of a crime of moral turpitude
had been convicted of two or more crimes (whether misdemeanors or felonies), where the total sentence you received was five years or more
had been convicted of certain specified crimes, such as prostitution or drug trafficking
are the immediate family member of a drug trafficker and have knowingly benefited from their illicit money within the last five years
had committed espionage or sabotage against the United States
were a member of the Communist Party or other totalitarian organization
were a Nazi or had participated in genocide
were seeking entry as a health care or other certified worker but had failed to meet licensing requirements
had previously violated the immigration laws or lied or committed fraud during immigration procedures
had falsely claimed to have U.S. citizenship
had spent time in the United States unlawfully or hadn’t obtained proper documentation to enter the United States (not an issue for immigrants who hold valid green cards)
had previously been removed or deported from the United States
advocated, practiced, or planned to practice polygamy (being married to more thanover
were on a J-1 or J-2 exchange visitor visa and were subject to the two-year foreign residence requirement.
You can access the law on inadmissibility (I.N.A. § 212(a), 8 U.S.C. § 1182) at your local law library or at www.uscis.gov.
Consular Visa Processing
Persons outside the United States and certain persons in the United States conclude the processing of their visas at American consulates abroad. Our program staff can help these persons with the final documentation necessary for consular visa appointments.
RESOURCE
2. Some Countries Won’t Allow Dual Citizenship
If USCIS approves your citizenship application, you will attend a ceremony where you will have to swear to “absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which [you] have heretofore been a subject or citizen.”