Alien (Lat. alienus, 'foreign'). The citizen of one state, when resident in another, unless naturalised (see NATURALISATION), is an alien. The condition of an alien does not necessarily result from foreign birth, for the son of a natural-born or naturalised Englishman is not an alien, wherever he may be born. This privilege even extends to the second generation on the father's side; and thus a man whose paternal grandfather was an Englishman, is an Englishman himself, unless either his father or grandfather be liable to the penalties of felony, have been attainted of treason, or be serving in the army of a prince at war with England at the period of his birth. Neither is this privilege affected by the fact that the mothers of such persons were foreigners. The children of aliens born in England, except in the case of a hostile invasion, are natural-born subjects; but the children of English women by aliens are aliens, unless born within the British dominions. Alien women married to natural-born subjects are naturalised. The allegiance due by an alien or stranger to the prince in whose dominions he resides, is usually called local or temporary allegiance. It differs from natural allegiance chiefly in this, that whereas natural allegiance is perpetual, and unaffected by change of residence, local allegiance ceases when the stranger transfers himself to another kingdom (see ALLEGIANCE). In 1792 and 1793, in consequence of the influx of foreigners caused by the French Revolution, the Alien Acts were passed, conferring on the crown the power of banishing aliens from the realm. They were superseded by the Peace Alien Act, 1836.
Changes extending the power of aliens to hold property were introduced in 1844-47; and the whole legislation regarding aliens was revised and placed on its present footing by the Naturalisation Act of 1870 (33 Vict. chap. 14). By this act both real and personal property of every description, except British ships, may now be acquired, held, and disposed of, by an alien, in the same manner, in all respects, as by a natural-born British subject. An alien is not qualified for any office or municipal, parliamentary, or other franchise, unless naturalised in accordance with the provisions of the act. Every alien who has resided in the United Kingdom or served the British crown for five years, may apply to the Home Secretary for a certificate of naturalisation; and on obtaining it, he becomes in all respects as a natural-born British subject, except that in his old home he may not be deemed a British subject, unless by law or treaty to that effect. Where a convention has been entered into with a foreign state to the effect that the subjects, or citizens, of that state, who have been naturalised as British subjects, may divest themselves of such status, any person, originally a citizen of the state with which the convention exists, may make a declaration of alienage, and on so doing he shall be regarded as an alien, and subject of the state to which he originally belonged. The privilege of aliens of being tried by a jury de medietate linguae is abolished, and it is provided that henceforth they shall be tried in the same manner as natural-born subjects. On the subject of expatriation, it is enacted that any British subject who has at any time before, or may at any time after the passing of this act, when in a foreign state and not under any disability, voluntarily become naturalised in such state, shall thenceforth cease to be a British subject. In the case of a British subject, who before the passing of the act has been naturalised in a foreign state, desiring to retain his British nationality, he may do so by making a declaration and taking the oath of allegiance. Whilst resident within the limits of the foreign state, however, he shall not be deemed a British subject unless he has ceased to be a subject of that state. On naturalisation and the resumption of British nationality, see NATURALISATION.
In the United States, as in England, children born out of the country are not aliens if their fathers are citizens. The alien, though not admitted to the same political and municipal rights as the citizen, is protected in person and property against wrong. But, by an Act approved 3d March 1887, it is provided that individual aliens, corporations not created by and under the laws of the United States or of some state or territory, and corporations more than 20 per cent. of the stock of which may be owned by persons not citizens of the United States, shall not 'hereafter acquire, hold, or own real estate so hereafter acquired, or any interest therein, in any of the territories of the United States or in the district of Columbia.' It is also provided that no corporations, other than railway, canal, or turnpike companies, shall acquire, hold, or own more than 5000 acres of land in any of the territories. As since interpreted by the Attorney-general, however, this Act does not divest any rights already existing, nor does it apply to bona-fide leases, or to personal contracts to work mines.