What is the Alienage discrimination

Alienage discrimination in immigration law manifests insidiously when the host country treats foreigners differently based on their origin, race, or opinion. Some individuals from certain ethnic groups are thus privileged more than others. Conversely, individuals of a particular racial background are disadvantaged compared to others because of their race.

In a discriminatory context, immigration authorities of the host country impose stricter immigration procedures on them. In such cases, arbitrary visa refusals, unfair treatment during asylum procedures, and preferential issuance of permanent residence are encountered. These discriminatory practices can have serious repercussions on individuals’ fundamental rights and their right to fair international protection.

In accordance with the 1951 Geneva Convention, international law strongly condemns discrimination against foreigners. All participants in this convention have pledged to uphold the principles of justice and equality before the law, regardless of the origin or migratory status of the individual concerned. Thus, any discriminatory practice based on nationality, race, opinion, or membership in a social group is not only unethical but also in violation of international law.

Protected by national and international human rights laws, foreigners can file a complaint with the competent immigration authorities in the event of blatant alienage discrimination. In such cases, the immigration court is obligated to impartially examine these complaints.

Etymology of Alienage discrimination

The term “alienage discrimination” stems from the Latin word “alienus,” meaning “belonging to another,” and “discriminatio,” which translates to “distinction” or “differentiation.” This notion thus refers to a non-citizen of their country of residence being treated differently due to their origin.