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全球化进程使人口的跨国流动和迁移日益加剧。在这一时代背景下,不论是移民国家还是非移民国家都面临着如何保障外国人这一现实的法治问题。近代以降,随着国家主权在观念和制度层面的强化,各国对于个人权利的法律保障往往与公民身份的认同相勾连。外国人在侨居国时常处于国内矛盾和国际争端的风口浪尖。作为无法有效影响政治过程的少数群体,他们较之于侨居国公民更容易遭到该国政府的侵害和歧视。本文以美国的司法实践为中心,尝试对外国人宪法权利的保障这一课题进行探究,共分为导
The process of globalization has led to an ever-increasing cross-border movement and relocation of populations. In this era, both immigrant and non-immigrant countries are faced with the reality of how to protect foreigners. In recent years, with the strengthening of state sovereignty at the conceptual and institutional levels, the legal protection of individual rights in various countries is often linked with the identification of citizenship. Foreigners are often at the cusp of domestic conflicts and international disputes in the country of residence. As minorities that can not effectively influence the political process, they are more vulnerable to violations and discrimination by their government than their citizens of the host country. This article, based on the judicial practice in the United States, attempts to explore the issue of guaranteeing the constitutional rights of foreigners.