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Alien, in national and international law, a foreign-born resident who is not a citizen by virtue of parentage or naturalization and who is still a citizen or subject of another country. In early times and in various “dark ages,” the tendency was to look upon the alien as an enemy and to treat him as a criminal or outlaw. Such attitudes were ameliorated in the time of such civilizations as the Roman Empire, when the jus gentium, the Roman law that applied to both citizens and foreigners, tended to favour the idea that aliens had rights; humanity toward aliens was also fostered, in theory at least, by the Christian idea of the unity of all men in the church. The legal and ideological expression of humanity toward the alien, however, is generally a relatively modern development.
As sovereign national states began to develop in modern times, founders of international
law asserted that natural rights were vested in all persons, without regard to citizenship or alienage—rights of which they ought not to be deprived by civilized societies or their governments. There was no general agreement on the content or scope of these rights as they affected aliens, but the existence of some minimum standard of civilized treatment was asserted. The minimum standard, it was conceded, did not include the right of the alien to own realty or to engage in gainful professions.
To meet this situation, states entered into treaties that provided that each of the contracting states would treat the nationals of the other state on an equal footing with its own nationals in the admission into trades and professions, ownership or possession of property, access to courts, enjoyment of liberty of conscience, and freedom of worship. Some treaties do not purport to extend to aliens, however, rights that are by municipal law reserved exclusively to nationals of the country; thus, municipal law, rather than conventional international law, is actually controlling. In particular, the desire of nations to protect citizens in their jobs, professions, and businesses against unemployment and competition is a strong force restricting the latitude of aliens.
Common economic needs of nations, on the other hand, have had some liberalizing effects on the status of aliens. The treaty constituting the European Common Market, for instance, provides that citizens of member states shall be free to reside in any signatory country that offers them employment; wages and working conditions are to be the same for citizens and aliens. This treaty may in time serve as a model to raise the so-called minimum standards in the treatment of aliens.
