Resident Alien

Resident alien refers to a person who is not a U.S. citizen but resides in Arkansas (or the United States) on a permanent or indefinite basis. This term typically includes individuals who are legally authorized to live and work in the U.S., such as those holding green cards or other lawful permanent residency statuses.

Key Context of "Resident Alien" in Article II, Section 20 of the Arkansas Constitution

• The section ensures that resident aliens have the same rights as U.S. citizens regarding the possession, enjoyment, and inheritance (descent) of property.
• It explicitly prohibits any legal distinctions between resident aliens and citizens in these matters, safeguarding their property rights.

Legal Definition of Resident Alien

According to broader legal definitions:

1. A resident alien is someone who meets the criteria for residency under U.S. immigration laws or tax laws.
2. They generally intend to remain in the U.S. indefinitely and may own property, work, and participate in other aspects of civic life.

This provision reflects a commitment to equality and fairness, ensuring that non-citizens residing in Arkansas are treated equitably in property-related matters.

26 U.S.C. §7701(b)(1)(A) Resident alien

(b) Definition of resident alien and nonresident alien

(1) In general

For purposes of this title (other than subtitle B) -

(A) Resident alien

An alien individual shall be treated as a _resident_ of the United States with respect to any calendar year if (and only if) such individual meets the requirements of clause (i), (ii), or (iii):

(i) Lawfully admitted for permanent residence

Such individual is a lawful permanent resident of the United States at any time during such calendar year.

(ii) Substantial presence test

Such individual meets the substantial presence test of paragraph (3).

(iii) First year election

Such individual makes the election provided in paragraph (4).