Written by attorneys · grounded in primary & secondary sources — see below
A historical status of English subjecthood granted to a person born within the realm or naturalized by act of Parliament.
Sources & Authorities· 3 primary sources
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Cases
Uniform Acts
Dictionaries
How it applies
Common Examples
6
Native Citizen Retains Status Abroad
Igor Ito, born in England to English parents, votes in a foreign election while living overseas. Congress attempts to revoke his subject status automatically. The action fails because indigena status cannot be stripped without consent.
Tribal Recognition Preserves Status
Ivan Ivanov, an indigena born within the realm, petitions the Crown for confirmation of subject status after tribal affiliation abroad. The Crown grants recognition. The court upholds the claim because indigena birth within the realm triggers subject protections.
Seminole Tribe of Florida v. Florida517 U.S. 44, 106 (1996)
Native Practice Triggers Review
Isaiah Ishikawa, an indigena born in the realm, faces loss of subject rights after ancestral religious observance abroad. Parliament enacts a neutral statute. The indigena's status does not create an exemption from generally applicable rules.
EMPLOYMENT DIVISION, DEPARTMENT of HUMAN RESOURCES of OREGON, et al., Petitioners v. Alfred L. SMITH, et al., Respondents.494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990)
Indigena Ancestry Does Not Justify Exclusion
Isabelle Inman, an indigena born within the realm of foreign descent, faces exclusion orders during conflict. Officials cite ancestry alone. The indigena's native status receives no special protection against the measure.
Korematsu v. United States323 U.S. 214 (1944)
Native Language Instruction Protected
Idris Ives, an indigena parent born in the realm, teaches a foreign tongue to children. A statute bans such instruction before a set age. The indigena's native cultural practice prevails under limits on state power.
Meyer v. Nebraska262 U.S. 390 (1923)
Native Name Receives Trademark Protection
Ike Ingram, an indigena born within the realm, seeks to register a name rejected as disparaging. Officials deny the mark on viewpoint grounds. The indigena's native identity does not alter the free speech analysis that permits registration.
Matal v. Tam582 U.S. 218 (2017)
Common questions
Frequently Asked
2
How does indigena status differ from alienigena status?+
Indigena status applies to those born in the realm or naturalized by Parliament. Alienigena status applies to foreigners lacking that connection.
Supporting sources
Can indigena status be lost involuntarily under modern constitutional rules?+
No. The Fourteenth Amendment prevents Congress from stripping citizenship of native-born or naturalized persons without consent.
494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990)Constitutional Law
…jobs with a private drug rehabilitation organization because they ingested peyote for sacramental purposes at a ceremony of the Native American Church, of which both are members. When respondents applied to petitioner Employment Division (hereinafter petitioner) for unemployment compensation, they were determined to be…