Alienage Classifications

Notes:

-Alienage classifications refers to discrimination against non-citizens.
-Equal Protection Clause of the Fourteenth Amendment is not confined to only citizens and is applicable to everyone within our territorial jurisdictions.
-Generally, Strict Scrutiny is used to evaluate discrimination against non-citizens.
-However, alienage classifications related to self-government and the democratic process only need to meet the rational basis test.
-Additionally, Congress has plenary power to regulate immigration and the Court has been deferential to federal statutes and presidential orders that discriminate against aliens.

Cases:

- Graham v. Richardson, the court held that a State statute that denies welfare benefits to resident aliens and one that denies them to aliens who have not resided in the United States for a specified number of years violate the Equal Protection Clause.
- Sugarman v. Dougall, the Court invalidated NY law that prevented aliens from holding civil service jobs.
- In re Griffiths, the Court invalidated a state law that excluded aliens from being licensed as attorneys.
-Examining Board v. Flores de Otero, the Court invalidated a Puerto Rican law that only allowed U.S. citizens to be engineers.
-Nyquist v. Mauclet, the Court invalidated a NY law that only affected aliens by placing conditions on the receipt of financial aid for higher education.