Equal Protection Pyramid

Exceptions to Strict Scrutiny for Alienage Classifications

The Supreme Court generally applies Strict Scrutiny when a challenged government action has an alienage classification. However, rational basis review is applied when the alienage classifications are related to self government and the democratic process. Thus a State may deny aliens the right to vote, hold public office, or serve on juries. This has been called the "government function" exception. What else fits under this exception?

In determining what is a government function, the Court may ask the question, "does this function fulfil a most fundamental obligation of government to it's constituency." In Foley v. Conelleie, the Court found that police officers fit under the government function exception. In Ambach v. Norwick, the Court extended the government function exception to public elementary and secondary school teachers. Looking at the role of public educators, the Court found that they do fit under the exception as was stated in Sugarmann and Foley. In Cabell v. Chavez-Salido, the court extended the exception to probation officers. However, in Bernal v. Fainter, the court refused to extend the exception to notary publics.

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.

Illegal Aliens Political Cartoon