Equal Protection (Classifications of Non-US Citizens)

Question 1

If Classification of Non U.S. Citizen→

Answer 1

Classifications on the basis of citizenship status is reviewed under strict scrutiny (Graham).

Question 2

Three Exceptions to SS review for Non-Citizen Classifications

Answer 2

(1) Democratic Process
(2) Imposed by Congress
(3) Undocumented Immigrants

Question 3

Democratic Process Exception

Answer 3

if the restriction involves a position of substantial policy-making discretion and is related to self-government, then RBR applies. (Foley + Ambach)

Question 4

Imposed by Congress

Answer 4

When the federal government discriminates on the basis of alienage, RBR applies.This is because of the long history of federal control over immigration and foreign affairs. (Matthews). However, if a federal agency other than Congress or the President discriminates on alienage, then strict scrutiny applies. (Hampton).

Question 5

Undocumented Immigrants

Answer 5

States cannot bar undocumented immigrant children from receiving a free, public education. Classifications on the basis of undocumented status receive something like intermediate scrutiny, but the Court does not state this explicitly. (Pyler).

Question 6

Graham v. Richardson

Answer 6

In Graham, the Court held AZ limiting certain welfare benefits from non citizens who have been in the US for 15 years or less is unconstitutional and any classifications based on citizenship are reviewed under strict scrutiny. Saving state funds and resourcing is not a compelling justification.

Question 7

Foley v. Connelie

Answer 7

In Foley, the Court held that NY’s prohibition on non-citizens becoming police officers was constitutional and examined under RBR.

Question 8

Ambach v. Norwick

Answer 8

In Ambach, the Court held that a NY law requiring public school teachers to be citizens was constitutional and examined under RBR. Public school teachers play a critical role in civic education and falls within the democcratic functions exception.

Question 9

Matthews v. Diaz

Answer 9

Federal government historically has deference over immigration. If they act, then RBR applies.

Question 10

Hampton v. Wong

Answer 10

If a federal agency acts, then strict scrutiny is applied.

Question 11

Pyler v. Doe

Answer 11

In Pyler v. Doe, the Court held withholding free public education from undocumented immigrant children was unconstitutional. There is no fundamental right to an education and undocumented immigrants are not a suspect class. However, the court seems to apply something like intermediate scrutiny or Rational Basis plus to strike down the law as unconstitutional.