Equal protections: alienage

Question 1

Classifications based on citizenship

Answer 1

Classifications based upon U.S. citizenship are generally suspect classifications that require a compelling interest, but two important exceptions to strict scrutiny for alienage apply:

• Federal classifications; and
• Certain state and local government restrictions.

Question 2

Exceptions to strict scrutiny: federal classifications

Answer 2

Federal classifications are valid unless arbitrary and unreasonable, as Congress has plenary power over citizenship, immigration, and naturalization.

Question 3

Exceptions to strict scrutiny: state and local governments

Answer 3

For state laws that restrict or prohibit an alien’s participation in government functions, the burden is on the challenger to show that the governmental action does not have a rational relationship to a legitimate state interest.

Qualifying participation in government function includes:

• holding certain jobs with particular relevance to the role of government—e.g., working in law enforcement or serving as a public school teacher; and
• direct participation in government functions—e.g., serving on a jury or voting.

Question 4

Private employment and government benefits

Answer 4

States and localities cannot require U.S. citizenship for access to private employment or for government benefits.

Question 5

Federal discrimination

Answer 5

In exercising its plenary power over immigration, Congress could lawfully “discriminate” against aliens in ways that would be unconstitutional if applied to citizens—e.g., by setting lower quotas for Africans than for Scandinavians, which would otherwise be race discrimination.