Flashcards in Equal Prot: Alienage Deck (6)
What test is used?
They are a discrete and insular minority for whom heightened judicial scrutiny is appropriate.
-Refers to discrimination against non-citizens. Aliens are residents and “persons” under the 14th amend. Should be distinguished from national origin classification
What are the exceptions and what level of scrutiny?
1) Laws that relate to self-government and the democratic process (juries, elected office, voting) (Foley)
*Is this person engaged in policy that would affect citizens?
*Is there discretionary decision making or the execution of policy that substantially affects members of the political community?
2) Through Congressional action or Presidential action. Congress has plenary power over immigration. State can’t deny what const. doesn’t grant them
Graham v. Richardson
-Law denied welfare benefits to aliens
-SS applies→ discreet and insular minority.
-A state’s desire to preserve limited welfare benefits to its own citizens is inadequate to justify the discrimination against aliens.