Constitutional Law: Protection of Individual Rights: Equal Protection: Alienage Classifications

  • Equal Protection: Alienage Classifications – suspect class, strict scrutiny used. Laws that discriminates against non-citizens.
    • Federal discrimination against aliens: Strict scrutiny does not apply because Congress has plenary power over aliens, so Congressional laws are subject to RBR.
    • State discrimination against aliens: subject to strict scrutiny.
      • EXCEPTION: However, state laws are subject to RBR when they are alienage classifications that concern self government and the democratic process. The state may discriminate against aliens in this way with respect to voting, serving on a jury, being a police officer, teacher, or probation officer.
      • U.S. Citizenship is not required for bar admission.