This Part surveys the current law of personal jurisdiction under the Due Process Clauses and pays special attention to whether and how the alienage
status of a defendant influences doctrine.
Romero, The Congruence Principle Applied: Rethinking Equal Protection Review of Federal Alienage
Classifications After Adarand Constructors, Inc.
the Supreme Court struck down an Arizona alienage
law that penalized
(242) While it is true that the entrant without inspection is an applicant for admission, and thus bearing the burden of proof, it is still the government that initially bears the burden of proving alienage
in the removal case.
The Supreme Court reasoned that classifications based on alienage
are inherently suspect because they are a "discrete and insular minorit[y]" for whom heightened judicial solicitude is appropriate.
1, 9 n.11 (1977) (treating alienage
as a suspect classification, even though alienage
may sometimes be changed through naturalization).
(holding that congressional use of the alienage
immigration, are referred to as alienage
, rather than immigration, laws.
Supreme Court ruled that the provision relieves citizens moving from one state to another "from the disabilities of alienage
in other states."
(14) It is the concept of "otherness," of alienage
per se, that triggers them.
Sassen, Saskia (2005), "The Repositioning of Citizenship and Alienage
: Emergent Subjects and Spaces for Politics" in Globalizations, no.
"Illegal" cannot just refer to individuals who break laws, since that would include anyone convicted of a crime regardless of their citizenship or alienage
; this is not how the term is colloquially used.
citizens, other cases have dealt more directly with the right to travel of persons who were eligible for welfare health benefits but were denied these benefits on account of their alienage
or national origin.
Laws challenged as discrimination based on race or alienage
receive strict scrutiny, laws challenged as discrimination based on sex or legitimacy receive intermediate scrutiny, and all other claims of discrimination result in rational basis scrutiny.
(7) As a result, Article III expressly authorized the federal courts to hear disputes between an alien and a citizen of a state ("alienage