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Under the Equal Protection Clause, what level of scrutiny is applied to undocumented aliens?

Bar Exam Prep Constitutional Law Equal Protection Under the Equal Protection Clause, what level of scrutiny is applied to undocumented aliens?
🇺🇸 Constitutional Law • Equal Protection CONLAW#113

Legal Definition

Classifications involving undocumented aliens are subject to rational basis scrutiny.

Plain English Explanation

When the government makes rules that treat undocumented aliens differently from citizens or other groups, it doesn’t have to meet the strictest standards. Normally, laws that treat people differently because of their race or gender need a very strong justification—these are areas where discrimination has deep, harmful roots in history, and the potential for unfair treatment is high. But when it comes to undocumented aliens, the standards are not as tough. The government just needs to show that there's a reasonable logic behind these different treatments. This is because the Constitution gives the government broad power to regulate immigration, which includes making distinctions between citizens and non-citizens. This rule exists mainly to balance the government's responsibility to manage the country's borders and immigration with the rights of individuals.

Hypothetical

Hypo 1: Bob, who is an undocumented alien, applies for a state benefit in Hypofornia that is only available to legal residents. The state denies his application based on his status as an undocumented alien. Result: Under the rational basis scrutiny, the state only needs to show a reasonable justification for this rule, such as preserving limited resources for legal residents, which is considered a valid governmental objective.

Visual Aids

Under the Equal Protection Clause, what level of scrutiny is applied to undocumented aliens?
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