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Constitutional Law • Equal Protection
CONLAW#114
Legal Definition
Classifications involving undocumented alien children are subject to intermediate scrutiny.
Plain English Explanation
For undocumented alien children, the government can't just make rules that treat them differently without a good reason. They have to show that these rules are actually necessary to reach important goals, like improving public safety or ensuring that all children get equal education opportunities. This "intermediate scrutiny" is tougher than just needing a basic reason, but not as strict as needing a very powerful reason, which is required for issues like race or nationality. This level of scrutiny helps protect these children from unfair treatment while allowing the government some flexibility to address practical concerns. After all... they are kids.
Hypothetical
Hypo 1: Timmy, an undocumented alien child, applies to join a state-funded science academy which has a policy of accepting only legal residents. Result: The state must show that this policy importantly serves a public goal, such as allocating limited educational resources to children who are legally in the state. This policy might be upheld under intermediate scrutiny if the state convincingly argues that the policy helps manage scarce educational resources.
Hypo 2: In New Hypoland, a policy requires that undocumented alien children must undergo additional health screenings before enrolling in public schools. Result: The state argues that this requirement addresses public health concerns, which is considered an important government objective. This policy is likely to be upheld under intermediate scrutiny if the state can prove that this additional screening is essential for detecting diseases that could pose a public health risk.
Hypo 2: In New Hypoland, a policy requires that undocumented alien children must undergo additional health screenings before enrolling in public schools. Result: The state argues that this requirement addresses public health concerns, which is considered an important government objective. This policy is likely to be upheld under intermediate scrutiny if the state can prove that this additional screening is essential for detecting diseases that could pose a public health risk.
Visual Aids
Related Concepts
The Equal Protection Clause applies to which actions?
Under the Equal Protection Clause, what level of scrutiny is applied to alienage?
Under the Equal Protection Clause, what level of scrutiny is applied to all other classifications beside fundamental right, suspect, and quasi-suspect?
Under the Equal Protection Clause, what level of scrutiny is applied to everything else?
Under the Equal Protection Clause, what level of scrutiny is applied to fundamental rights or suspect classifications?
Under the Equal Protection Clause, what level of scrutiny is applied to gender and legitimacy?
Under the Equal Protection Clause, what level of scrutiny is applied to laws benefitting women?
Under the Equal Protection Clause, what level of scrutiny is applied to quasi-suspect classification?
Under the Equal Protection Clause, what level of scrutiny is applied to race or national origin?
Under the Equal Protection Clause, what level of scrutiny is applied to undocumented aliens?
What is the Equal Protection Clause?
