While he seemed to agree with the plurality that existing precedents required minimum contacts with New Jersey, (20) he also suggested that different rules might properly apply to different kinds of defendants and, specifically, that the alienage
of the defendant might make a difference.
, like those based on nationality or race, are inherently
581, 581-91 (1889) (race and alienage
); Fong Yue Ting v.
the Supremacy Clause: although state alienage
laws are not structurally
If he does not provide evidence of his foreign birth, the only evidence of alienage
the government can use is a statement that may not be very reliable, as it was taken under enough duress to warrant suppression.
365, 378 (1971) ("State laws that restrict the eligibility of aliens for welfare benefits merely because of their alienage
conflict with these overriding national policies in an area constitutionally entrusted to the Federal Government.").
(87) The Supreme Court determined that legal alienage
is a suspect class, and laws discriminating against a suspect class are generally subject to strict scrutiny.
By contrast, the Supreme Court has long been reticent to extend any level of heightened scrutiny to classes other than illegitimacy, race, alienage
, national origin, and gender, turning its focus instead to whether legislation is "rationally related to a legitimate governmental purpose." City of Cleburne v.
As De Genova (2010) argues, with deportation, "the whole totalizing regime of citizenship and alienage
A heavy preponderance of legal scholarship supports the proposition that the ratification debates taken as a whole indicate that the 14th Amendment was designed to extend citizenship to all people born in the United States regardless of the race, ethnicity or alienage
of their parents.
heightened scrutiny: race, (44) national origin, (45) alienage