These cases train the inquiry on how alienage
influences personal jurisdiction under the Due Process Clauses.
in which the Court separately struck down an Arizona alienage
[section] 1240.8(c) (2014) ("In the case of a respondent charged as being in the United States without being admitted or paroled, the Service must first establish the alienage
of the respondent.").
After Plyler, it became clear that alienage
did not always rise to the level of strict scrutiny.
laws, including existing state laws that regulate
(20) Saskia Sassen, "The Repositioning of Citizenship and Alienage
: Emergent Subjects and Spaces for Politics" in Globalizations vol.
(7.) Visible whiteness is not enough by itself to signify alienage
or even immigrant status.
Supreme Court has held that state laws which discriminate based on alienage
or length of in-state residency are in violation of the Fourteenth Amendment's Equal Protection Clause, the same does not necessarily hold true for federal laws.
A classification by race or alienage
, however, raises the suspicion that the classification is arbitrary.
It is true that even though the alienage
jurisdiction statute creates federal subject matter jurisdiction, (62) courts nonetheless use forum non conveniens to dismiss those types of suits.
In Linda Bosniak's terms, the conjoined statuses of the "alienage
of the citizen," who due to the salmagundi status of gay marriage in the U.S., is not completely "out" of citizenship and the "citizenship of the alien," who is not completely "in," reveal the compounded vulnerability of this new "class of persons," a subject whose "right to have rights" is contingent upon those of her partner.
, (139) is typically regarded as the "high-water mark of