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Discrimination Against Noncitizens by the Federal Government

This lesson will address constitutional issues related to discrimination against noncitizens by the federal government.


Governmental discrimination against noncitizens and discriminatory classifications that adversely affect noncitizens’ rights and privileges have been pervasive throughout United States history. The constitutional doctrine of equal protection of the laws, embodied in the Fifth Amendment regarding the federal government and the Fourteenth Amendment regarding state and local governments, applies differently depending on which government discriminates against noncitizens.

I. Discrimination by...