Is a person who is not a legal alien entitled to the same level of scrutiny as a plaintiff in a civil case?

California, United States of America


The following excerpt is from People v. ArcIGA, 182 Cal.App.3d 991, 227 Cal.Rptr. 611 (Cal. App. 1986):

Nevertheless, we note article I, section 7, of the California Constitution, and the Fourteenth Amendment of the United States Constitution, require individuals similarly situated with respect to the law be treated the same. Legal aliens have been held to constitute a "discrete and insular minority" and a suspect class afforded the protection of strict scrutiny whether or not [182 Cal.App.3d 1002] a fundamental right is impaired by government action. (Graham v. Richardson (1971) 403 U.S. 365, 372, 376, 91 S.Ct. 1848, 1852, 1854, 29 L.Ed.2d 534.) 4

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