Mullin v. Doe · ¶118
If equal protection principles applied to immigration decisions, much of even our current immigration law would conflict with this Court’s modern equal protection doctrine. This Court has interpreted the Equal Protection Clause to bar discrimination based on “country of origin.” Oyama v. California, 332 U. S. 633, 640 (1948). But, our immigration laws have distinguished among aliens based on their national origin from the beginning. See, e.g., Act of July 6, 1798, §1, 1 Stat. 577 (authorizing deportation of those who are subjects of hostile nations). Today, applicants for immigration are treated differently based on their nationality as a matter of course. 8 U. S. C. §1152(a)(2). And, respondents themselves seek a protection from deportation for people from Haiti, but not the neighboring Dominican Republic. If they are correct that the Court should apply equal protection precedents to…Read in context ›
slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.