This Comment argues that the Ninth Circuit's apparently heightened review in National Center was appropriate. Part I sets forth the applicable standards of review under equal protection analysis for state and federal policies affecting aliens. Part II analyzes the statutory background and the INS regulation that sparked the conflict in National Center, and outlines the case's procedural history and holding. Part III explains that the court's analysis exceeded the traditional standard of review applied to immigration regulations, and argues that the standard used by the court is analogous to the equal protection intermediate level of review. This Comment concludes by urging the federal judiciary to apply heightened scrutiny to federal policies that classify on the basis of alienage when important interests are at stake and explicit foreign policy considerations are absent.
Rosemary E. McGonagle,
National Center for Immigrants' Rights, Inc. v. Immigration and Naturalization Service: Towards Heightened Review of Federal Immigration Policy,
14 Fordham Int'l L.J. 1069
Available at: https://ir.lawnet.fordham.edu/ilj/vol14/iss4/7