Fiallo v. Bell
1977 United States Supreme Court case / From Wikipedia, the free encyclopedia
Fiallo v. Bell, 430 U.S. 787 (1977), was a U.S. Supreme Court case that challenged the constitutionality of Sections 101(b)(1)(D) and 101(b)(2) of the Immigration and Nationality Act of 1952.[1] The Sections gave immigration preference to children or parents of either existing U.S. citizens or of noncitizens residing under lawful permanent resident status.[1] But, as the Court wrote, the statute defined “child” narrowly: “an unmarried person under 21 years of age who is a legitimate or legitimated child, a stepchild, an adopted child, or an illegitimate child seeking preference by virtue of his relationship with his mother”.[1]
Fiallo v. Bell | |
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Argued December 7, 1976 Decided April 26, 1977 | |
Full case name | Fiallo v. Bell |
Citations | 430 U.S. 787 (more) |
Case history | |
Prior | Appeal from the District Court of the United States for the Eastern District of New York |
Court membership | |
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Case opinions | |
Majority | Powell, joined by Burger, Stewart, Blackmun, Rehnquist, Stevens |
Dissent | Marshall, Brennan, White |
Laws applied | |
Immigration and Nationality Act of 1952 |
The appellants, three sets of unmarried biological fathers, contended that the law was discriminatory to the relationship between natural fathers and their illegitimate child and claimed equal protection and due process violations.[2]
The Supreme Court rejected the appellants’ claims and upheld the Sections, citing Congress' “exceptionally broad power” to admit or exclude non-citizens and acknowledging the intentional political choice of Congress to exclude a select group.[3] As put by Justice Powell, who wrote for the majority, it was not, “the judicial role in cases of this sort to probe and test the justifications for the legislative decision.”[4]