Reading Room Document

Immigration Proposals

The document is a memorandum to the Attorney General regarding the constitutionality of certain immigration proposals. The proposals would exclude certain categories of foreign workers and illegal aliens from participating in the welfare system, based on the length and nature of their residence in the United States. The conclusion reached in the document is that these proposals do not offend the Constitution, as the federal government has broad discretion to make legitimate distinctions between citizens and non-citizens in the welfare context. The questions presented for review include whether the distinctions drawn by the Immigration Task Force would survive scrutiny under the Due Process Clause, and whether the exclusion from ordinary welfare programs based on the duration and character of affiliation with the United States is constitutionally valid.

August 10, 1981