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Fiallo v. Bell, 430 U.S. 787 (1977)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fiallo v. Bell, 430 U.S. 787 (1977)
Fiallo v. Bell No. 75-6297 Argued December 7, 1976 Decided April 26, 1977 430 U.S. 787
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK
Syllabus
Sections 101(b)(1)(D) and 101(b)(2) of the Immigration and Nationality Act of 1952, which have the effect of excluding the relationship between an illegitimate child and his natural father (as opposed to his natural mother) from the special preference immigration status accorded by the Act to the "child" or "parent" of a United States citizen or lawful permanent resident, held not to be unconstitutional. Pp. 792-800.
(a) This Court’s cases
have long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control,
Shaughnessy v. Mezei, 345 U.S. 206, 210; see also Kleindienst v. Mandel, 408 U.S. 753; Harisiades v. Shaughnessy, 342 U.S. 580, 588-589, and no factors exist in the instant case warranting a more searching judicial scrutiny than has generally been applied in immigration cases. Pp. 792-796.
(b) In enacting the challenged statutory provisions, Congress was specifically concerned with clarifying the previous law so that the illegitimate child in relation to his mother would have the same status as a legitimate child, and the legislative history of those provisions reflects an intentional choice not to provide preferential immigration status by virtue of the relationship between an illegitimate child and his natural father. The distinction is one of many (such as those based on age) drawn by Congress pursuant to its determination to provide some -- but not all -- families with relief from various immigration restrictions that would otherwise hinder reunification of the family in this country. The decision as to where to draw the line is a policy question within Congress’ exclusive province. Pp. 797-798.
(c) Whether Congress’ determination that preferential status is not warranted for illegitimate children and their natural fathers results from a perceived absence in most cases of close family ties or a concern with serious problems of proof that usually lurk in paternity determinations, it is not for the courts to probe and test the justifications for the legislative decision. Kleindienst v. Mandel, supra at 770. Pp. 798-799.
406 F.Supp. 162, affirmed.
POWELL, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, BLACKMUN, REHNQUIST, and STEVENS, JJ., joined. WHITE, J., filed a dissenting statement, post, p. 816. MARSHALL, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 800.
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Chicago: U.S. Supreme Court, "Syllabus," Fiallo v. Bell, 430 U.S. 787 (1977) in 430 U.S. 787 430 U.S. 788. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=4QBVKUJCKYK5T4J.
MLA: U.S. Supreme Court. "Syllabus." Fiallo v. Bell, 430 U.S. 787 (1977), in 430 U.S. 787, page 430 U.S. 788. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4QBVKUJCKYK5T4J.
Harvard: U.S. Supreme Court, 'Syllabus' in Fiallo v. Bell, 430 U.S. 787 (1977). cited in 1977, 430 U.S. 787, pp.430 U.S. 788. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=4QBVKUJCKYK5T4J.
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