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Fiallo v. Bell

United States Supreme Court

430 U.S. 787 (1977)

Relevant factsFree

The Immigration and Nationality Act granted preferential immigration status to the qualified parents or children of U.S. citizens and permanent residents, but its definitions of "children" and "parents" excluded illegitimate children seeking preference through their fathers (or fathers seeking preference through illegitimate children). Fiallo and other fathers and illegitimate children (plaintiffs) challenged the relevant sections as unconstitutional. The district court upheld the statute, and the Supreme Court took the appeal.

IssueFree

Whether Congress may enact immigration legislation that grants preferential status to some family relationships but excludes others, such as fathers and their illegitimate children.

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