Court Strikes Down Discriminatory Law Against Nonimmigrant Aliens

Adusumelli v. Steiner (U.S.D.C. New York. So. Div. 2010)

 I usually don’t write about cases which arise outside of the Ninth Circuit, but this case from New York piqued my interest because it involved a conflict between a state regulation and federal immigration laws.  The main issue  resolved in this case was whether a New York law which precludes aliens who are not lawful permanent residents from being licensed as pharmacists is constitutional.  The federal court hearing the case determined that such law was not only unconstitutional, but also was preempted by the federal government’s absolute authority to regulate immigration related matters.

New York State had a law on its books which related to the licensing of pharmacists.  Specifically, the law provides that to qualify for a pharmacist’s license, an applicant must be a United States citizen or an alien lawfully admitted for permanent residence in the U.S.  The law has been interpreted to exclude non-LPR aliens, such as those who have been admitted under certain nonimmigrant visa categories (e.g., H1-B, TN).  Such aliens, while they are permitted to live and work in the U.S., may not do so indefinitely.  The length of time an alien in a nonimmigrant category may live and work in the country is fixed, and subject to a limited number of renewal periods.  There are various other restrictions as well.  For these reasons, New York sought to prevent such aliens from obtaining pharmacist licenses, while allowing LPR aliens to do so.

A group of nonimmigrant aliens who were affected by the law sued the state of New York, alleging that the law was unconstitutional and preempted by the Supremacy Clause of the U.S. Constitution. Their primary argument was that the law discriminated against nonimmigrant aliens without a reasonable basis for doing so.  The law permits lawful permanent residents to obtain licenses to be pharmacists, but prohibits nonimmigrant aliens from doing the same even though they may be equally qualified and experienced.

The State argued that its discriminatory policy was appropriate because nonimmigrant aliens were different than aliens who have LPR status.  For instance, LPRs have nearly the same rights and responsibilities as U.S. citizens, pay taxes as other Americans, may volunteer or be conscripted in the U.S. military, and have authorization to live and work indefinitely in the U.S.  Nonimmigrant aliens, on the other hand, are not permitted to do any of the above.

The court rejected the State’s position, finding that the differences in status the State highlighted between the two classes of aliens were not sufficient to justify the discriminatory treatment.  The court noted that rarely are discriminatory policies involving aliens upheld, except in extreme situations involving national security jobs.  The court also pointed out that many of the aliens involved in the lawsuit had applied for LPR status, and it was only due to the length of the application process which prevented them from becoming LPRs.  For this reason, their status as nonimmigrant aliens was merely temporary until they transition into LPR status.

In summary, the court struck down New York State’s regulation against nonimmigrant aliens because there was no rational basis for its discriminatory intent, and it served no reasonable policy goal.  Also, the regulation encroaches upon the federal government’s absolute authority to regulation all immigration related matters.

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