Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration

摘要: For over a century, the Supreme Court has granted federal immigration laws unique immunity from judicial review. Relying on so-called plenary power doctrine, said that "over no conceivable subject" is greater than it immigration; even modern cases, for example, state Congress may freely discriminate basis of race in this context. In recent years, defended approach primarily stare decisis grounds. Article, Professor Gabriel Chin suggests doctrine should be reexamined because foundational cases are unsound. Chae Chan Ping v. United States and Fong Yue Ting States, established remain leading upheld discrimination against immigrants based race. The were decided by same Plessy Ferguson; like Plessy, they reflect principles have been emphatically rejected since Brown Board Education.