Taking the Nation out of Alienation: Dandamudi v. Tisch Affirms that Nonimmigrant Aliens are Entitled to Suspect Class Protection

Abstract

On July 10, 2012, in Dandamudi v. Tisch, the U.S. Court of Appeals for the Second Circuit struck down New York Education Law section 6805(1)(6), reasoning that it violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The law explicitly denied legal, nonimmigrant aliens the ability to apply for a license to practice as a pharmacist in New York. The Second Circuit’s decision diverged from those of other circuits that have held similar laws targeting nonimmigrant aliens to be constitutional. This Comment argues that the Second Circuit’s decision in Dandamudi faithfully comports with Supreme Court Equal Protection Clause precedent. Further, it asserts that the Dandamudi court’s ruling is a much-needed affirmation of nonimmigrant aliens’ right to work and contribute productively to American society.