Fiallo v. Levi

(dissenting) :

I. Issues

The constitutionality of the definitions of “parent” and “child” in the Immigration and Naturalization Laws is challenged. Section 101(b)(1) and (2) of the Immigration and Nationality Act (Act), Title 8 U.S.C. § 1101(b)(1) and (2) (1970). Unlike mothers and their illegitimate children, fathers, and their illegitimate children, are excluded from the definition of “parent” and “child”. They are therefore ineligible for certain exemptions given citizens’ relatives who are trying to enter the country: citizen fathers can not have their migrating illegitimate children…