State, Department of Revenue v. Andrade

OPINION

CARPENETI Justice.

I. INTRODUCTION

We addressed the constitutionality of exclusion of illegal aliens from permanent fund dividend (PFD) eligibility in State, Department of Revenue, Permanent Fund Dividend Division v. Cosio. 1 We suggested in Cosio that there may be a class of legal aliens that has a valid constitutional challenge as to eligibility for a permanent fund dividend. This case presents that challenge and asks whether the language of AS 43.28.005(a)(5)(B), which restricts alien PFD eligibility to those who are "lawfully admitted for permanent residence in the United States,"…