Speech #970105484

Fiallo v. Bell. 430 U.S. 787 (1977). While the ability to facilitate the immigration of close relatives is not a constitutional right. it constitutes a valuable statutory benefit. This raises the question whether the ability of citizens to file fourth and fifth preference petitions. generally available to all citizens. may be denied to some citizens because their status has been adjusted under the provisions of this bill.. and whether the ability to file second preference petitions. generally available to all aliens lawfully admitted for permanent residence. may be curtailed to some aliens because they or their sponsors had their status adjusted under the provisions of the bill. While the Fifth Amendment to the Constitution does not contain an express Equal Protection Clause. it does forbid disLe.. spouses and unmarried sons and daughters of aliens lawfully admitted for permanent residence. -Le.. married sons and daughters and brothers and sisters of citizens of the United States. - The apparent reason for this provision is that unmarried sons or daughters would be the brothers or sisters of the citizen who. under � 2(c)(3)(A). cannot be admitted under a fourth or fifth preference petition unless the citizen has resided in a State for at least two years.