Given the right to travel and to live in any state. the discrimination based on place of residence within the United States which is contained in H.R. 3517 may be harder to defend than the discrimination allowed in Mathews v. Diaz. Nevertheless. any possible constitutional attack on the proposed legislation must be viewed in light of Congress plenary power to control the admission of aliens into the United States. No successful challenge to this legislative power has ever been made. See 1 Gordon & Rosenfield Immigration law and Procedure. 216. 217. 218 (1980). If there are any limits at all on Congress power to legislate in this area. no court has yet defined them. Laws affecting immigration have withstood court challenge even where. as with this bill. they adversely affected United States citizens. See Fiallo v. Bell. supra.
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