Fiallo v. Bell

430 U.S. 787 (1977)

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Nature of the Case

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Facts

The Act gave special preference to aliens who qualify as children or parents of United States citizens or lawful permanent residents. Appellants (A) are three sets of unwed natural fathers and their illegitimate offspring who sought, either as an alien father or an alien child, a special immigration preference by virtue of a relationship to a citizen or resident alien child or parent. The Act excluded illegitimates from that special status. A claimed that this was unconstitutional under the First, Fifth and Ninth Amendments; they were denied equal protection, due process of law by the conclusive presumption of the absence of a strong psychological and economic tie between the fathers and their illegitimate offspring and strongly interfered with their rights of association.