Sugarman v. Dougall

413 U.S. 634 (1973)

Facts

Prior to December 28, 1970, Ps were employed by nonprofit organizations that received funds through HRA from the United States Office of Economic Opportunity. These supportive funds ceased to be available about that time and the organizations, with approximately 450 employees, including the appellees and 16 other noncitizens, were absorbed by the Manpower Career and Development Agency (MCDA) of HRA. D advised the transferees that they would be employed by the city. Ps were informed that they were ineligible for employment by the city and that they would be dismissed under the statutory mandate of § 53 (1). Ps instituted a class action. The District Court, in reaching its conclusion that § 53 was unconstitutional under the Fourteenth Amendment, placed primary reliance on this Court's decisions in Graham v. Richardson, 403 U.S. 365 (1971), and Takahashi v. Fish Comm'n, 334 U.S. 410 (1948), and, to an extent, on Purdy & Fitzpatrick v. State, 71 Cal. 2d 566, 456 P.2d 645 (1969). It held that § 53 was in conflict with Congress' comprehensive regulation of immigration and naturalization because, in effect, it denied Ps entrance to, and abode in, New York. Accordingly, the court held, § 53 encroached upon an exclusive federal power and was constitutionally impermissible under Art. VI, cl. 2, of the Constitution.