Also known as: privileges and immunities of citizenship · privileges or immunities clause · Privileges or Immunities Clause · 14th Amendment privileges or immunities
Written by attorneys · grounded in primary & secondary sources — see below
A set of rights inherent in national citizenship that the Fourteenth Amendment protects against state abridgment. These rights include the ability of newly arrived residents to receive the same public benefits as longer-term residents without durational waiting periods or reductions tied to prior state levels.
Phuong Pham moved from State B to New York and applied for the state health access program six months later. The agency limited her to crisis services only because she had not yet lived in the state for twelve months. She sued, arguing that the durational limit prevented her from receiving the same comprehensive coverage available to longer-term residents.
Priscilla Parks moved from State B to Louisiana and applied for public assistance six months later. The agency limited her benefits to the lower amount from her prior state because she had not yet lived in Louisiana for twelve months. She sued, arguing that the durational limit prevented her from receiving the same benefits available to longer-term residents.
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Parker Phillips relocated to a new state and applied for public assistance. The agency calculated benefits at the lower level from his prior state and imposed a one-year wait for full amounts. He sued, claiming the policy penalized his exercise of the right to travel by denying equal treatment to new residents.
Pilar Pena moved from State B to California and applied for the state health access program six months later. The agency limited her to crisis services only because she had not yet lived in the state for twelve months. She sued, arguing that the durational limit prevented her from receiving the same comprehensive coverage available to longer-term residents.
Preston Pratt relocated to a new state and applied for public assistance. The agency calculated his benefits at the lower level from his prior state and imposed a one-year wait for full amounts. He sued, claiming the policy penalized his exercise of the right to travel by denying equal treatment to new residents.
Pierre Poulin moved from State B to Indiana and applied for public assistance six months later. The agency limited benefits to the lower amount from his prior state because he had not yet lived in Indiana for twelve months. He sued, arguing that the durational limit prevented him from receiving the same benefits available to longer-term residents.
The clause protects rights of national citizenship from state interference. One core protection is the right of new residents to equal treatment in public benefits without durational residency requirements.
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The clause supplies part of the textual basis for the right to travel. It prevents states from imposing waiting periods or reduced benefits that penalize new residents for exercising that right.
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No. The clause limits state action only. Challenges to federal conduct rely on other provisions such as the Fifth Amendment Due Process Clause.
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…as a basic constitutional freedom. This right is protected by the Privileges and Immunities Clause of Article IV, § 2, by the Privileges or Immunities Clause of the Fourteenth Amendment, and by the Due Process Clause of the Fifth Amendment as incorporated in the Fourteenth Amendment. The right to travel includes the right of a citizen of one…