Also known as: resident aliens · lawful permanent resident
Written by attorneys · grounded in primary & secondary sources — see below
An individual who is a citizen or subject of a foreign nation and who has established a lawful domicile in the United States.
Ryan Roberts, a citizen of Canada who obtained lawful permanent resident status and has lived in the United States for four years, applies for Medicare benefits. Federal regulations deny coverage because he lacks five years of residence. The court sustains the denial after determining that the classification rests on a reasonable distinction tied to immigration control.
Rhea Reynolds, a resident alien from Mexico living in Pennsylvania, faces prosecution under a state law requiring annual registration of all aliens. Federal immigration statutes already impose registration duties. The court holds the state measure unenforceable because it interferes with exclusive national authority over aliens.
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Riley Rivera, a resident alien from India, receives an administrative determination that he should not be deported and may adjust to permanent resident status. Congress passes a resolution vetoing the determination for several named individuals including Rivera. The court invalidates the veto as an unconstitutional legislative action.
Ralph Richardson, a resident alien child whose parents are lawfully present, attends public school in Texas. State officials attempt to exclude children lacking full documentation from the classroom. The court requires continued enrollment because the distinction between documented resident aliens and other children does not justify denial of education.
Ruby Rivera, a resident alien convicted of murder, seeks to overturn a death sentence by showing that similar cases involving noncitizens produce higher capital rates. The court rejects the claim because aggregate data alone does not prove purposeful discrimination in the individual proceeding.
Roberto Reyes, a resident alien father, seeks citizenship for his child born abroad. The statute requires the citizen parent to have been physically present in the United States for a set period. The court upholds the rule as a permissible exercise of congressional authority over naturalization even though it treats mothers and fathers differently.
A lawful permanent resident domiciled in a state is treated as a citizen of that state for purposes of the alienage provision in 28 U.S.C. § 1332(a)(2). The statute therefore withholds federal jurisdiction over actions between that resident and a citizen of the same state.
Federal alienage classifications receive rational basis review rather than strict scrutiny because Congress possesses plenary power over immigration. A classification is upheld if it is not arbitrary or unreasonable.
No. Domicile requires both physical presence and an intent to remain indefinitely. A green card shows lawful status but does not by itself prove the requisite intent when other facts point elsewhere.
…In these six cases however, we believe it would be grossly improper to allow these people to acquire the status of permanent resident aliens. "Mr. WYLIE. In other words, the gentleman has been working with the Attorney General's office? "Mr. EILBERG. Yes. "Mr. WYLIE. This bill then is in fact a confirmation of…