Fiallo v. Bell Case Brief

Facts of the Case

Sections 101(b)(1)(D) and 101(b)(2) of the Immigration and Nationality Act grant preferential immigration status to qualified parents or children of United States citizens and permanent resident aliens. However, because of the definition of “children” and “parents,” preferential status is not granted to an illegitimate child seeking preference through his father, or a father seeking preference through his illegitimate child. Fiallo (Plaintiff) and the other plaintiffs in the case were three sets of fathers and illegitimate children seeking preferential immigration treatment for either the father or the child based on their relationship with the other. The plaintiffs challenged the constitutionality of the relevant Sections of the act in federal district court. They district court upheld the sections as constitutional, and the Supreme Court granted certiorari on the appeal.


Does the termination of Social Security benefits when the recipient is deported violate the Fifth Amendment right to accrued property?



Case Information

Citation: 430 US 787 (1977)
Argued: Dec 7, 1976
Decided: Apr 26, 1977
Case Brief: 1977