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Tarango v. State Industrial Insurance Co.6/13/2001
d Tarango's vocational rehabilitation claim because of his undocumented status.
It should be noted that Tarango also contends that SIIS's denial of his vocational rehabilitation benefits violates the 14th Amendment. We disagree.
The 14th Amendment to the United States Constitution states that:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.*fn28"
In analyzing the language of the 14th Amendment, the United States Supreme Court has recognized that aliens are considered "persons" for purposes under that amendment. Further, the Court has held that the amendment's phrase "within its jurisdiction" emphasizes that the umbrella of equal protection covers "all within a State's boundaries, and to all upon whom the State would impose the obligations of its laws." Therefore, aliens - whether documented or undocumented - are to be provided such protections. And as a result, appellant contends that because SIIS is a governmental agency acting as an arm of the State of Nevada, it must comply with the Equal Protection Clause even when administering workers' compensation benefits to undocumented workers. We agree.
In considering an equal protection challenge, the court must first determine the appropriate standard of review. This court's standard for examining the validity of legislation under the Equal Protection Clause is the same as the federal standard. Thus, the proper standard of review depends on the classification to be considered, and the appropriate level of scrutiny to be applied to the affected interest.
The highest level of scrutiny - strict scrutiny - is applied in cases involving fundamental rights or a suspect class. Under strict scrutiny, legislation should only be upheld if it is necessary to advance a compelling state interest, and it is narrowly tailored to achieve that interest.
Comparatively, a lesser standard of review is required when the classification does not affect fundamental liberties. Under this level of scrutiny, legislation meets its burden of review so long as it is rationally related to a legitimate government interest. The "rational basis test" generally presumes that the law is constitutional, and thus, the courts show deference to the legislation.
Between these two standards of review lies an intermediate level of scrutiny, which generally has been applied to matters of gender or illegitimacy.
Appellant contends that the standard of review should meet that of a compelling state interest. Under the due process guarantee, the courts will require a compelling interest whenever laws distinguish persons based on classification. Thus, "classifications based on alienage, like those based on nationality or race, are inherently suspect and subject to close judicial scrutiny." This court has applied similar reasoning in affording aliens the protection of strict scrutiny review.
However, although we conclude that undocumented aliens have a right to equal protection under the 14th Amendment, the United States Supreme Court has "reject the claim that 'illegal aliens' are a 'suspect class.'" To the contrary, entry into the undocumented alien classification is not done by some involuntary action such as entry into suspect classifications based on minority or origin. Rather, the Court has stated that "entry into this class, by virtue of entry into this country, is the product of voluntary action. Indeed, entry into the class is i
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