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Tarango v. State Industrial Insurance Co.6/13/2001
tself a crime."
As a result, the Plyler Court refused to acknowledge undocumented aliens as a suspect class, and in doing so, the Court stated that deference must be given to the legislature in determining classification schemes for those illegally in the United States. Further, the Court held that state legislation concerning those individuals must only include "some fair relationship to a legitimate public purpose." Consequently, it is our view that state action disfavoring undocumented aliens with disparate treatment is not prohibited so long as the legislation is fairly related to a legitimate state purpose.
Here, the priority scheme of NRS 616C.530 was designed by the legislature with the intent to efficiently return injured employees back into the workforce. If SIIS were required to offer Tarango vocational training merely because Tarango was illegally in the country, he would unfairly benefit from services prohibited to all legal workers solely because of his undocumented status. Such a consequence would result in disparate treatment of those lawfully entitled to work in Nevada, and would be in violation of the Equal Protection Clause since all those similarly situated must be treated in a like manner.
Appellant Tarango is an undocumented alien. Unauthorized entry into the United States is a crime. Consequently, the United States Supreme Court has stated that benefits may be withheld "from those whose very presence within the United States is the product of their own unlawful conduct." As a result, we conclude that SIIS's denial of appellant's vocational rehabilitation benefits was fairly related to a legitimate government purpose.
CONCLUSION
We conclude that the IRCA preempts Nevada's workers' compensation scheme in so far as it provides undocumented aliens with employment within the boundaries of the United States. Further, the legislature's priority scheme under NRS 616C.530, and the Equal Protection Clause, preclude SIIS from awarding formal vocational training to undocumented workers. As a result of these conclusions, we affirm the order of the district court awarding appellant permanent partial disability, but denying appellant vocational rehabilitation benefits.
YOUNG, AGOSTI, ROSE and BECKER, JJ., concur.
SHEARING, J., concurring:
I agree with Chief Justice Maupin's analysis of the law; however, I do not agree that a remand is required "for a more fact-intensive determination."
The record is clear that Angel Tarango is employable in his present condition. SIIS has already found that he is fully capable of employment, but is only restricted from lifting over fifty pounds. He has been compensated for this ten percent disability. He can work but just not at a job requiring lifting more than fifty pounds and not legally in this country. Therefore, he is not eligible for rehabilitation benefits.
I agree with the majority in affirming the judgment of the district court.
MAUPIN, C.J., concurring and dissenting:
Angel Tarango is an undocumented alien worker who was severely injured in the course and scope of his employment with a Las Vegas drywall contractor. After collecting wage, medical, and disability benefits, he submitted a claim for vocational rehabilitation to the SIIS. An administrative appeals officer upheld denial of the claim on the ground that providing rehabilitation services to Mr. Tarango would violate the federal Immigration Reform and Control Act ("IRCA") of 1986. The district court denied Mr. Tarango's petition for judicial review of that decision.
I would remand this matter for a more fact-intensive determination
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