United States v. Des Moines 120, 130, 133, 134, 243 United States v. Washington, 382 United States v. Wilson, 420 28, 31-33, 35, 152 United States v. Feola, 420 29, 36, 150, 155, 165 United States Cas. Co. v. Taylor, 64 F. 2d 521 V. v. New York City, 407 U. S. 203 227, 239-243 Van Reed v. People's Nat. Bank, 198 U. S. 554 319, 330, 331 Victory Carriers, Inc. v. Law, 404 U. S. 202 Vitarelli v. Seaton, 359 U. S. 535 Vlandis v. Kline, 412 U. S. 441 Voris v. Eikel, 346 U. S. 328 Wade v. Hunter, 336 U. S. 684 Waller v. Florida, 397 U. S. 387 146, 151, 164, 168 Walz v. Tax Comm'n, 397 U. S. 664 Ward v. Illinois, 431 U. S. 767 91 902 341 343 425 United States v. Mine Workers, 330 U. S. 258 500 United States v. Nashville, C. & 52, 53 U.S. 333 90 Westby v. Doe, 420 U. S. 968 449 U. S. 332 396 259,260 513 3 268 34 CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 1976 NYQUIST, COMMISSIONER OF EDUCATION OF NEW YORK, ET AL. v. MAUCLET ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURTS FOR THE WESTERN AND EASTERN DISTRICTS OF NEW YORK No. 76-208. Argued March 22, 1977-Decided June 13, 1977 New York statutory provision that bars certain resident aliens from state financial assistance for higher education held to violate the Equal Protection Clause of the Fourteenth Amendment. Pp. 7-12. (a) State classifications based on alienage are "inherently suspect and subject to close judicial scrutiny." Graham v. Richardson, 403 U. S. 365, 372. P. 7. (b) The statute discriminates against a class and is subject to strict scrutiny since it is directed at aliens and only aliens are harmed by it even though its bar against them is not absolute in that those who have applied for citizenship or those not qualified to apply who have filed statements of intent may participate in the assistance programs. Graham v. Richardson, supra; cf. Mathews v. Lucas, 427 U. S. 495, 504-505, n. 11. Pp. 7-9. (c) Any incentive through the statute for an alien to become naturalized is not a proper state concern, since control over immigration and naturalization is exclusively a federal function. P. 10. (d) The naturalization incentive (even if that could be accepted, arguendo, as a justification) or the further justification asserted by appellants, viz., that the financial assistance program is confined to actual or potential voters, thus enhancing the educational level of the electorate, cannot be deemed adequate to support the statute's ban. If the 1 encouragement of naturalization through such programs were adequate, every discrimination against aliens could be similarly justified. And the claimed interest in educating the electorate would not be frustrated by including resident aliens in the assistance program. Pp. 10-12. 406 F. Supp. 1233, affirmed. BLACKMUN, J., delivered the opinion of the Court, in which BRENNAN, WHITE, MARSHALL, and STEVENS, JJ., joined. BURGER, C. J., filed a dissenting opinion, post, p. 12. POWELL, J., filed a dissenting opinion, in which BURGER, C. J., and STEWART, J., joined, post, p. 15. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C. J., joined, post, p. 17. Judith A. Gordon, Assistant Attorney General of New York, argued the cause for appellants. With her on the briefs were Louis J. Lefkowitz, Attorney General, and Samuel A. Hirshowitz, First Assistant Attorney General. Michael Davidson argued the cause for appellee Mauclet. With him on the brief was Kevin Kennedy. Gary J. Greenberg argued the cause and filed a brief for appellee Rabinovitch. MR. JUSTICE BLACKMUN delivered the opinion of the Court. New York, by statute, bars certain resident aliens from state financial assistance for higher education. N. Y. Educ. Law § 661 (3) (McKinney Supp. 1976). This litigation presents a constitutional challenge to that statute. I New York provides assistance, primarily in three forms, to students pursuing higher education. The first type is the Regents college scholarship. These are awarded to high school graduates on the basis of performance in a competitive examination. §§ 605 (1) and 670. Currently, in the usual case, a recipient is entitled to $250 annually for four years of study without regard to need. §§ 670 (2) and (3)(b).1 The 1 There also are other special competitive awards: Regents professional education in nursing scholarships, N. Y. Educ. Law §§ 605 (2) and 671 |