fiallo bell argued december decided april sections immigration nationality act effect excluding relationship illegitimate child natural father opposed natural mother special preference immigration status accorded act child parent citizen lawful permanent resident held unconstitutional pp cases long recognized power expel exclude aliens fundamental sovereign attribute exercised government political departments largely immune judicial control shaughnessy mezei see also kleindienst mandel harisiades shaughnessy factors exist instant case warranting searching judicial scrutiny generally applied immigration cases pp enacting challenged statutory provisions congress specifically concerned clarifying previous law illegitimate child relation mother status legitimate child legislative history provisions reflects intentional choice provide preferential immigration status virtue relationship illegitimate child natural father distinction one many based age drawn congress pursuant determination provide families relief various immigration restrictions otherwise hinder reunification family country decision draw line policy question within congress exclusive province pp whether congress determination preferential status warranted illegitimate children natural fathers results perceived absence cases close family ties concern serious problems proof usually lurk paternity determinations courts probe test justifications legislative decision kleindienst mandel supra pp powell delivered opinion burger stewart blackmun rehnquist stevens joined white filed dissenting statement post marshall filed dissenting opinion brennan joined post janet calvo argued cause appellants pro hac vice briefs kalman finkel john kirklin anita fisher barrett harold tyler argued cause appellees brief solicitor general bork assistant attorney general thornburgh kenneth geller sidney glazer justice powell delivered opinion case brings us constitutional challenge immigration nationality act act stat amended act grants special preference immigration status aliens qualify children parents citizens lawful permanent residents child defined unmarried person years age legitimate legitimated child stepchild adopted child illegitimate child seeking preference virtue relationship natural mother definition extend illegitimate child seeking preference virtue relationship natural father moreover person qualifies parent purposes act solely basis person relationship child result natural father illegitimate child either citizen permanent resident alien entitled preferential treatment parent special preference immigration status provided satisfy statutory relationship depends whether immigrant relative citizen permanent resident alien citizen allowed entry parent child without regard either applicable numerical quota labor certification requirement hand permanent resident alien allowed entry parent child subject numerical limitations without regard labor certification requirement see gordon rosenfield immigration law procedure rev ed appellants three sets unwed natural fathers illegitimate offspring sought either alien father alien child special immigration preference virtue relationship citizen resident alien child parent instance applicant informed ineligible immigrant visa unless qualified admission general numerical limitations case alien parents received requisite labor certification appellants filed action july district eastern district new york challenging constitutionality act first fifth ninth amendments appellants alleged statutory provisions denied equal protection discriminating natural fathers illegitimate children basis father marital status illegitimacy child sex parent without either compelling rational justification ii denied due process law extent established unwarranted conclusive presumption absence strong psychological economic ties natural fathers children born wedlock legitimated iii seriously burden ed infringe upon rights natural fathers children born wedlock legitimated mutual association privacy establish home raise natural children raised natural father app appellants sought enjoin permanently enforcement challenged statutory provisions extent statute precluded qualifying special preference accorded parents children district convened consider constitutional issues noting congress power fashion rules admission aliens exceptionally broad district held one judge dissenting statutory provisions issue neither wholly devoid conceivable rational purpose fundamentally aimed achieving goal unrelated regulation immigration fiallo levi supp therefore granted judgment government dismissed action noted probable jurisdiction sub nom fiallo levi reasons set forth affirm ii outset important underscore limited scope judicial inquiry immigration legislation repeatedly emphasized conceivable subject legislative power congress complete admission aliens oceanic navigation stranahan accord kleindienst mandel cases long recognized power expel exclude aliens fundamental sovereign attribute exercised government political departments largely immune judicial control shaughnessy mezei see harisiades shaughnessy lem moon sing fong yue ting chinese exclusion case recent decisions departed rule last term example occasion note power aliens political character therefore subject narrow judicial review hampton mow sun wong citing fong yue ting supra accord mathews diaz observed recently exercise broad power immigration naturalization congress regularly makes rules unacceptable applied citizens appellants apparently challenge need special judicial deference congressional policy choices immigration context instead suggest unique coalescing factors makes instant case sufficiently unlike prior immigration cases warrant searching judicial scrutiny brief appellants appellants first observe since statutory provisions designed reunite families wherever possible purpose statute afford rights aliens citizens legal permanent residents appellants rely decisions proposition courts must scrutinize congressional legislation immigration area protect violations rights citizens issue cases however nature protections mandated fourth amendment respect government procedures designed stem illegal entry aliens nothing opinions cases suggests congress anything exceptionally broad power determine classes aliens may lawfully enter country see appellants suggest second distinguishing factor argue none prior immigration cases involved discrimination based sex illegitimacy infringed upon due process rights citizens legal permanent residents implicated fundamental constitutional interests citizens permanent residents familial relationship brief appellants see resolved similar challenges immigration legislation based constitutional rights citizens rejected suggestion searching judicial scrutiny required kleindienst mandel supra example citizens challenged power attorney general deny visa alien proponent economic international governmental doctrines world communism ineligible receive visa absent waiver attorney general case conceded congress prohibit entry aliens falling class defined contended however attorney general statutory discretion approve waiver limited constitution first amendment rights abridged denial mandel request visa held executive exercises delegated power negatively basis facially legitimate bona fide reason courts neither look behind exercise discretion test balancing justification first amendment interests seek personal communication applicant see reason review broad congressional policy choice issue exacting standard applied kleindienst mandel first amendment case finally appellants characterize prior immigration cases involving foreign policy matters congressional choices exclude expel groups aliens specifically clearly perceived pose grave threat national security citing harisiades shaughnessy general welfare country citing boutilier ins brief appellants find indication prior cases scope judicial review function nature policy choice issue contrary ince decisions matters may implicate relations foreign powers since wide variety classifications must defined light changing political economic circumstances decisions frequently character appropriate either legislature executive judiciary reasons preclude judicial review political questions also dictate narrow standard review decisions made congress president area immigration naturalization mathews diaz see harisiades shaughnessy supra justice frankfurter observed concurrence harisiades shaughnessy conditions entry every alien particular classes aliens shall denied entry altogether basis determining classification right terminate hospitality aliens grounds determination shall based recognized matters solely responsibility congress wholly outside power control iii originally enacted act defined child unmarried legitimate legitimated child stepchild years age board immigration appeals attorney general subsequently concluded failure definition refer illegitimate children rendered ineligible preferential nonquota status illegitimate alien child citizen mother matter alien mother citizen born wedlock matter attorney general recommended matter brought attention congress matter supra act amended include see supra congress specifically concerned relationship child born wedlock natural mother legislative history amendment reflects intentional choice provide preferential immigration status virtue relationship illegitimate child natural father distinction one many drawn congress pursuant determination provide families relief various immigration restrictions otherwise hinder reunification family country addition distinction issue congress decided children whether legitimate qualify preferential status married years age legitimated children ineligible preferential status unless legitimation occurred prior birthday time legal custody legitimating parent parents adopted children entitled preferential status unless adopted age thereafter lived custody adopting adopted parents least two years stepchildren qualify unless time marriage creating stepchild relationship respect legislative policy distinctions argued line drawn different point statutory definitions deny preferential status parents children share strong family ties cf mathews diaz supra clear cases see part ii supra policy questions entrusted exclusively political branches government judicial authority substitute political judgment congress appellants suggest distinction drawn unconstitutional standard review since infringes upon constitutional rights citizens legal permanent residents without furthering legitimate governmental interests appellants note regard statute makes difficult illegitimate children natural fathers reunited country legitimate legitimated children parents illegitimate children natural mothers appellants also note statute fails establish procedure illegitimate children natural fathers prove existence strength family relationship admittedly consequences congressional decision accord preferential status particular class aliens decision nonetheless remains one solely responsibility congress wholly outside power control harisiades shaughnessy frankfurter concurring congress obviously determined preferential status warranted illegitimate children natural fathers perhaps perceived absence cases close family ties well concern serious problems proof usually lurk paternity determinations see trimble gordon ante event judicial role cases sort probe test justifications legislative decision kleindienst mandel iv hold immigration nationality act unconstitutional virtue exclusion relationship illegitimate child natural father preferences accorded act child parent citizen lawful permanent resident affirmed footnotes effective january relationship longer triggers exemption labor certification requirement immigration nationality act amendments stat amendments contain saving clause however provides amendments shall operate affect entitlement immigrant status order consideration issuance immigrant visa alien entitled preference status section immigration nationality act effect day effective date act basis petition filed attorney general prior effective date appellant ramon martin fiallo citizen birth currently resides dominican republic natural father appellant ramon citizen country father initiated procedures obtain immigrant visa parent illegitimate son consul dominican republic informed appellant qualify preferential status accorded parents unless legitimated ramon fiallo appellant cleophus warner naturalized citizen unwed father appellant serge warner born french west indies cleophus warner petitioned immigration naturalization service classify serge warner child purposes obtaining immigrant visa petition denied ground evidence serge warner legitimate legitimated offspring appellants trevor wilson earl wilson permanent resident aliens illegitimate children appellant arthur wilson citizen jamaica following death mother trevor earl sought obtain immigrant visa father informed appellees although application yet rejected denial certain since children neither legitimate legitimated offspring arthur wilson writing galvan press justice frankfurter noted much said view due process places limitations congressional power immigration area writing clean slate slate clean extent power congress review merely page history whole volume policies pertaining entry aliens right remain peculiarly concerned political conduct government enforcement policies executive branch government must respect procedural safeguards due process formulation policies entrusted exclusively congress become firmly embedded legislative judicial tissues body politic aspect government prepared deem wiser sensitive human rights predecessors especially zealous protecting civil liberties constitution must therefore constitutional system recognize congressional power dealing aliens inclined reconsider line cases today five years ago decided kleindienst mandel appellees argue challenged sections act embodying substantive policy regulating admission aliens appropriate subject judicial review brief appellees cases reflect acceptance limited judicial responsibility constitution even respect power congress regulate admission exclusion aliens occasion consider case whether may actions congress respect aliens essentially political character nonjusticiable thoughtful dissenting opinion brother marshall persuasive basic premise accepted dissent grounded assumption relevant portions act grant fundamental right american citizens right given citizen putative immigrant post assumption facially plausible families putative immigrants certainly interest admission fallacy assumption rooted deeply fundamental principles sovereignty dealing exercise nation sovereign power admit exclude foreigners accordance perceived national interests although countries generous extending privilege immigrate providing sanctuary oppressed limits classifications shall admitted traditional necessary elements legislation area true legislative history provision issue establishes congressional concern directed problem keeping families citizens immigrants see also statute implements underlying intention immigration laws regarding preservation family unit accommodate goal congress accorded special preference status certain aliens share relationships citizens permanent resident aliens widely varying relationships degrees kinship appropriate congress consider nature relationships also problems identification administration potential fraud inevitable process line drawing congress determined certain classes aliens likely others satisfy national objectives without undue cost granted preferential status classes justice frankfurter wrote years ago formulation olicies pertaining entry aliens entrusted exclusively congress galvan press say make clear supra government power area never subject judicial review cases make clear despite impact classifications interests already within borders congressional determinations one subject limited judicial review amendment designed clarify law illegitimate child relation mother enjoy status immigration laws legitimate child emphasis added amendment designed alleviate hardship provide fair humanitarian adjudication immigration cases involving children born wedlock mothers children emphasis added cong rec remarks kennedy amendment clarify law illegitimate child relation mother enjoy status immigration laws legitimate child emphasis added inherent difficulty determining paternity illegitimate child compounded depends upon events may occurred foreign countries many years earlier congress may well given substantial weight adopting classification challenged problems proof potential fraudulent visa applications resulted generous drawing line moreover cases clearly indicate legislative distinctions immigration area need carefully tuned alternative considerations trimble gordon ante quoting mathews lucas domestic area appellants insist statutory distinction based overbroad outdated stereotype concerning relationship unwed fathers illegitimate children existing administrative procedures developed deal problems proving paternity maternity legitimation respect statutorily recognized parents children easily handle problems proof involved determining paternity illegitimate child simply note argument addressed congress rather courts indeed regard worth noting bill introduced congress eliminated challenged distinction sess justice marshall justice brennan joins dissenting today thought clear congress grants benefits citizens others duty insure decision comports fifth amendment principles due process equal protection today however appears hold discrimination among citizens however invidious irrational must tolerated occurs context immigration laws since agree congress license deny fundamental rights citizens according disfavored criteria simply immigration nationality act involved dissent immigration nationality act ina et establishes terms conditions entry among various conditions act requires alien seeking enter legal permanent resident must come within restrictive numerical quota must satisfy certain labor certification requirements ina ed amended immigration nationality act amendments stat hereinafter amendments recognition fact requirements frequently separate families congress provided american citizens may petition requirements waived immediate families spouse parents children ina privilege accorded parents children satisfy statute definitions ina child defined unmarried person years age legitimate legitimated child stepchild adopted child illegitimate child whose behalf privilege sought virtue relationship child biological mother parent defined ina solely basis individual relationship child defined definitions cover virtually relationships except biological child thus american citizens entitled bring alien children without regard either numerical quota labor certification requirement fathers denied privilege respect illegitimate children similarly citizens allowed parents enter without regard labor certification requirement citizen also without regard quota illegitimate children however denied preferences fathers unfortunate consequences omissions graphically illustrated case appellant cleophus warner warner naturalized citizen pursuant petitioned attorney general immigrant visa illegitimate son serge citizen french west indies despite fact warner acknowledged paternity registered serge father shortly birth name serge birth certificate supported maintained serge since birth special dispensation quota labor certification requirements denied serge child statute matters government concedes tr oral arg serge mother abandoned serge father marrying another man apparently rendered impossible french west indies law warner ever legitimating serge warner simply serge parent ii government contends legislation subject judicial review pointing fact aliens constitutional right immigrate long line cases recognize policies pertaining entry aliens right remain peculiarly concerned political conduct government government concludes congressional decision whether extend valuable privilege subject judicial concern brief appellees rightly rejects expansive claim recognizes ur cases reflect acceptance limited judicial responsibility even respect power congress regulate admission exclusion aliens ante points however scrutiny circumscribed congress broad power determine classes aliens may lawfully enter country political judgments warrant deference ante wholeheartedly agree rejection government claim unreviewable discretion indeed observed kleindienst mandel dissenting opinion old immigration cases reflect absolute approach strongest precedents reports pleased see reveal reluctance rely completely ibid also quarrel principle essentially political judgments congress foreigners may enter may deserve deference judiciary disagreement arises application principle case review majority purports require turns completely toothless cf trimble gordon ante observing effects denial preferential status appellants majority concludes ut decision nonetheless remains one solely responsibility congress wholly outside power control ante review reflects due deference abdication assuming arguendo deference might appropriate situations supposition find difficult accept particularly inappropriate case case unlike immigration cases come directly involves rights citizens aliens oncerned problem keeping families citizens immigrants congress extended american citizens right choose reunited immediate families focus citizens need relief hardships occasioned immigration laws right seek relief given citizen alien citizen petition attorney general special immediate relative status parent child alien despite relationship receive preference irrelevant aliens constitutional right immigrate americans constitutional right compel admission families essential fact congress choose extend privileges american citizens denied small class citizens congress draws lines among citizens constitution requires decision comport fifth amendment principles equal protection due process simple fact discrimination set immigration legislation insulate scrutiny invidious abridgment citizens fundamental interests majority responds kleindienst mandel supra recognized first amendment rights citizens implicated refused engage close scrutiny usually required first amendment cases therefore argues exacting standard required case mandel belgian revolutionary marxist visit country attorney general waived statutory prohibition visas liens advocate economic international governmental doctrines world communism attorney general denied waiver suit brought mandel several citizens claimed first amendment right hear mandel person abridged denial rejecting government contention unfettered discretion reason reason denying waiver may given upheld denial finding based legitimate bona fide reason mandel abuses visa privileges prior visit time however chose scrutinize closely accepted reason without weighing claimed first amendment interest feared becoming embroiled dangerous undesirable task considering every time alien denied waiver factors projected number people wishing speak alien probity ideas whatever merits fears mandel cf marshall dissenting present case clearly distinguishable two essential respects first mandel congress focused citizens need relief rather governmental action concerned keeping undesirables impact citizens right hear incidental unavoidable consequence political judgment present case presents qualitatively different situation purpose legislation accord rights aliens citizens congress deliberately chose reasons unrelated foreign policy concerns threats national security deny rights class citizens traditionally subject discrimination second mandel unlike present case appellees conceded ability congress enact legislation broadly prohibiting entry aliens mandel beliefs concern directed instead exercise discretion granted attorney general waive prohibition present case contrast asked engage traditional task reviewing validity general act congress challenged unconstitutional face totally absent therefore specter involving courts countless individual determinations attorney general merits particular alien entrance iii established discrimination among citizens escape traditional constitutional scrutiny simply occurs context immigration legislation result virtually foreordained one hardly imagine vulnerable statute class citizens denied special privilege reunification country defined basis two traditionally disfavored classifications gender legitimacy fathers obtain preferred status illegitimate children mothers conversely every child except illegitimate legitimate legitimated adopted obtain preferred status alien father little tolerance either form discrimination require classifications serve important governmental objectives substantially related achievement objectives califano webster ante califano goldfarb ante craig boren see also weinberger wiesenfeld stanton stanton taylor louisiana frontiero richardson reed reed similarly hostile legislation excluding illegitimates governmental beneficence finding illogical unjust deprive child simply natural father married mother gomez perez see also trimble gordon ante jimenez weinberger beaty weinberger summarily aff new jersey welfare rights org cahill weber aetna casualty surety davis richardson supp summarily aff griffin richardson supp md summarily aff glona american guarantee liability ins levy louisiana cf mathews lucas see labine vincent simply invidious classifications make statute vulnerable constitutional attack addition statute interferes fundamental freedom personal choice matters marriage family life cleveland board education lafleur see also roe wade wisconsin yoder stanley illinois ginsberg new york griswold connecticut goldberg concurring white concurring poe ullman harlan dissenting right live together family belongs child seeks bring father father seeks entrance child less important child cared parent parent male rather female father less mother constitutionally protected right companionship care custody management children sired raised stanley illinois weinberger wiesenfeld supra dispute purpose special preference provisions reunify families separated immigration laws congress declared legislative history immigration nationality act clearly indicates congress intended provisions provide liberal treatment children concerned problem keeping families citizens immigrants also clear congress extended privilege cover relationship alleviate hardships found several cases denying preferential status illegitimate children mothers accord legislative history however gives indication privileges absolutely denied illegitimate children fathers government suggests congress may believed persons unlikely maintained close personal relationship offspring brief appellees congress chosen shorthand closeness obviously overinclusive one dispute legitimate legitimated adoptive relationships child relationships close yet accorded preferential status indeed dramatic illustration overinclusiveness fact warner never deemed parent serge nevertheless marry wife qualify stepparent entitled obtain serge preferential status warner obtain andrade esperdy supp sdny nation esperdy supp sdny similarly man adulterous affair fathers child outside marriage parent child wife may petition stepparent matter stultz statute underinclusive also undisputed brief appellees tr oral arg indeed government dispute view close relationships exhibited appellants cases recognized previous cases see trimble gordon ante weber aetna casualty surety supra stanley illinois supra established numerous studies government suggests congress may decided accept inaccurate classifications statute considered assessment closeness paternity worth administrative costs attempted justification plainly inadequate stanley illinois supra expressed low regard use administrative convenience rationale interfering father right care illegitimate child procedure presumption always cheaper easier individualized determination procedure forecloses determinative issues competence care explicitly disdains present realities deference past formalities needlessly risks running roughshod important interests parent child therefore stand equally intolerant rationale used deny rights illegitimate child sensitive lurking problems respect proof paternity trimble gordon ante quoting gomez perez careful allow made impenetrable barrier works shield otherwise invidious discrimination trimble ante require minimum statute carefully tuned alternative considerations ante quoting mathews lucas exclude illegitimates simply situations involve difficulties proof ibid given hostility argument invidious classifications fundamental rights involved apparent rationale inadequate present case observed earlier since congress gave indication administrative costs concern scrutinize hypothesis closely likelihood rationale diminished considerably comprehensive elaborate administrative procedures already established employed ins passing claims existence relationship petitions handled basis petitioner bearing burden proof moreover ins stranger cases requiring proof paternity example citizen stepmother petitions entrance husband illegitimate child must necessarily prove husband child father indeed ironic warner marries wife petitions serge proof fact one step complex must prove paternity must also prove marriage nevertheless entitled opportunity prove facts fear involvement foreign laws records persuasive explanation omission administering act respect legitimated children example critical issue whether steps undertaken adequate local law render child legitimate ins become expert matters note connection child born country children legitimate proof paternity critical issue proof problems identical involved illegitimate child given existence procedures expertise difficult indeed give much weight hypothesized rationale moreover noted previously allow concerns proof justify impenetrable barrier works shield otherwise invidious discrimination gomez supra facts case conclusively demonstrate congress failed consider possibility middle ground extremes complete exclusion determination paternity trimble ante warner classic example someone readily prove paternity closeness appellees concede tr oral arg fact denied opportunity demonstrates beyond peradventure congress failed carefully tun statute alternative considerations trimble ante quoting mathews lucas failure fatal statute trimble ante iv congress grants fundamental right invidiously selected class citizens abundantly clear discrimination intolerable context immigration duty strike legislation condones invidious discrimination case simply embedded immigration laws must dissent justice white also dissents substantially reasons stated justice marshall dissenting opinion title provide numerical limitations total lawful admissions quarterly yearly limitations exclusive special immigrants defined section title immediate relatives citizens specified subsection section number aliens may issued immigrant visas may otherwise acquire status alien lawfully admitted permanent residence may pursuant section title enter conditionally shall first three quarters fiscal year exceed total ii shall fiscal year exceed total immediate relatives defined immediate relatives referred subsection section shall mean children spouses parents citizen provided case parents citizen must least years age immediate relatives specified subsection otherwise qualified admission immigrants shall admitted without regard numerical limitations chapter emphasis added changes made amendments material case title provides excludable aliens general classes except otherwise provided chapter following classes aliens shall ineligible receive visas shall excluded admission aliens seeking enter purpose performing skilled unskilled labor unless secretary labor determined certified secretary state attorney general sufficient workers able willing qualified available time application visa admission place alien destined perform skilled unskilled labor employment aliens adversely affect wages working conditions workers similarly employed exclusion aliens paragraph shall apply special immigrants defined section title parents spouses children citizens aliens lawfully admitted permanent residence preference immigrant aliens described sections title nonpreference immigrant aliens described section title emphasis added significance amendments section see infra title provides term child means unmarried person years age legitimate child stepchild whether born wedlock provided child reached age eighteen years time marriage creating status stepchild occurred child legitimated law child residence domicile law father residence domicile whether outside legitimation takes place child reaches age eighteen years child legal custody legitimating parent parents time legitimation illegitimate child whose behalf status privilege benefit sought virtue relationship child natural mother child adopted age fourteen years child thereafter legal custody resided adopting parent parents least two years provided natural parent adopted child shall thereafter virtue parentage accorded right privilege status chapter child age fourteen time petition filed behalf accord classification immediate relative section title orphan death disappearance abandonment desertion separation loss parents sole surviving parent incapable providing proper care provided child admitted writing irrevocably released child emigration adoption adopted abroad citizen spouse personally saw observed child prior adoption proceedings coming adoption citizen spouse complied preadoption requirements child proposed residence provided natural parent prior adoptive parent child shall thereafter virtue parentage accorded right privilege status chapter title provides terms parent father mother mean parent father mother relationship exists reason circumstances set forth subdivision subsection instituting suit warner ramon fiallo trevor earl wilson fiallo american citizen wilsons permanent resident aliens sought waiver labor certification requirements respective fathers although amendments removed exemptions labor certification requirement relationship nevertheless cases moot saving clause providing amendments made act shall operate affect entitlement immigrant status order consideration issuance immigrant visa alien entitled preference status section immigration nationality act effect day effective date act basis petition filed attorney general prior effective date amendments since situations recur however focus warner whose plight unfortunately repeated citizen seeking immediate relative status spouse parent child must file form petition attorney general see text accompanying infra description procedure majority even engage modest degree scrutiny required kleindienst mandel see discussion infra failure submit due fact statute even pass standard review see part iii infra ny citizen claiming alien entitled immediate relative status section title may file petition attorney general classification emphasis added title prescribes procedure petition filed investigation consultation approval authorization grant preference status investigation facts case consultation secretary labor respect petitions accord status section title attorney general shall determines facts stated petition true alien behalf petition made immediate relative specified section title eligible preference status section title approve petition forward one copy thereof department state secretary state shall authorize consular officer concerned grant preference status title precludes consular officer granting preferential status immediate relative authorized provided section indeed majority concedes ante true congress granted right citizens aliens position persuasive attempts show premise inaccurate effort however doomed way avoid facts majority agrees congress concerned problem separating citizens families majority ignores specifically gave citizens right seek special dispensation immigration restrictions immediate families see discussion supra noted appellees concede congress enact blanket prohibition entry aliens falling class defined first amendment rights override decision see marshall dissenting absence alert us danger ever present legislation denying rights along gender legitimacy lines likely habit rather analysis actual reflection califano goldfarb ante stevens concurring led congress assume mothers close illegitimate children immigration naturalization service ins seeks add gloss cases requiring addition marriage petitioner father illegitimate indicia close family unit matter harris phrase defined know includes situation father stepmother child lived together time matter excludes case neither father stepmother ever lived cared child matter harris supra matter amado monteiro matter soares matter morris review interpretation rejected added gloss fact marriage sufficient categorize wife stepmother andrade esperdy supp sdny chaskel changing patterns services unmarried parents social casework chaskel unmarried mother different child welfare herzog notes unmarried fathers child welfare april knight conferences pregnant unwed american journal nursing sauber role unmarried father welfare review wessel physician looks services unmarried parents social casework easiest proof birth certificate names father review immigration problems hearings subcommittee immigration citizenship international law house committee judiciary alternatively ins obtains affidavits natural mother people familiar relationship looks school documents may name father considers facts custody support ibid ins also relies local judicial determinations exist require alternative administrative recognition procedures normally available natural father less cumbersome time consuming regarded consular officers equally reliable determinations eliminating fraudulent claims paternal relationship variations many countries legitimation may accomplished marriage natural parents matter blancaflor philippines matter portugal matter surinam matter british guiana matter spain decree matter matter duncan liberia formal recognition matter poland matter jancar yugoslavia matter hungary matter peters virgin islands matter sinclair panama matter kubicka poland matter coker nigeria matter kim korea countries child born wedlock deemed legitimate child parents matter supra cf matter lo people republic china see matter supra matter lo supra since resident aliens also arbitrarily denied privileges basis gender legitimacy hampton mow sun wong sugarman dougall graham richardson clear appellants earl trevor wilson meet terms saving clause amendments also entitled relief see supra