toll
moreno
argued
march
decided
june
held
university
maryland
policy
categorically
denying
domiciled
nonimmigrant
aliens
hold
visas
visas
issued
nonimmigrant
aliens
officers
employees
certain
international
organizations
members
immediate
families
status
preferential
treatment
given
domiciled
citizen
immigrant
alien
students
purposes
tuition
fees
invalid
supremacy
clause
pp
tate
regulation
congressionally
sanctioned
discriminates
aliens
lawfully
admitted
country
impermissible
imposes
additional
burdens
contemplated
congress
de
canas
bica
light
congress
explicit
decision
immigration
nationality
act
bar
aliens
acquiring
domicile
state
decision
deny
status
aliens
solely
account
aliens
immigration
status
amounts
ancillary
burden
contemplated
congress
admitting
aliens
moreover
imposing
domiciled
aliens
higher
tuition
fees
imposed
domiciliaries
state
university
policy
frustrates
federal
policies
embodied
special
tax
exemptions
afforded
aliens
various
treaties
international
agreements
federal
statutes
pp
eleventh
amendment
preclude
district
ordering
university
pay
refunds
various
alien
class
members
obtained
status
stay
pending
appeal
original
order
granting
partial
summary
judgment
favor
named
plaintiffs
university
seeking
stay
represented
order
affirmed
appeal
make
appropriate
refunds
contrary
petitioners
contention
order
vacated
vacated
appeals
judgment
affirming
district
remanded
case
district
reconsideration
pp
brennan
delivered
opinion
white
marshall
blackmun
powell
stevens
joined
blackmun
filed
concurring
opinion
post
filed
opinion
concurring
part
dissenting
part
post
rehnquist
filed
dissenting
opinion
burger
joined
post
robert
zarnoch
assistant
attorney
general
maryland
argued
cause
petitioners
briefs
stephen
sachs
attorney
general
james
bieke
argued
cause
respondents
brief
john
townsend
rich
briefs
amici
curiae
urging
reversal
filed
state
alabama
et
al
attorneys
general
respective
follows
charles
graddick
alabama
wilson
condon
alaska
robert
corbin
arizona
john
steven
clark
arkansas
george
deukmejian
california
macfarlane
colorado
carl
ajello
connecticut
richard
gebelein
delaware
jim
smith
florida
arthur
bolton
georgia
tany
hong
hawaii
david
leroy
idaho
tyrone
fahner
illinois
linley
pearson
indiana
thomas
miller
iowa
robert
stephan
kansas
steven
beshear
kentucky
william
guste
louisiana
james
tierney
maine
francis
bellotti
massachusetts
frank
kelley
michigan
warren
spannaus
minnesota
william
allain
mississippi
john
ashcroft
missouri
michael
greely
montana
paul
douglas
nebraska
richard
bryan
nevada
gregory
smith
new
hampshire
james
zazzali
new
jersey
jeff
bingaman
new
mexico
robert
abrams
new
york
rufus
edmisten
north
carolina
robert
wefald
north
dakota
william
brown
ohio
jan
eric
cartwright
oklahoma
dave
frohnmayer
oregon
leroy
zimmerman
pennsylvania
dennis
roberts
ii
rhode
island
daniel
mcleod
south
carolina
mark
meierhenry
south
dakota
william
leech
tennessee
mark
white
texas
david
wilkinson
utah
john
easton
vermont
marshall
coleman
virginia
kenneth
eikenberry
washington
chauncey
browning
west
virginia
bronson
la
follette
wisconsin
steven
freudenthal
wyoming
american
council
education
et
al
sheldon
elliot
steinbach
bruce
ennis
donald
bersoff
paul
friedman
filed
brief
international
bank
reconstruction
development
et
al
amici
curiae
urging
affirmance
justice
brennan
delivered
opinion
university
maryland
grants
preferential
treatment
purposes
tuition
fees
students
status
although
citizens
immigrant
aliens
may
obtain
status
upon
showing
domicile
within
state
nonimmigrant
aliens
even
domiciled
eligible
status
question
case
whether
university
policy
invalid
supremacy
clause
constitution
insofar
policy
categorically
denies
status
domiciled
nonimmigrant
aliens
hold
visas
factual
procedural
background
case
prompted
two
prior
decisions
requires
elaboration
focus
controversy
policy
adopted
university
governing
eligibility
students
status
respect
admission
fees
policy
provides
relevant
part
policy
university
maryland
grant
status
admission
tuition
purposes
citizens
immigrant
aliens
lawfully
admitted
permanent
residence
accordance
laws
following
cases
student
financially
dependent
upon
parent
parents
spouse
domiciled
maryland
least
six
consecutive
months
prior
last
day
available
registration
forthcoming
semester
student
financially
independent
least
preceding
twelve
months
provided
student
maintained
domicile
maryland
least
six
consecutive
months
immediately
prior
last
day
available
registration
forthcoming
semester
app
pet
cert
district
granted
partial
summary
judgment
favor
three
named
plaintiffs
class
visaholders
represented
view
district
university
denial
status
plaintiffs
rested
upon
irrebuttable
presumption
alien
establish
maryland
domicile
concluding
presumption
universally
true
matter
either
federal
maryland
law
district
held
vlandis
kline
policy
violated
due
process
clause
fourteenth
amendment
moreno
university
maryland
supp
md
accordingly
order
dated
july
district
enjoined
president
university
denying
respondents
opportunity
establish
status
solely
basis
irrebuttable
presumption
stayed
order
pending
appeal
reliance
university
representation
make
appropriate
refunds
event
order
july
finally
affirmed
appeal
app
pet
cert
appeals
fourth
circuit
affirmed
adopting
reasoning
district
affirmance
order
reported
reviewed
case
writ
certiorari
elkins
moreno
held
ecause
petitioner
makes
domicile
paramount
policy
consideration
respondents
contention
domiciled
maryland
conclusively
presumed
unable
case
squarely
within
vlandis
limited
weinberger
salfi
therefore
necessary
decide
whether
presumption
universally
true
respect
federal
law
concluded
visaholders
adopt
domicile
thus
left
potentially
dispositive
question
whether
aliens
matter
state
law
incapable
becoming
domiciliaries
maryland
certified
question
maryland
appeals
state
answered
certified
question
negative
advising
us
nothing
general
maryland
law
domicile
renders
visa
holders
dependents
incapable
becoming
domiciled
state
toll
moreno
md
certification
state
response
university
adopted
clarifying
resolution
concerning
policy
terms
resolution
offer
new
definition
students
rather
purported
reaffirm
existing
policy
resolution
indicated
however
university
policy
insofar
denies
status
nonimmigrant
aliens
serves
number
substantial
purposes
interests
whether
conforms
generally
otherwise
applicable
definition
domicile
maryland
common
law
app
pet
cert
interests
assertedly
served
policy
described
following
terms
limiting
university
expenditures
granting
higher
subsidy
toward
expenses
providing
educational
services
class
persons
class
likely
close
affinity
state
contribute
economic
achieving
equalization
affected
classes
expenses
providing
educational
services
efficiently
administering
university
determination
appeals
process
preventing
disparate
treatment
among
categories
nonimmigrants
respect
admissions
tuition
remand
district
determined
clarifying
resolution
constituted
change
university
position
resolution
university
primary
concern
fact
domicile
resolution
domicile
longer
paramount
consideration
university
policy
supp
md
thus
respect
period
preceding
issuance
resolution
district
reaffirmed
earlier
determination
insofar
policy
precluded
aliens
dependents
acquiring
status
denied
due
process
vlandis
respect
period
following
promulgation
resolution
however
held
vlandis
control
university
abandoned
position
aliens
establish
domicile
maryland
nevertheless
district
concluded
revised
policy
constitutionally
invalid
basing
conclusion
two
alternative
grounds
first
held
policy
ran
afoul
equal
protection
clause
fourteenth
amendment
according
challenged
portion
university
policy
contained
classification
based
alienage
requiring
strict
scrutiny
analysis
policy
survive
since
policy
compelling
interest
supp
md
alternatively
held
policy
violated
supremacy
clause
encroaching
upon
congress
prerogatives
respect
regulation
immigration
appeals
affirmed
reasons
sufficiently
stated
district
moreno
university
maryland
per
curiam
granted
certiorari
reasons
follow
hold
university
maryland
policy
applied
aliens
dependents
violates
supremacy
clause
constitution
ground
affirm
judgment
appeals
therefore
occasion
consider
whether
policy
violates
due
process
equal
protection
clauses
ii
cases
long
recognized
preeminent
role
federal
government
respect
regulation
aliens
within
borders
see
mathews
diaz
graham
richardson
takahashi
fish
game
hines
davidowitz
truax
raich
federal
authority
regulate
status
aliens
derives
various
sources
including
federal
government
power
establish
uniform
rule
naturalization
art
cl
power
regulate
commerce
foreign
nations
cl
broad
authority
foreign
affairs
see
export
mathews
diaz
supra
harisiades
shaughnessy
surprisingly
therefore
cases
also
pains
note
substantial
limitations
upon
authority
making
classifications
based
upon
alienage
takahashi
fish
game
supra
considered
california
statute
precluded
aliens
ineligible
citizenship
federal
law
obtaining
commercial
fishing
licenses
even
though
met
state
requirements
lawful
inhabitants
state
seeking
defend
statute
state
argued
simply
followed
federal
government
lead
classifying
certain
persons
ineligible
citizenship
rejected
argument
stressing
delicate
nature
relationship
regulating
aliens
federal
government
broad
constitutional
powers
determining
aliens
shall
admitted
period
may
remain
regulation
conduct
naturalization
terms
conditions
naturalization
constitution
granted
powers
neither
add
take
conditions
lawfully
imposed
congress
upon
admission
naturalization
residence
aliens
several
state
laws
impose
discriminatory
burdens
upon
entrance
residence
aliens
lawfully
within
conflict
constitutionally
derived
federal
power
regulate
immigration
accordingly
held
invalid
emphasis
added
citation
omitted
read
together
takahashi
graham
stand
broad
principle
state
regulation
congressionally
sanctioned
discriminates
aliens
lawfully
admitted
country
impermissible
imposes
additional
burdens
contemplated
congress
de
canas
bica
sure
congress
done
nothing
permit
class
aliens
enter
country
temporarily
proper
application
principle
likely
matter
dispute
instant
case
present
situation
little
doubt
regarding
invalidity
challenged
portion
university
policy
immigration
nationality
act
stat
amended
et
seq
ed
supp
iv
represents
comprehensive
complete
code
covering
aspects
admission
aliens
country
whether
business
pleasure
immigrants
seeking
become
permanent
residents
elkins
moreno
act
recognizes
two
basic
classes
aliens
immigrant
nonimmigrant
respect
nonimmigrant
class
act
establishes
various
categories
category
among
many
nonimmigrant
categories
congress
precluded
covered
alien
establishing
domicile
significantly
congress
allowed
aliens
employees
various
international
organizations
immediate
families
enter
country
terms
permitting
establishment
domicile
light
congress
explicit
decision
bar
aliens
acquiring
domicile
state
decision
deny
status
aliens
solely
account
alien
federal
immigration
status
surely
amounts
ancillary
burden
contemplated
congress
admitting
aliens
need
rely
however
simply
congress
decision
permit
alien
establish
domicile
country
federal
government
also
taken
additional
affirmative
step
conferring
special
tax
privileges
aliens
result
array
treaties
international
agreements
federal
statutes
visaholders
employed
international
organizations
described
iv
relieved
federal
many
instances
state
local
taxes
salaries
paid
organizations
example
international
agreements
governing
international
banks
parents
named
respondents
employed
specifically
exempt
parents
taxes
organizational
salaries
see
articles
agreement
international
bank
reconstruction
development
art
vii
stat
tax
shall
levied
respect
salaries
emoluments
paid
bank
executive
directors
alternates
officials
employees
bank
local
citizens
local
subjects
local
nationals
agreement
establishing
development
bank
art
xi
tax
shall
levied
respect
salaries
emoluments
paid
bank
employees
bank
local
citizens
local
nationals
specific
tax
exemptions
contained
international
agreements
incorporated
federal
statute
see
also
international
organizations
immunities
act
explicitly
afforded
federal
tax
exemption
visaholders
employed
international
organizations
treaty
international
agreement
provided
tax
exemption
foreign
employees
stat
reenacted
stat
internal
revenue
code
wages
fees
salary
employee
except
citizens
republic
philippines
international
organization
received
compensation
official
services
international
organization
shall
included
gross
income
shall
exempt
federal
taxation
affording
visaholders
tax
exemption
federal
government
undoubtedly
sought
benefit
employing
international
organizations
enabling
pay
salaries
encumbered
full
panoply
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thereby
lowering
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op
atty
tax
benefits
serve
inducement
organizations
locate
significant
operations
see
imposing
aliens
domiciled
maryland
higher
tuition
fees
imposed
domiciliaries
state
university
policy
frustrates
federal
policies
petitioners
argument
buttresses
conclusion
one
grounds
petitioners
sought
justify
discriminatory
burden
imposed
named
respondents
salaries
parents
receive
international
banks
work
exempt
maryland
income
tax
indeed
petitioners
suggest
dollar
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stake
amount
roughly
equivalent
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state
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bank
parent
spared
treaty
year
brief
petitioners
omitted
extent
indeed
justification
university
policy
respect
named
respondents
impermissible
one
state
may
recoup
indirectly
respondents
parents
taxes
federal
government
expressly
barred
state
collecting
sum
federal
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merely
admitted
aliens
country
also
permitted
establish
domicile
afforded
significant
tax
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organizational
salaries
circumstances
conclude
congress
ever
contemplated
state
operation
university
might
impose
discriminatory
tuition
charges
fees
solely
account
federal
immigration
classification
therefore
conclude
insofar
bars
domiciled
aliens
dependents
acquiring
status
university
policy
violates
supremacy
clause
iii
finally
must
address
petitioners
contention
eleventh
amendment
precluded
district
ordering
university
pay
refunds
various
class
members
obtained
status
stay
district
original
order
july
petitioners
concede
seeking
stay
order
university
made
representation
district
event
order
finally
affirmed
appeal
make
appropriate
refunds
representation
incorporated
stay
orders
district
appeals
petitioners
contention
however
order
effectively
vacated
toll
moreno
vacated
judgment
appeals
remanded
case
district
reconsideration
petitioners
therefore
conclude
terms
university
waiver
sovereign
immunity
longer
satisfied
petitioners
argument
persuasive
interpret
toll
vacated
judgment
district
toll
recognized
university
altered
position
promulgation
clarifying
resolution
raising
new
issues
constitutional
law
addressed
first
instance
district
declined
however
decide
whether
district
issuing
order
improperly
relied
due
process
grounds
whether
continuation
order
justified
equal
protection
grounds
thus
vacated
judgment
appeals
left
judgment
district
undisturbed
contrary
petitioners
suggestion
vacatur
district
judgment
necessary
give
district
jurisdiction
reconsider
case
see
goldberg
campbell
may
affirm
modify
vacate
set
aside
reverse
judgment
may
require
proceedings
may
circumstances
iv
foregoing
reasons
judgment
appeals
affirmed
footnotes
fourth
individual
rene
otero
respondent
made
named
plaintiff
supplemental
complaint
filed
certified
class
visaholders
dependents
residing
maryland
current
students
university
maryland
chose
apply
university
maryland
challenged
policies
interested
attending
given
opportunity
establish
status
currently
students
senior
high
schools
maryland
moreno
university
maryland
supp
md
citing
monroe
pape
district
dismissed
claim
university
plaintiffs
appeal
dismissal
district
order
university
grant
named
plaintiffs
status
rather
merely
barred
university
denying
members
class
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demonstrate
entitled
status
purposes
tuition
charge
differential
determinations
appeals
stayed
mandate
terms
district
originally
granted
stay
app
pet
cert
salfi
limited
vlandis
situations
state
purport
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domicile
time
den
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seeking
meet
test
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show
factors
clearly
bearing
issue
elkins
moreno
quoting
weinberger
salfi
noted
categories
nonimmigrant
aliens
congress
expressly
conditioned
admission
intent
abandon
foreign
residence
implication
intent
seek
domicile
see
respect
nonimmigrant
aliens
however
concluded
congress
deliberately
declined
impose
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intent
thereby
permitting
adopt
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question
phrased
follows
persons
residing
maryland
hold
named
visa
iv
ed
financially
dependent
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person
holding
named
visa
incapable
matter
state
law
becoming
domiciliaries
maryland
omitted
entitled
resolution
clarifying
purposes
meaning
application
policy
university
maryland
determination
status
admission
tuition
purposes
insofar
denies
status
nonimmigrant
aliens
app
pet
cert
reaffirmation
policy
regardless
whether
policy
approved
board
regents
september
conforms
generally
otherwise
applicable
definition
domicile
maryland
common
law
board
regents
reaffirms
policy
noted
decision
elkins
rests
premise
university
apparently
interest
continuing
deny
status
aliens
class
become
maryland
domiciliaries
since
indicated
district
redraft
policy
accommodate
aliens
maryland
courts
hold
aliens
acquire
domicile
clarifying
resolution
premise
longer
appears
true
district
holding
rested
part
equal
protection
analysis
according
standard
utilized
uphold
state
regulation
dealing
benefits
accorded
aliens
essentially
strict
scrutiny
analysis
equal
protection
constitution
laws
shall
made
pursuance
thereof
treaties
made
shall
made
authority
shall
law
land
judges
every
state
shall
bound
thereby
thing
constitution
laws
state
contrary
notwithstanding
art
vi
cl
time
takahashi
decided
federal
law
permitted
japanese
certain
racial
groups
enter
reside
country
made
ineligible
citizenship
omitted
justice
rehnquist
dissent
suggests
italicized
language
interpreted
literally
post
rather
suggests
language
understood
explaining
three
prior
cases
takahashi
cited
immediately
italicized
language
citing
truax
raich
chy
lung
freeman
hines
davidowitz
according
justice
rehnquist
cases
found
either
clear
encroachment
exclusive
federal
power
admit
aliens
country
clear
conflict
specific
congressional
purpose
post
justice
rehnquist
thus
concludes
language
takahashi
mean
says
instead
means
absent
clear
encroachment
exclusive
federal
power
clear
conflict
federal
statute
free
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policy
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agreements
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question
university
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supp
md
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tuition
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individual
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members
recently
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kinds
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board
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persons
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norwick
areas
state
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need
clear
high
hurdle
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connelie
citation
omitted
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omitted
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strength
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great
seeks
exclude
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political
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follows
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university
maryland
grant
status
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cases
student
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university
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policy
university
maryland
attribute
status
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tuition
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cases
app
pet
cert
example
nyquist
stated
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real
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military
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app
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respondents
citing
nyquist
mauclet
argue
strict
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nyquist
state
argued
law
limiting
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higher
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intention
seek
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nyquist
similarly
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note
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taxes
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local
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enter
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funds
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thus
support
operation
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violate
equal
protection
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merely
classifications
made
laws
imperfect
dandridge
williams
respondents
exemption
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tax
sufficiently
distinguishes
citizens
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pay
taxes
therefore
contribute
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portion
incomes
support
university
state
decision
require
higher
tuition
payments
certainly
rational