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Article 1, Section 8 of the Constitution: A Private Right of Action for Citizens Seeking Equal Protection under U.S. Immigration Laws

Thousands of citizens in this country are confronted with an odd dilemma—they are unable to get public educational benefi ts that are available to illegal aliens. Ironically enough, this problem began when Congress decided to put American citizens on equal footing with illegal aliens in 1996, with 8 U.S.C. § 1623, which provided that if a state granted post-secondary educational benefits to illegal aliens, the same benefits must be awarded to American citizens...