Graham v. Department of Pub. Welfare
403 U.S. 365 (1971)

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U.S. Supreme Court

Graham v. Department of Pub. Welfare, 403 U.S. 365 (1971)

Graham v. Department of Pub. Welfare

No. 609

Argued March 22, 1971

Decided June 14, 1971*

403 U.S. 365


State statutes, like the Arizona and Pennsylvania statutes here involved, that deny welfare benefits to resident aliens or to aliens who have not resided in the United States for a specified number of years are violative of the Equal Protection Clause and encroach upon the exclusive federal power over the entrance and residence of aliens; and there is no authorization for Arizona's 15-year durational residency requirement in § 1402(b) of the Social Security Act. Pp. 403 U. S. 370-383.

313 F.Supp. 34 and 321 F.Supp. 250, affirmed.

BLACKMUN, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACK, DOUGLAS, BRENNAN, STEWART, WHITE, and MARSHALL, JJ., joined. HARLAN, J., filed a statement joining in the judgment and in Parts III and IV of the Court's opinion, post, p. 403 U. S. 383.

Page 403 U. S. 366

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