Stardate 20011108.1758 (On Screen): Bill suggests that in bad economic times, corporations should be legally required to lay off H-1B's before they lay off citizens. There's only one small problem with that plan: it violates Section 1 of the 14th Amendment.
- All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
- No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
- nor shall any State deprive any person of life, liberty, or property, without due process of law;
- nor deny to any person within its jurisdiction the equal protection of the laws.
I quote the entire thing because it's critical to notice that the first two parts use the word "citizen" while the other two use the word "person". This distinction is legally critical and was deliberate; the protections of third and fourth clauses of Section 1 apply to everyone within the US even if they are not citizens. That means that "equal protection" cannot discriminate against non-citizens. (Them's the breaks.) (discussion in progress)
