Dehumanization, Immigrants, and Equal Protection

This article is divided into three parts. Part I explores the concept of dehumanization and its central role in the subordination of marginalized groups. Part II discusses the equal protection doctrine of suspect classes by analyzing key decisions by the Court and its reasoning for whether or not to consider a particular group as a suspect class. Part II also argues that the decision in Brown v. Board of Education regards racial segregation in public schools as a form of racial dehumanization and provides the doctrinal basis to consider dehumanization a central factor in determining suspect class status. Part III contends that the experience immigrants have with pervasive dehumanization, in both the past and the present, strongly justifies their designation as a suspect class. Moreover, it argues if dehumanization is indeed a central concern of the suspect class doctrine, then undocumented immigrants should be afforded suspect status.