TOLL V. MORENO, 458 U. S. 1 (1982)

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U.S. Supreme Court

Toll v. Moreno, 458 U.S. 1 (1982)

Toll v. Moreno

No. 80-2178

Argued March 2, 1982

Decided June 28, 1982

458 U.S. 1


Held: The University of Maryland's policy of categorically denying domiciled nonimmigrant aliens who hold G-4 visas (visas issued to nonimmigrant aliens who are officers or employees of certain international organizations and to members of their immediate families) in-state status under which preferential treatment is given to domiciled citizen and immigrant alien students for purposes of tuition and fees is invalid under the Supremacy Clause. Pp. 458 U. S. 10-19.

(a) "[S]tate regulation not congressionally sanctioned that discriminates against aliens lawfully admitted to the country is impermissible if it imposes additional burdens not contemplated by Congress." De Canas v. Bica, 424 U. S. 351, 424 U. S. 358, n. 6. Here, in light of Congress' explicit decision in the Immigration and Nationality Act of 1952 not to bar G-4 aliens from acquiring domicile in the United States, the State's decision to deny "in-state" status to G-4 aliens, solely on account of such aliens' immigration status, amounts to an ancillary "burden not contemplated by Congress" in admitting these aliens to the United States. Moreover, by imposing on domiciled G-4 aliens higher tuition and fees than are imposed on other domiciliaries of the State, the University's policy frustrates the federal policies embodied in the special tax exemptions afforded G-4 aliens by various treaties, international agreements, and federal statutes. Pp. 458 U. S. 10-17.

Page 458 U. S. 2

(b) The Eleventh Amendment did not preclude the District Court from ordering the University to pay refunds to various G-4 alien class members who would have obtained in-state status but for the stay, pending appeal, of that court's original order granting partial summary judgment in favor of the named plaintiffs, where the University, in seeking the stay, represented that, if the order was affirmed on appeal, it would make appropriate refunds. Contrary to petitioners' contention, the order was not vacated when this Court vacated the Court of Appeals' judgment affirming the District Court and remanded the case to the District Court for reconsideration. Pp. 458 U. S. 17-19.

645 F.2d 217, affirmed.

BRENNAN, J., delivered the opinion of the Court, in which WHITE, MARSHALL, BLACKMUN, POWELL, and STEVENS, JJ., joined. BLACKMUN, J., filed a concurring opinion, post, 458 U. S. 19. O'CONNOR, J., filed an opinion concurring in part and dissenting in part, post, 458 U. S. 24. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C.J.,joined, post, 458 U. S. 25.

Page 458 U. S. 3

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