Immigrants and the Civil Rights Regime: Parens Patriae Standing, Foreign Governments and Protection from Private Discrimination

Abstract

Easily identified by race and certain shared social characteristics, today's immigrants are particularly susceptible to private discrimination. While immigrants are protected by a series of federal antidiscrimination statutes, enforcement of these statutes is complicated by the existence of various social obstacles and by the fact that state and federal officials often lack the political motivation to protect the rights of immigrants. Given this backdrop, foreign governments should be given a role in the enforcement of antidiscrimination statutes through the use of parens patriae standing, a common law doctrine that allows a state to protect quasi-sovereign interests in the well being of its populace. A recent First Circuit decision, however, has declared that parens patriae standing can only be granted to domestic states. The basic tenets and common law development of the doctrine demonstrates that this decision is unnecessarily broad. Parens patriae standing of foreign governments in U.S. courts is consistent with precedent and, more importantly, can serve as an effective tool in furthering the principles of private equal protection in a population that is especially vulnerable to abuse.