Disparate impact national origin discrimination unlawful?

[Daniel Hoffman]

If we follow the Carolene Products logic, residents of Afghan--or, for
that matter, British--origin might, in a given context, be a "discrete
and insular minority."  Noncitizens, of course, cannot vote.  So
discrimination on this ground does seem suspect.  Suppose we leave
exclusion policies aside for the moment.  Even granting that many
measures against "enemy aliens" would pass strict scrutiny, who exactly
is the current enemy?

Daniel Hoffman
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