Padavan v. U.S., 885

Decision Date17 April 1996
Docket NumberD,No. 885,885
Citation82 F.3d 23
PartiesFrank PADAVAN, Charles D. Cook, Joseph R. Holland, Serphin R. Maltese, John J. Marchi, Michael J. Tully, Jr., Dale M. Volker and Rensselaer County, Nassau County and Suffolk County, on their own behalf and as class representatives of all counties in New York, Plaintiffs-Appellants, v. UNITED STATES of America, Janet Reno, Attorney General of the United States, Doris Meissner, Commissioner of the Immigration and Naturalization Service, Carol Chasse, Director of the INS Eastern Regional Office, John J. Ingham, Director of the INS Buffalo District, Edward J. McElroy, Acting Director of the INS New York District, Donna E. Shalala, Secretary of the United States Department of Health and Human Services and Alice Rivlin, Director of the Office of Management and Budget, Defendants-Appellees. ocket 95-6156.
CourtU.S. Court of Appeals — Second Circuit

Appeal from a judgment entered in the United States District Court for the Northern District of New York (McAvoy, C.J.) granting defendants' motion to dismiss, the district court having found that plaintiffs' complaint seeking financial support from the federal government to compensate New York State and its subdivisions for costs associated with the education, confinement, health, and welfare of legal and illegal aliens failed to state claims for relief under the Naturalization Clause, the Guarantee Clause, the Invasion Clause, the Tenth Amendment, and the Administrative Procedure Act.

David Markey, Counsel, New York State Senate Majority Task Force on Immigration, Albany, NY (Charles J. Assini, Jr., Counsel to State Senator Frank Padavan, Robert A. Smith, County Attorney for the County of Rensselaer, Owen B. Walsh, County Attorney for the County of Nassau, Robert Cimino, County Attorney for the County of Suffolk, of counsel), for Plaintiffs-Appellants.

Mark B. Stern, Appellate Staff Civil Division, Department of Justice, Washington, DC (Thomas J. Maroney, United States Attorney for the Northern District of New York, Frank W. Hunger, Assistant Attorney General, Ellen D. Katz, Appellate Staff Civil Division, Department of Justice, Washington, DC, of counsel), for Defendants-Appellees.

Before: VAN GRAAFEILAND, MINER and CABRANES, Circuit Judges.

MINER, Circuit Judge:

Plaintiffs-appellants New York State Senators Frank Padavan, Charles D. Cook, Joseph R. Holland, Serphin R. Maltese, John J. Marchi, Michael J. Tully, Jr., and Dale M. Volker, along with Rensselaer, Nassau, and Suffolk Counties 1 (together, the "plaintiffs") appeal from a judgment entered in the United States District Court for the Northern District of New York (McAvoy, C.J.) granting the motion of defendants-appellees United States of America et al. (the "federal government") to dismiss the plaintiffs' complaint pursuant to Fed.R.Civ.P. 12(b)(6). The district court found that the plaintiffs' complaint seeking financial support from the federal government to compensate New York State and its subdivisions for costs associated with the education, confinement, health, and welfare of legal and illegal aliens failed to state claims for relief under the Naturalization Clause, the Guarantee Clause, the Invasion Clause, the Tenth Amendment, and the Administrative Procedure Act. We assume, without deciding, that these plaintiffs have the requisite standing to bring this action and, for the reasons that follow, we affirm the judgment of the district court.

BACKGROUND

When reviewing a district court's dismissal of a complaint for failure to state a claim, we accept the facts alleged in the complaint as true. Hartford Fire Ins. Co. v. California, 509 U.S. 764, ----, 113 S. Ct. 2891, 2895, 125 L.Ed.2d 612 (1993); Gant v. Wallingford Bd. of Educ., 69 F.3d 669, 670 (2d Cir.1995). According to the complaint in this case, the federal government has failed to control illegal immigration, and this failure has had serious financial consequences for New York State. The plaintiffs assert that there are over 530,000 illegal aliens residing Based on the foregoing, the plaintiffs plead seven causes of action, claiming that the federal government has violated various statutory and constitutional provisions in carrying out its immigration policy. Plaintiffs allege that the federal government has violated: the Naturalization Clause (Counts I and II); the Guaranty Clause (Counts III and IV); the Invasion Clause (Count V); the Tenth Amendment (Count VI); and the Immigration and Naturalization Act ("INA") (Count VII). As relief, the plaintiffs principally seek monetary support from the federal government to compensate New York State and its subdivisions for the expenditures it has been constrained to make as a result of the federal government's immigration policy.

                in New York and at least 50,000 entering the state every year.   The plaintiffs claim that, in 1993, the cost to New York State and its subdivisions of providing services to legal and illegal immigrants amounted to $5.6 billion
                

At an April 10, 1995 hearing on the federal government's motion to dismiss, the district court found that Counts I through V and Count VII raised nonjusticiable political questions and failed to state claims upon which relief could be granted. As to Count VI, the district court did not decide whether the claim was justiciable, but found that it failed to state a claim upon which relief could be granted. By Order dated April 18, 1995, the district court dismissed the plaintiffs' complaint. This appeal followed.

DISCUSSION

We review de novo a grant of a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Allen v. WestPoint-Pepperell, Inc., 945 F.2d 40, 44 (2d Cir.1991). "[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Hughes v. Rowe, 449 U.S. 5, 10, 101 S.Ct. 173, 176, 66 L.Ed.2d 163 (1980).

1. Naturalization Clause

In the first two counts of their complaint, the plaintiffs allege two causes of action predicated on the Naturalization Clause. The Naturalization Clause, in relevant part, states that "Congress shall have Power ... To establish an uniform Rule of Naturalization." U.S. Const. art. I, § 8. In Count I, the plaintiffs claim that, because the Naturalization Clause grants the federal government exclusive power over immigration, the Naturalization Clause requires the federal government to reimburse New York State for any costs that it has incurred as a consequence of the federal government's immigration policy. In Count II, the plaintiffs contend that, because the federal government has failed to control illegal immigration and has failed to reimburse New York State for any expenses the state has paid as a result of its failed immigration policy, the federal government has violated the Naturalization Clause.

a. Count I

It is unchallenged that the federal government has plenary power over immigration. The Supreme Court has stated that "[t]he authority to control immigration ... is vested solely in the Federal government," Truax v. Raich, 239 U.S. 33, 42, 36 S.Ct. 7, 11, 60 L.Ed. 131 (1915), and that the formulation of "[p]olicies pertaining to the entry of aliens and their right to remain here ... is entrusted exclusively to Congress," Galvan v. Press, 347 U.S. 522, 531, 74 S.Ct. 737, 743, 98 L.Ed. 911 (1954). From these well-established principles, the plaintiffs draw the novel conclusion that the federal government is obligated to reimburse New York State for expenditures that it has made on legal and illegal aliens. We think that this contention is without merit.

First, there is no constitutional or statutory support for the plaintiffs' contention. Moreover, the plaintiffs cannot point to any caselaw to support their proposition. Indeed, constitutional principles enunciated by the Supreme Court support a different conclusion. As far back as McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 4 L.Ed. 579 (1819), the Supreme Court has held that the federal government may exercise its plenary powers even though the effects of such exercises of power may be onerous to the states. See id. at 427 ("It is of the very essence of The plaintiffs' only argument--outside of their broad assertion that the federal government's plenary power over immigration requires it to reimburse New York State--is that the immigration power is unique among federal powers and that this, coupled with various federal statutory and constitutional mandates requiring expenditures for or on behalf of aliens by New York State, gives rise to a duty by the federal government to reimburse New York State. Although the immigration power may be unique, there is no statutory or constitutional provision for reimbursement, nor is there any caselaw authority that supports it. Accordingly, Count I was properly dismissed by the district court.

                supremacy, to remove all obstacles to its action within its own sphere, and so to modify every power vested in subordinate governments, as to exempt its own operations from their own influence.").   Such principles continue to apply.   See Garcia v. San Antonio Metro.  Transit Auth., 469 U.S. 528, 549, 105 S.Ct. 1005, 1016-17, 83 L.Ed.2d 1016 (1985) ("Interference with the power of the States was no constitutional criterion of the power of Congress.   If the power was ... given, [Congress] might exercise it, although it [may] interfere with the laws, or even the Constitution of the States."  (citation omitted))
                
b. Count II

In Count II, the plaintiffs contend that, because the federal government has plenary power over immigration and because it has failed to control immigration, the federal government has violated the Naturalization Clause by not reimbursing New York State for expenditures that it has had to make as a result of the federal government's failed immigration policy. We think that...

To continue reading

Request your trial
91 cases
  • Labarbera v. NYU Winthrop Hosp.
    • United States
    • U.S. District Court — Eastern District of New York
    • 16 Marzo 2021
  • Schulz v. New York State Executive, Pataki
    • United States
    • U.S. District Court — Northern District of New York
    • 14 Abril 1997
    ... ... power to this court, we possess it, not otherwise: and if congress has not given the power to us, or to any other court, it still remains at the legislative disposal. Besides, congress is not ... In Padavan v. U.S., 82 F.3d 23 (2d Cir.1996) the Second Circuit noted that "[w]hile it is possible that ... ...
  • Atty Gen of Canada v. Rj Reynolds Tobacco Holdings
    • United States
    • U.S. District Court — Northern District of New York
    • 30 Junio 2000
    ... ... Reynolds Tobacco Company ("RJR-US") (a New Jersey corporation with its principal place of business in North Carolina), were the ...         82 S.Ct. at 710; see also Padavan v. United States, 82 F.3d 23, 27 (2d Cir.1996). Upon review of these factors, the Court finds the ...         Relying on Hawaii v. Standard Oil Co. of California, 405 U.S. 251, 92 S.Ct. 885, 31 L.Ed.2d 184 (1972) and Reiter, 99 S.Ct. 2326, two cases involving the Clayton Act, the Second ... ...
  • Costabile v. County of Westchester, New York
    • United States
    • U.S. District Court — Southern District of New York
    • 25 Abril 2007
    ... ... can prove no set of facts in support of his claim which would entitle him to relief." Padavan v. United States, 82 F.3d 23, 26 (2d Cir.1996) (quoting Hughes v. Rowe, 449 U.S. 5, 10, 101 ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT