In the case of Reid et ux. v. Immigration and Naturalization Service, 1974, the U.S Supreme Court was tasked with determining whether a child born abroad to an American parent who had not lived in the United States for at least ten years prior to the child's birth could be considered a U.S citizen. The appellants were two children born in Scotland to an American mother and Scottish father; their mother had only resided in America for one year before their births. They argued that denying them citizenship violated equal protection principles as it discriminated against parents based on gender since fathers needed only prove residency without any time requirement while mothers must have lived there for ten years, five of which after age fourteen. The court ruled against them stating that Congress has broad power over immigration and naturalization matters under Article I Section 8 of Constitution and can establish different requirements based on parental sex if they are substantially related to important governmental objectives such as ensuring sufficient ties between foreign-born children claiming citizenship through descent and US.

In the dissenting opinion for Reid et ux. v. Immigration and Naturalization Service, Justice Douglas argued that the majority's decision was a departure from established precedent regarding deportation proceedings. He contended that these proceedings should be treated as criminal in nature due to their severe consequences on individuals' lives and liberties, thus requiring strict adherence to constitutional protections of due process rights. In this case, he believed that the use of an anonymous letter as evidence against Mr. Reid violated his right to confront witnesses against him under the Sixth Amendment and his right not to be deprived of liberty without due process under the Fifth Amendment. Furthermore, Justice Douglas criticized how immigration laws were being selectively enforced based on race or national origin which he saw as discriminatory practice violating equal protection principles.