Lopez

MEMORANDUM OF DECISION

This is an action challenging the constitutionality of Section 311(a) of the Consolidated Farmers Home Administration Act of 1961 [ 7 U.S.C. § 1941 (a)], which specifically limits the class of persons eligible for farm operating loans under the Act to United States citizens.

The action is presently before the court on the defendants’ motion for summary judgment upon an agreed statement of facts.

Plaintiff contends that this citizenship requirement denies him due process under the Fifth Amendment — both in its procedural and substantive equal protection aspects.

The agreed facts are to the effect that in May 1973, plaintiff Lopez, who is not a United States citizen but has been a United States resident for the last thirty-six years and a permanent resident alien for the last twenty years, applied for a farm operating loan under the Act for the purpose of financing the operation of a thirteen acre leased farm. The loan application was denied upon the ground that the plaintiff was not a United States citizen.

The validity of the Congressional determination to limit eligibility for farm operating loans under the Act to United States citizens must be…