Also known as: durational residence requirement · durational residency requirements · durational residency requirement · residency requirements · durational requirements
Written by attorneys · grounded in primary & secondary sources — see below
A waiting period that conditions eligibility for benefits or privileges on a minimum length of residency within the jurisdiction. Such requirements trigger strict scrutiny when they penalize the exercise of the fundamental right to travel by deterring interstate migration of indigent persons or discriminating against nonresidents in pursuit of a common calling.
Doris Duffy moves from one state to another after losing her job and applies for cash assistance to cover rent and food. The state denies her application because she has lived there only four months, short of the one-year durational requirement. The denial rests on the state's desire to protect its treasury from new arrivals who might need aid.
Demetrius Douglas graduates from an out-of-state law school and seeks admission to the state bar after passing the exam. The state refuses his application solely because he has not resided there for the required period. Officials cite concerns that nonresidents will not stay current on local rules or perform pro bono work.
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Deanna Davenport holds a valid license in her home state and applies for reciprocal admission in a neighboring state. The state rejects her petition because she lacks the mandated residency period. The rule aims to ensure applicants demonstrate commitment to the local legal community.
Deborah Dunn relocates with her children to a new state and immediately applies for monthly welfare benefits to support her family. The state withholds payments until she completes a one-year residency period. Officials justify the rule as a means to confirm applicants intend to remain and contribute to the tax base.
Denise Donovan moves to a new state with her spouse and seeks a divorce after marital difficulties arise. The state court dismisses her petition because she has not resided there for the required one year. The rule is defended as ensuring genuine attachment to the forum before granting a divorce decree.
Dylan Duffy, born abroad to a U.S. citizen parent, applies for citizenship transmission under federal law. The government denies the claim because the parent did not satisfy a durational physical presence requirement before the child's birth. Officials cite the need to confirm a substantial connection to the United States.
They violate the clause when they penalize the fundamental right to travel by deterring indigent persons from migrating or by discriminating against nonresidents without substantial justification. Fiscal concerns alone do not supply a permissible objective.
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Yes. Residency rules that exclude nonresidents from practicing law without substantial justification violate the Privileges and Immunities Clause because the practice of law is a protected common calling.
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No. Protecting the treasury by discouraging entry of those who might need benefits is not a constitutionally permissible objective, even when budget shortfalls are genuine.
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A one-year residency rule for divorce may survive rational-basis review when the state shows a legitimate interest in ensuring attachment to the forum, though dissenting views argue it still creates an irrational classification.
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…has, in the past 30 years, essentially conflated the right to travel with the right to equal state citizenship in striking down durational residence requirements similar to the one challenged here. See, e. g. , Shapiro v. Thompson , 394 U. S. 618 (1969) (striking down 1-year residence before receiving any welfare benefit); Dunn v. Blumstein , 405…