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Harisiades v. Shaughnessy
Citations: 96 L. Ed. 2d 586; 72 S. Ct. 512; 342 U.S. 580; 1952 U.S. LEXIS 2345Docket: NO. 43
Court: Supreme Court of the United States; October 15, 1951; Federal Supreme Court; Federal Appellate Court
The central issue in these cases is the constitutionality of deporting a legally resident alien for membership in the Communist Party, with membership having ended prior to the Alien Registration Act of 1940. Harisiades, a Greek national who arrived in the U.S. in 1916, joined the Communist Party in 1925 and held various leadership roles until his membership was terminated in 1939. Despite his disavowal of violent methods, he was deported in 1946 based on past membership in an organization advocating government overthrow by force. His habeas corpus petition was denied by the District Court and affirmed by the Court of Appeals. Mascitti, an Italian citizen who immigrated in 1920, was a member of various communist factions from 1923 to 1929. He acknowledged the party's advocacy for a proletarian dictatorship through violence but claimed a lack of personal belief in such methods. He was also deported in 1946 on similar grounds after his membership ended in 1929. His attempt for relief via a declaratory judgment was denied by a District Court. Mrs. Coleman, a Russian native admitted in 1914, had brief memberships in the Communist Party between 1919 and 1938, citing personal reasons for her involvement and lack of significant engagement. She was ordered deported for her association with an organization promoting government overthrow through violence, and her constitutional challenge was similarly denied by a District Court. All cases have reached the Supreme Court on appeal. The hearing procedures' validity is challenged based on noncompliance with the Administrative Procedure Act, which is deemed inapplicable. The deportations are asserted to be authorized by statute, but objections are made on three grounds: 1) violation of the Fifth Amendment by depriving aliens of liberty without due process; 2) infringement of First Amendment rights related to speech and assembly; and 3) classification as an ex post facto law prohibited by the Constitution. The court affirmed findings that the Communist Party, during the aliens' membership, promoted the violent overthrow of the U.S. government, which is not disputed. The aliens argue that their admission for permanent residency grants them a 'vested right' to remain in the country, entitling them to the same constitutional protections as citizens. They also contend that any deportation power is so fragmented that judicial agreement on its exercise is necessary, claiming the grounds set by the 1940 Act lack reasonable relation to legitimate U.S. interests, warranting its invalidation. Despite these claims lacking precedent, the aliens have lived in the U.S. for over thirty years without renouncing foreign allegiance, having been offered naturalization with conditions of loyalty. They maintain dual status, benefiting from both U.S. and international laws, and retain protections against U.S. government actions not available to citizens. Their foreign citizenship allows for diplomatic intervention, which could challenge the deportations under international law. While aliens have certain legal rights, they do not possess the same status as citizens, and their continued presence in the U.S. is a matter of permission rather than inherent right. The Government has the authority to terminate the residency of aliens, a power upheld by the Court, particularly during wartime. Even loyal resident aliens can be classified as enemies if their home country is at war with the U.S., making them subject to expulsion or property confiscation. This power is not limited to wartime; Congressional concerns about foreign or domestic threats can also justify deportation actions. Aliens who maintain ambiguous allegiances hold a precarious status in the U.S. legal system, remaining vulnerable to expulsion regardless of their length of residence. The excerpt discusses an alternative argument under the Due Process Clause, which suggests that the government's exercise of deportation is excessively harsh and unconstitutional. The current law reflects a significant escalation in deportation practices, expanding the grounds for removal and increasing the categories of affected individuals, including long-term residents. The intersection of immigration policy with foreign relations and national security is emphasized, indicating that these matters fall primarily within the political branches' purview, minimizing judicial oversight. The context of the law's enactment during a time of rising global tensions and concerns about Communist influence in the U.S. is noted, particularly the apprehensions regarding alien Communists. The Court acknowledges the complexity of balancing political and judicial powers under the Constitution and highlights that Congress's ongoing support for the Act over a decade demonstrates a legitimate basis for its concerns. Ultimately, the Court asserts that personal views on the wisdom of Congress's actions do not override the constitutional validity of the legislation. The Due Process Clause does not protect individuals from conscription or the hardships it entails, such as separation from family and home, particularly in the context of fighting against Communist threats. The Constitution does not require the government to spare hardships from Communist aliens when loyal citizens face similar challenges. The courts have historically denied hardship as a valid reason for intervention when citizens sought protection from expulsion. It is deemed imprudent to reinterpret constitutional powers regarding deportation in the current global context, and reforms should be handled through governmental branches responsible for international relations rather than judicial decisions. Additionally, the First Amendment argument, which claims that joining an organization advocating violent overthrow constitutes protected speech, is rejected. The Constitution allows for peaceful advocacy for political change through legal means, such as voting, but does not permit incitement to violence. Distinguishing between legitimate advocacy and incitement is recognized as a constitutional obligation despite the inherent difficulties. The First Amendment does not bar the deportation of aliens for such activities. Lastly, the concern regarding ex post facto laws is addressed, clarifying that the legislation in question is a continuation of longstanding prohibitions against Communist Party membership, which has been in place since 1920. The aliens involved were aware of the existing laws and thus cannot claim surprise at their deportation for violating these prohibitions. Adequate warnings were given regarding the prohibition of certain conduct and its consequences. In the 1939 case Kessler v. Strecker, the Court ruled that Congress had not clearly intended for membership in the Communist Party to be grounds for deportation after leaving the party. Following this decision, the Communist Party excluded aliens from membership to protect them from deportation. Congress responded by clarifying that past violations would still lead to deportation, regardless of resignation or expulsion from the party, indicating that individuals joining the Communist Party demonstrated a lack of understanding or willingness to adhere to representative government principles. The Court noted that even if the new Act were retroactive, overturning it would require a departure from established interpretations of the ex post facto clause, which has historically not applied to deportation—a civil procedure rather than a criminal one. The Court has affirmed that deportation is a government decision to refuse harboring undesired individuals, not a punitive measure. The ex post facto prohibition in the Constitution pertains only to criminal laws, thus not affecting deportation acts. The Court acknowledged past cases where civil disabilities were viewed as criminal penalties but clarified that those precedents do not apply to deportation. The existing doctrine regarding deportation remains unchanged, and while some argue for reformation or redemption for deportable individuals, it is not within the judiciary's role to grant such relief. Congress has the authority to establish laws concerning deportation; however, the judiciary cannot intervene in matters of absolution or pardon for deportable ex-convicts. The Communist Party's strategy of expelling alien members en masse nullified the significance of individual membership cessation as a sign of a change in belief. Congress, exercising its discretion, did not accept the burden of distinguishing between individuals who genuinely renounced Communist principles and those who left to better serve the party. The court found no constitutional objections to the relevant Act, affirming the judgments. Petitioners Harisiades and Coleman argued for nullification of proceedings against them due to non-compliance with the Administrative Procedure Act (APA). However, since their proceedings began before the Act's effective date, the procedural requirements were not mandatory. Harisiades claimed he was denied procedural due process because the same individual acted as both presiding and examining officer in his hearings; however, this was done with his consent, negating his standing to raise the objection. Naturalization certificates may be revoked for fraud or illegality. The document references several legal statutes and case law affirming constitutional protections for individuals, including equal economic opportunity, habeas corpus rights, and protections in criminal proceedings. It also notes that non-citizens face restrictions in standing for election and in voting rights, as states generally require citizenship for these privileges. Additionally, aliens’ rights to travel outside the U.S. are subject to greater limitations than those for citizens. An individual arrested for illegal entry into the United States bears the burden of proof to establish his right to enter or remain, with no presumptions favoring him based on his presence. Historically, states have the authority to expel aliens without providing reasons, and failure to do so by the expelling state is not deemed illegal, merely unfriendly. U.S. immigration policy has evolved from an open-door approach to increasingly restrictive measures since 1884, with deportation becoming a tool to address illegal entries. Early laws allowed deportation of illegal entrants within a limited timeframe, which has since expanded to include various classes of resident aliens and political offenders. Significant legislative changes occurred in 1907 and 1917 to broaden the grounds for deportation, particularly against those advocating subversive activities. In 1939, the Supreme Court's interpretation prompted Congress to enact a law making deportation mandatory for past members of certain organizations, removing prior time limitations. The legal framework surrounding deportation has continued to adapt, including references to the war power over citizens and the non-reviewability of deportation grounds in English courts.