Harisiades v. Shaughnessy, 342 U.S. 580 (1952)

Harisiades v. Shaughnessy

No. 43

Argued December 5, 1951
Decided March 10, 1952 *
342 U.S. 580

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. The Alien Registration Act of 1940, so far as it authorizes the deportation of a legally resident alien because of membership in the Communist Party, even though such membership terminated before enactment of the Act, was within the power of Congress under the Federal Constitution. Pp. 581-596.

(a) The Act does not deprive the alien of liberty without due process of law in violation of the Fifth Amendment. Pp. 584-591.

(1) The power to deport aliens is inherent in every sovereign state. Pp. 587-588.

(2) The policy toward aliens is so exclusively entrusted to the political branches of the Government as to be largely immune from judicial inquiry or interference, and it cannot be said that the power has been so unreasonably or harshly exercised by Congress in this Act as to warrant judicial interference. Pp. 588-590.

(3) The fact that the Act inflicts severe hardship on the individuals affected does not render it violative of the Due Process Clause. Pp. 590-591.

(b) The Act does not abridge the aliens’ freedoms of speech and assembly in contravention of the First Amendment. Pp. 591-592.

(c) The Act does not contravene the provision of Art. I, § 9 of the Constitution forbidding ex post facto laws. Pp. 593-596.

2. Procedural requirements of the Administrative Procedure Act are not mandatory as to proceedings which were instituted before the effective date of the Act. P. 583, n. 4.

3. One who consented to the same individual acting both as presiding officer and examining officer in administrative proceedings is without standing, on judicial review, to raise the objection that he was thereby denied procedural due process. P. 583, n. 4.

187 F.2d 137 affirmed.

The cases are stated in the opinion of the Court, pp. 581-584. The judgments are affirmed, p. 596.