United States v. Evans, 333 U.S. 483 (1948)

United States v. Evans

No. 15

Argued February 3, 1948
Decided March 15, 1948
333 U.S. 483

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Syllabus

1. Section 8 of the Immigration Act of 1917 does not make it a punishable offense to conceal or harbor aliens not entitled to enter or reside in the United States, in view of the ambiguity in the statute as to the scope of the offense and as to the penalty which Congress intended to prescribe. Pp. 483-495.

2. Although Congress intended by § 8 to make criminal and to punish concealing or harboring of aliens, the uncertainty as to the nature of the offense or offenses and as to the applicable penalty poses a problem which is outside the bounds of judicial interpretation, and can be solved only by Congressional action. P. 495.

Affirmed.

Respondent was indicted for concealing and harboring aliens, in alleged violation of § 8 of the Immigration Act of 1917. The District Court granted a motion to dismiss the indictment. The United States appealed directly to this Court under the Criminal Appeals Act. Affirmed, p. 495.