Karnuth v. United States Ex Rel. Albro

Background

Two people living in Niagara Falls, Ontario sought entry to the United States as temporary business visitors under the Immigration Act of 1924. One was a British-born spinner who had crossed daily to work and wished to look for work. The other was an Italian-born man who claimed Canadian citizenship and had crossed daily while working and sought to resume employment. Immigration officials denied both entry as quota immigrants, relying on a 1925 departmental regulation that said temporary visits to perform labor for hire are not "temporary business" visits. The federal district court upheld the officials, but the circuit court of appeals reversed, prompting the Supreme Court to hear the case because of its wide effects.

Reasoning

The Court first considered whether an old treaty provision allowing free passage along the U.S.-Canada boundary still applied and concluded the Jay Treaty provision relied on had been ended by the War of 1812 and was not controlling. Turning to the statute, the Court looked at the purpose of the Immigration Act and related congressional reports showing a clear aim to protect American labor by restricting migratory foreign workers. The Justices reasoned that the word "business" in the exception to the immigrant definition should be limited to commercial intercourse, not ordinary paid work. On that basis, the Court held the departmental regulation valid and reversed the circuit court.

Real world impact

The decision allows immigration officials to treat people who cross to perform ordinary paid work as quota immigrants who may be excluded. It affects not only daily crossers from Canada but anyone entering to work for hire from other countries. Employers, workers, and border communities will feel the practical effect as temporary labor entries can be denied.