United States Ex Rel. Eichenlaub v. Shaughnessy

Background

Two men who had become U.S. citizens were later convicted of conspiracies tied to national security while they still held citizenship. Each then consented to court proceedings that canceled his naturalization on the ground of fraud. After administrative hearings the Attorney General found both to be undesirable residents and ordered their deportation. Lower courts rejected their habeas petitions, and the Supreme Court agreed to decide whether the 1920 deportation law applied to those circumstances.

Reasoning

The central question was whether the Act of May 10, 1920, which authorizes deportation of "aliens" convicted since August 1, 1914, covers people whose convictions occurred while they were naturalized but who later had citizenship canceled for fraud. The Court read the statute in its ordinary meaning and held that the law applies when two conditions are met: a covered conviction exists and the person is an alien at the time deportation is sought, with the Attorney General making an undesirability finding after a hearing. The Court therefore rejected the need to make denaturalization effective back to the time of naturalization to justify deportation.

Real world impact

As a result, formerly naturalized residents who later lose citizenship for fraud and who have been convicted of the listed national-security offenses can be deported after the required hearings and administrative finding of undesirability. The decision confirms the Attorney General’s power to order such deportations under the 1920 Act and signals that changes to protect such people would need to come from Congress.

Dissents or concurrances

One Justice, joined by two colleagues, dissented, arguing the statute should be read to protect those who were citizens when convicted and warning that deportation is a severe hardship that Congress should address rather than the Court.