Harisiades v. Shaughnessy

Background

Three long-term lawful residents — a Greek man who lived in the United States since 1916, an Italian who arrived in 1920, and a Russian-born woman admitted in 1914 — were ordered deported after administrative hearings because they had at earlier times been members of the Communist Party. Deportation warrants were issued years earlier but served in the 1940s. Each challenged the deportation on procedural and constitutional grounds, including claims under the Fifth Amendment (due process), the First Amendment (free speech and association), and the Constitution’s ban on ex post facto laws. The Administrative Procedure Act was held inapplicable to these proceedings initiated earlier.

Reasoning

The central question was whether Congress may deport legally resident noncitizens for past membership in an organization that advocated overthrow of the government by force. The Court said yes. It explained that admission and continued residence for an alien are permissions the Government may end, that national-security decisions are primarily for the political branches, and that the statute responded to earlier judicial interpretations by making past membership a deportable ground. The Court held deportation is a civil, not criminal, action so the ex post facto clause does not apply, and that the First Amendment does not protect membership tied to advocacy of violent overthrow. The judgments ordering deportation were affirmed.

Real world impact

The ruling allows the Government to deport long-resident noncitizens for previous Communist Party membership, even if membership ended before the 1940 Act. It upholds government discretion in immigration tied to national-security concerns and confirms limited judicial review of such policy choices. Administrative timing rules can make certain procedural statutes inapplicable.

Dissents or concurrances

A concurrence stressed that immigration and expulsion are political decisions for Congress; a dissent warned that lifelong banishment for past political beliefs undermines liberty and forgiveness traditions.