Felix Frankfurter

“ The Government does not support the questions put to the alien on the basis of the construction that the District Court placed upon § 242 (d) . This construction authorizes all questions reasonably appropriate to keep the Attorney General advised regarding the continued availability for departure of a deportable alien. The Government contends that the District Court misconceived the scope of the statute. ”

“ Any alien, against whom a final order of deportation as defined in subsection (c) heretofore or hereafter issued has been outstanding for more than six months, shall, pending eventual deportation, be subject to supervision under regulations prescribed by the Attorney General. Such regulations shall include provisions which will require any alien subject to supervision (1) to appear from time to time before an immigration officer for identification ”

“ Landon, supra, where the question was whether an alien could be detained during the customarily brief period pending determination of deportability. Contrariwise, and as the Senate and House Committees recognized in passing on § 242 (d) , supervision of the undeportable alien may be a lifetime problem. In these circumstances, issues touching liberties that the Constitution safeguards, even for an alien 'person,' would fairly be raised on the Government's view of the statute. ”

“ The report of the Senate Committee significantly states the reason for the change: 'This provision in the bill as it passed the House of Representatives appears to present a constitutional question.' S.Rep. ”