Tom C. Clark

Name: United States v. Witkovich — Dissent
Author: Tom C. Clark

Summary

“United States v. Witkovich — Dissent”, is a work by Tom C. Clark. It explores elements such as alien, deportation and the United States.

Quotes from United States v. Witkovich — Dissent (Tom C. Clark)

Tom C. Clark, United States v. Witkovich — Dissent

“ In this respect the construction places an alien who has been under a final order of deportation for more than six months in a more favorable position than one who is under no order at all. Other aliens are obliged to report to the Attorney General when called upon to do so. Indeed, they must testify or claim their privilege. No privilege was claimed here. The Congress could not have intended the anomalous result reached today, one which is entirely foreign to its over-all plan of control over resident aliens. ”

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Source: Wikisource

Tom C. Clark, United States v. Witkovich — Dissent

“ Congress was not concerned with 'actual deportation,' but with that class of deportees who could not be deported because no country would permit them entrance. It believed that an alien finally ordered deported but who could no longer be held in custody pending eventual effectuation of the order should be under the supervision of the Attorney General. All aliens, regardless of their status, are under some supervision and must answer inquires in respect to: (1) the date and place of their entry into the United States; (2) the activities in which they have been and intend to be engaged ”

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Source: Wikisource

Tom C. Clark, United States v. Witkovich — Dissent

“ The Court takes the position that any construction other than that today adopted 'would, at the very least, open up the question of the extent to which an administrative officer may inhibit deportable aliens from renewing activities that subjected them to deportation.' But no such question is involved here. As the trial judge puts the issue, it is whether the Congress may constitutionally give the Attorney General 'the unlimited right to subject a man to criminal penalties for failure to answer absolutely and question * * *.' 140 F.Supp., at page 821. ”

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Source: Wikisource

Tom C. Clark, United States v. Witkovich — Dissent

“ Congress may expel any noncitizen it may determine is undesirable. The power given here is merely supplemental to that of explusion and is a necessary concomitant thereof under the circumstances here presented. It gives to the Attorney General supervision of alien deportees whose past record discloses activities dangerous to our people. The appellee does not contest the charge as to his past activities. As we see it, the Congress has merely provided limited supervision which might prevent the alien from resuming the activity which brought on his ordered deportation. ”

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Source: Wikisource

Tom C. Clark, United States v. Witkovich — Dissent

“ This is a part of the 'congressional plan' with reference to control of subversive activities within the United States. Commonwealth of Pennsylvania v. Nelson, 1956, 350 U.S. 497, 503-504, 76 S.Ct. 477, 480-481, 100 L.Ed. 640. Several thousand alien Communists who have been finally ordered deported will from now on, due to the Court's decision today, be under virtually no statutory supervision. Still they will, in all probability, remain among us for neither they nor the countries of which they are nationals wish them to leave. To their countries they are potential agents. ”

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Source: Wikisource

Tom C. Clark, United States v. Witkovich — Dissent

“ The majority reasons that the entire subsection of which clause (3) is a part is preoccupied with an alien's availability for deportation. We believe, however, that 'the danger to the public safety of (the alien's) presence within the community,' United States ex rel. Potash v. District Director of Immigration and Naturalization, 2 Cir., 1948, 169 F.2d 747, 751, was the basis on which the Congress placed this power with the Attorney General. In short, 'the alien's anticipated personal conduct * * * (based on his past action) must be considered.' See the dissenting opinion in Carlson v. ”

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Source: Wikisource

Tom C. Clark, United States v. Witkovich — Dissent

“ In addition, all aliens must register [1] and be fingerprinted, 66 Stat. 224, 8 U.S.C. § 1302, 8 U.S.C.A. § 1302; they must notify the Attorney General of their address annually and any change must be filed within 10 days thereof, 66 Stat. ”

Tom C. Clark

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