Non-Intercourse Act

“ Now, when you consider that I came to this country prejudiced against our government and its measures, and that I can have no bad motive in telling you these facts, you will not think hard of me when I say that I hope that our Non-Intercourse Law will be enforced with all its rigor, as I firmly believe it is the only way to bring this country to terms, and that, if persisted in, it will certainly bring them to terms. ”

“ This section in conjunction with the revised and reenacted Section 15a of the Interstate Commerce Act now empowers the Commission, in accordance with the statutory provisions, to remove the discrimination against interstate commerce by prescribing intrastate fares. ”

“ Three decades later, Congress brought 8 U. S. C. §1324 (a) (1) (A) (iv) into its current form—still without the words “assist” or “solicit.” Immigration Reform and Control Act of 1986, §112 (a) , 100 Stat. 3382 (making it a crime to “encourag [e] or induc [e] an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law”) .
On Hansen’s view, these changes dramatically broadened the scope of clause (iv) ’s prohibition on encouragement. ”

“ The Statute's Inapplicability To The Problem of Area Restrictions.
The Court's interpretation of the 1926 Passport Act not only overlooks the legislative history of the Act and departs from the letter and spirit of this Court's decisions in Kent v. Dulles, supra, and Aptheker v. Secretary of State, supra, but it also implies that Congress resolved, through a sweeping grant of authority, the many substantial problems involved in curtailing a citizen's right to travel because of considerations of national policy. People travel abroad for numerous reasons of varying importance. ”

“ The petitioner argues that in any event § 315 of the Immigration and Nationality Act of 1952, [15] and not s 3 (a) of the Selective Training and Service Act of 1940, governs this case. Section 315 of the 1952 Act enacts a two-pronged requirement for the determination of permanent ineligibility for citizenship: the alien must be one 'who applies or has applied for exemption,' and also one who 'is or was relieved or discharged from such training or service on such ground.' That section has no application here. ”

“ Senator Russell, who was manager of the bill as well as Chairman of the Senate Immigration Committee, explained it in similar terms:
'Certainly those who, having enjoyed the advantages of living in the United States, were unwilling to serve their country or subject themselves to the Selective Service Act, should be penalized in some measure. * * * Any American citizen who is convicted of violating the Selective Service Act loses his citizenship. ”

“ The inference that Congress intended to aid only persons being denied admission to the United States rather than persons subject to deportation for membership which took place in this country is substantially reinforced by the fact that when the Immigration and Nationality Act of 1952 repealed the ameliorating amendment, 66 Stat. ”

“ The relators have no right to enter the United States unless it has been given to them by the United States. The burden of proof is upon them to show that they have the right. Immigration Act of 1924, § 23, 43 Stat. ”

“ The present Immigration Restriction Act provides for the admission of such educated men as may be able to pass an education test, the severity of which is within the discretion of the immigration officer. The Asiatics claim that they come under the operation of that Act. ”

“ In construing this Act, we have held: 'The statute thus aims to penalize only those who us interstate commerce with a view toward accomplishing the unlawful purposes. * * * An intention that the women or girls shall engage in the conduct outlawed by Section 24 must be found to exist before the conclusion of the interstate journey and must be the dominant motive of such interstate movement. ”

“ The amendments contained in the sections under consideration, contemplate the continuance and enforcement of the non-intercourse law. This proposition presents a great, an elevated and essential topic of discussion, due to the occasion, and claimed by this people, which comprehends within the sphere and analogies of just argument, the chief of those questions, the decision of which, at this day, involves the peace, the happiness, and honor of this nation. Whatever has a tendency to show, that if the system of non-intercourse exist, it ought not to be continued ”

“ Section 6 of the Subversive Activities Control Act makes it a felony for a member of a 'Communist,' 'Communist-action,' or 'Communist-front' organization to apply for, use, or attempt to use a passport for travel abroad. I concur in the Court's holding that this section of the Act is unconstitutional, but not on the ground that the Due Process Clause of the Fifth Amendment, standing alone, confers on all our people a constitutional liberty to travel abroad at will. ”

“ It is also contended that as the petitioner claimed the right of admission to the United States as a citizen thereof under R. S. § 1993, the Immigration Act, in vesting in the Board of Special Inquiry the authority to determine the question of his citizenship and making its decision when approved by the Secretary of Labor final, is unconstitutional, in that it deprives him of the right to a judicial hearing to which he is entitled as due process under the Constitution ”

“ In Oestereich a student preparing for the ministry surrendered his draft registration card in protest against the war in Vietnam and was reclassified as a 'delinquent.' He then filed suit seeking to enjoin his induction, claiming that he was being inducted contrary to the clear statutory requirement that students preparing for the ministry 'shall be exempt from training and service' under the Act, 50 U.S.C.App. ”

“ It was held that they 'were properly excluded under section 13 (a) of the Immigration Act of 1924 (8 USCA § 213 (a) , since the Secretary of Labor did not admit them in his discretion * * * and neither presented an unexpired valid immigration visa or an unexpired valid permit to re-enter in accordance with the regulations promulgated under section 13 (b) of that act.' (C. C. A.) 49 F. (2d) 730, 733. A contrary decision was reached in Johnson v. Keating (C. C. A.) 17 F. (2d) 50. ”

“ As no state law can reach beyond its own border nor bar transportation of passengers across its boundaries, diverse seating requirements for the races in interstate journeys result. As there is no federal act dealing with the separation of races in interstate transportation, we must decide the validity of this Virginia statute on the challenge that it interferes with commerce, as a matter of balance between the exercise of the local police power and the need for national uniformity in the regulations for interstate travel. ”

“ In a number of cases in the Federal district and circuit cours, it was held that the provisions of the act of March 3, 1891, and the acts that preceded it, relating to the exclusion and deportation of persons arriving in the United States from foreign countries, were confined in their operation to 'alien immigrants;' and that this term did not include aliens previously resident in this country, who had temporarily departed with the intention of returning. ”

“ Typical also of the consequences that are implicit in this proposed modification of maritime jurisdiction, is the restriction of venue that would result from this novel interpretation of § 1331 of the Act of 1875. Litigants of diverse citizenship are now able to invoke the federal law forum for the trial of saving-clause cases. Such litigants are aided in their search for a federal forum by the liberality of the venue provisions applicable to actions based on diversity of citizenship. ”

“ Foreign Student Monitoring Program. (a) Full implementation and expansion of foreign student visa monitoring program required.— The Attorney General, in consultation with the Secretary of State, shall fully implement and expand the program established by section 641 (a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372 (a) ) . ”

“ The respondents are not natives of the barred Asiatic zone, and therefore are not entitled to admission under the exception in the Act of 1917. There is nothing in the later Act of 1921, as amended, which gives the wife or children of a minister any right of entry beyond that enjoyed by aliens generally, unless he falls within one of the classes specified in the proviso to section 2 (d) , in which event they are to be given preference over other aliens within the limits of the quota. ”

“ Having regard to the plain purpose of Section 2 of the Act of 1907, to deal with voluntary expatriation, we are of the opinion that its provisions do not affect the right of election, which would otherwise exist, by reason of a wholly involuntary and merely derivative naturalization in another country during minority. And, on the facts of the instant case, this view apparently obtained when in July, 1929, on the instructions of the Secretary of State, the Department issued the passport to respondent as a citizen of the United States. ”

“ Therefore, the 'unfettered discretion' to which the Court subjects persons like Jay is the unfettered discretion of inquiry officers of the Immigration Service, reviewable only by the Board of Immigration Appeals. Under our system of government there should be no way to subject the life and freedom of one individual to the 'unfettered' or, more accurately, the 'arbitrary' power of another. ”

“ But beyond this, the Interstate Commerce Act itself forbids unjust discrimination, and such discrimination is also clearly and fully set forth in the bill. Can it be that the government is powerless to compel the carriers to discharge their statutory duties? It is nowhere said in the Interstate Commerce Act that this duty or any other duty prescribed by statute is to be enforced only through the action of the Commission. ”

“ The Government concedes as much, but offers an alternative construction of the Travel Act-that the Act is violated whenever the operator of an illegal establishment can reasonably foresee that customers will cross state lines for the purpose of patronizing the illegal operation or whenever the operator actively seeks to attract business from another State. The first half of this proposed interpretation-reasonable foreseeability of interstate patronage-does not merit acceptance. ”

“ The only discretion written into the statute permits a State to determine, 'in accordance with standards prescribed by the Secretary,' whether a particular student, without regard to whether his attendance is at a college or vocational school, is a student 'regularly attending' a bona fide school. [4] This particularization of the area of state authority is itself cogent evidence that Congress did not also authorize the States to limit eligibility to students attending vocational school. ”

“ Preliminarily, nothing in the Constitution expressly secures the right to travel. In contract the Articles of Confederation provided in Art. IV:
'The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States * * * shall be entitled to all privileges and immunities of free citizens in the several States ”

“ Neither does the second article prevent the United States from prescribing regulations for the identification of the Chinese laborer here at the date mentioned, and insisting upon a compliance with them as a condition of his right to re-enter the country after once leaving it. A European nation requiring passports of foreigners seeking to enter its territory, and a certificate of identification if residing therein, was never held to violate stipulations for free intercourse or free residence. ”

“ Appellees insist that a congressionally mandated residence requirement would violate their right to travel. The import of their contention is that Congress, even under its 'plenary' [4] power to control interstate commerce, is constitutionally prohibited from imposing residence requirements. I reach a contrary conclusion for I am convinced that the extent of the burden on interstate travel when compared with the justification for its imposition requires the Court to uphold this exertion of federal power. ”

“ The result is that the act of 1891 is constitutional and valid; the inspector of immigration was duly appointed; his decision against the petitioner's right to land in the United States was within the authority conferred upon him by that act; no appeal having been taken to the superintendent of immigration, that decision was final and conclusive; the petitioner is not unlawfully restrained of her liberty ”

“ The present three per cent, immigration law is not based on any fundamental standard of fitness. Once the percentage of maximum admissions is reached, in any given month, the next alien applying for entrance may be a potential Washington, Lincoln or Edison to whom the unyielding process of the law must deny admission. ”

“ This Act, taken in conjunction with other laws regulating immigration and naturalization, has constituted a comprehensive and uniform system for the regulation of all aliens and precludes enforcement of a State registration act. Said the Court, speaking by Justice Black: "With a view to limiting prospective residents from foreign lands to those possessing the qualities deemed essential to good and useful citizenship in America, carefully defined qualifications are required to be met before aliens may enter our country. ”

“ That is, as stated in the opinion, one of persons claiming to be citizens of the United States, denied by an inspector of immigration-a mere ministerial officer-the right to enter the country, and who are now informed by this court that their application to the courts for the enforcement of that right must be denied. They are told that their only remedy is by appeal from one ministerial officer to another. ”