News & Insights

Outcome:

The Supreme Court ruled that the Attorney General acted lawfully in excluding a German-born woman, married to a U.S. citizen and a World War II veteran, without a hearing. The decision was based on national security concerns supported by confidential information. The Court emphasized that Congress had given the Executive Branch authority to control entry during wartime and national emergencies, and any procedure authorized by Congress was considered due process for an alien seeking initial admission.

Facts, Analysis, and Conclusion:

Facts:

• The petitioner, a German-born woman who served honorably in the Royal Air Force during World War II, married a U.S. citizen and veteran in 1948.
• She sought entry into the U.S. under the War Brides Act, a law designed to ease immigration for spouses of U.S. military personnel.
• Upon her arrival at Ellis Island, she was temporarily excluded, and the Attorney General ordered her permanent exclusion based on confidential information suggesting her admission would harm U.S. national security.
• The Attorney General denied her a hearing, citing authority under the 1941 Act and related regulations that allowed such exclusions during a national emergency.

Analysis:

• Admission as a Privilege: The Court reiterated that admission to the U.S. is a privilege granted on the government’s terms, not a right.
• Delegation of Authority: Congress authorized the Executive Branch to exclude individuals based on security concerns during wartime or emergencies. This delegation was deemed constitutional, given the inherent power of the federal government to control foreign relations and national security.
• No Right to a Hearing: The Court ruled that Congress could authorize procedures denying hearings for aliens seeking entry, especially when disclosure of evidence would compromise public security. This was deemed sufficient due process for someone outside the country.
• War Brides Act: The War Brides Act waived some immigration requirements for military spouses but did not override security-related exclusions. The petitioner, like any alien, still had to meet security-related admissibility standards.