News & Insights

Substance and Outcome of the Case

In this landmark decision, the U.S. Supreme Court addressed whether the government can indefinitely exclude an alien returning to the United States without providing a hearing or disclosing the evidence against them.

The Court ruled that the Attorney General’s decision to exclude the alien based on confidential information was lawful, even though this decision resulted in indefinite detention at Ellis Island because no other country was willing to accept the alien. The Court held that:

• The exclusion was an immigration matter and not a punitive detention.
• The alien was treated as someone seeking entry to the U.S., even though they had lived in the U.S. for over two decades before their departure.
• The government’s reliance on confidential information without disclosure to the alien was permissible, as disclosure could jeopardize national security.
• The alien’s inability to find another country willing to accept them did not create a constitutional right to enter the U.S.

The Supreme Court reversed the lower courts’ decision to grant conditional parole into the U.S. and upheld the government’s right to exclude the alien without further judicial review or hearings.

Facts of the Case

The Alien’s Background:

• The individual, a lawful permanent resident, lived in the U.S. for over 25 years before traveling to Hungary in 1948.
• They remained abroad for 19 months, eventually obtaining a visa to return to the U.S.

Attempt to Reenter:

• Upon arriving in New York in 1950, the alien was excluded based on confidential information suggesting their entry would harm national security.
• No hearing or detailed explanation was provided.

Indefinite Exclusion:

• The alien remained stranded at Ellis Island for over two years because other countries refused to accept them.

Lower Court Decisions:

• The District Court and Court of Appeals granted conditional parole into the U.S., but the government appealed to the Supreme Court.

Analysis

Constitutional Question of Due Process:

• The Court distinguished between the rights of aliens seeking initial entry and those already admitted.
• It concluded that an alien seeking admission is subject to Congress’s legislative will and does not enjoy the full due process protections of someone already residing in the U.S.

Authority of the Executive Branch:

• The Court emphasized the sovereignty of the U.S. to control its borders.
• It upheld the executive’s authority to exclude aliens based on confidential security concerns without judicial oversight.

Judicial Review of Exclusion Decisions:

• The Court reaffirmed that decisions on national security and immigration by the political branches are largely immune from judicial review.