United States Supreme Court Cases & Opinions

U.S. Supreme Court

Galvan v. Press, 347 U.S. 522 (1954)

Galvan v. Press

No. 407

Argued January l l-12, 1954

Decided May 24, 1954

347 U.S. 522

Syllabus

1. Section 22 of the Internal Security Act of 1950, providing for the deportation of any alien who has been a member of the Communist Party at any time after entry, is constitutional -- as here applied to a resident alien shown to have been willingly a member of the Communist Py from 1944 to 1946, although not shown to have been aware of advocacy of violent overthrow of the Government. Pp. 347 U. S. 523-532.

(a) In the light of the broad power of Congress over the admission and deportation of aliens, it cannot be said that the classification by Congress contained in § 22 is so baseless as to be violative of due process, and therefore beyond the power of Congress. Pp. 347 U. S. 529-532.

(b) The ex post facto clause of the Constitution has no application to deportation. P. 347 U. S. 531.

2. On the record in this case, the evidence adduced at the administrative hearings was sufficient to support a finding that petitioner, a resident alien, had been a "member" of the Communist Party from 1944 to 1946, and therefore was deportable under § 22 of the Internal Security Act of 1950 even though he may not have known the full purposes or program of the Communist Party. P. 347 U. S. 523-529.

(a) The word "member" in § 22 cannot be construed as applying only to aliens who joined the Communist Party fully conscious of its advocacy of violence. Pp. 347 U. S. 525-529.

(b) It is enough that the alien joined the Party, aware that he was joining an organization known as the Communist Party which operates as a distinct and active political organization, and that he did so of his own free will. P. 347 U. S. 528.

(c) The record in this case does not show a relationship to the Party so nominal as not to make petitioner a "member" within the terms of the Act. Pp. 347 U. S. 528-529.

201 F.2d 302 affirmed.

Page 347 U. S. 523