1. Under the Alien Enemy Act, the power of the Attorney General
to remove to Germany a German citizen residing in this country
ended when Congress, by the Joint Resolution of October 19, 1951,
terminated the state of war which had existed between the United
States and Germany. P.
342 U. S.
348.
2. Petitioner, a German citizen residing in this country, who
had been interned in 1942 and ordered removed to Germany in 1946
and who had applied for a writ of habeas corpus before the passage
of the Joint Resolution of October 19, 1951, terminating the state
of war between the United States and Germany, is no longer
removable under the Alien Enemy Act, and is entitled to his
release. Pp.
342 U. S.
347-349.
187 F.2d 912, vacated and cause remanded.
PER CURIAM.
On February 1, 1942, pursuant to the Alien Enemy Act of 1798, as
amended, [
Footnote 1] the
Attorney General of the United States interned petitioner, a German
citizen residing in this country. On May 3, 1946, acting under the
same
Page 342 U. S. 348
statute, the Attorney General directed petitioner's removal to
Germany. Thereafter, petitioner applied for a writ of habeas corpus
in the District Court for the Eastern District of Pennsylvania,
and, on October 9, 1950, after hearings, the District Court denied
relief. The Court of Appeals for the Third Circuit affirmed, 187
F.2d 912, and petitioner applied to this Court for a writ of
certiorari on August 24, 1951.
While that petition was under consideration by the Court, a
joint resolution of Congress, approved on October 19, 1951,
terminated the state of war which had existed between the United
States and Germany. 65 Stat. 451. We granted certiorari. 342 U.S.
864 (1951).
The statutory power of the Attorney General to remove petitioner
as an enemy alien ended when Congress terminated the war with
Germany. [
Footnote 2] Thus,
petitioner is no longer removable under the Alien Enemy Act.
Page 342 U. S. 349
The judgment of the Court of Appeals is vacated, and the cause
is remanded to the District Court with directions to vacate its
judgment and direct petitioner's release from custody.
It is so ordered.
MR. JUSTICE CLARK took no part in the consideration or
disposition of this case.
[
Footnote 1]
"Whenever there is a declared war between the United States and
any foreign nation or government, or any invasion or predatory
incursion is perpetrated, attempted, or threatened against the
territory of the United States by any foreign nation or government,
and the President makes public proclamation of the event, all
natives, citizens, denizens, or subjects of the hostile nation or
government, being of the age of fourteen years and upward, who
shall be within the United States and not actually naturalized,
shall be liable to be apprehended, restrained, secured, and removed
as alien enemies. The President is authorized, in any such event,
by his proclamation thereof, or other public act, to direct the
conduct to be observed, on the part of the United States, toward
the aliens who become so liable; the manner and degree of the
restraint to which they shall be subject and in what cases, and
upon what security their residence shall be permitted, and to
provide for the removal of those who, not being permitted to reside
within the United States, refuse or neglect to depart therefrom,
and to establish any other regulations which are found necessary in
the premises and for the public safety."
1 Stat. 577, as amended, 50 U.S.C. ยง 21.
The Attorney General acted under Presidential Proclamation No.
2526, 55 Stat. 1705, 6 Fed.Reg. 6323, and Presidential Proclamation
No. 2655, 59 Stat. 870, 10 Fed.Reg. 8947.
[
Footnote 2]
"
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the state
of war declared to exist between the United States and the
Government of Germany by the joint resolution of Congress approved
December 11, 1941, is hereby terminated, and such termination shall
take effect on the date of enactment of this resolution:
Provided, however, That, notwithstanding this resolution
and any proclamation issued by the President pursuant thereto, any
property or interest which prior to January 1, 1947, was subject to
vesting or seizure under the provisions of the Trading With the
Enemy Act of October 6, 1917 (40 Stat. 411), as amended, or which
has heretofore been vested or seized under that Act, including
accruals to or proceeds of any such property or interest, shall
continue to be subject to the provisions of that Act in the same
manner and to the same extent as if this resolution had not been
adopted and such proclamation had not been issued. Nothing herein
and nothing in such proclamation shall alter the status, as it
existed immediately prior hereto, under that Act of Germany or of
any person with respect to any such property or interest."
H.J.Res. 289, 82d Cong., 1st Sess., 65 Stat. 451.