galvan press argued decided may section internal security act providing deportation alien member communist party time entry constitutional applied resident alien shown willingly member communist party although shown aware advocacy violent overthrow government pp light broad power congress admission deportation aliens said classification congress contained baseless violative due process therefore beyond power congress pp ex post facto clause constitution application deportation word member construed applying aliens joined communist party fully conscious advocacy violence pp enough alien joined party aware joining organization known communist party operates distinct active political organization free record case show relationship party nominal make petitioner member within terms act pp harry wolpin wirin argued cause petitioner brief morris ernst osmond fraenkel oscar davis argued cause respondent brief robert stern acting solicitor general assistant attorney general olney beatrice rosenberg justice frankfurter delivered opinion petitioner alien mexican birth first entered since resided occasional brief visits native country course two questionings march immigration naturalization service indicated member communist party march petitioner served deportation warrant day preliminary deportation hearing held acquaint charges entry become member organization advocated violent overthrow government organization distributed material advocating december petitioner de novo hearing transcripts earlier proceedings agreement made part record shortly hearing commenced examining officer lodged additional charge petitioner entry member communist party membership made specific ground deportation internal security act stat final hearing evidence petitioner derived two principal sources first testimony two interrogations immigration authorities interrogations testified time place joined communist party talked freely membership party indicated generally distinction party groups clear mind explained reason applied naturalization feared former party membership might revealed offered make amends rejoining party undercover agent government hearing december petitioner denied prior hearing admitted joining party insisting time thought question related labor union activities response question whether ever attended meetings spanish speaking club alleged communist party unit replied meetings attended relating fair employment practices committee second source information testimony meza effect present petitioner elected officer spanish speaking club petitioner denied truth statements meza calculated establish active participation communist party said must great strain imagine things hearing officer found petitioner member communist party ordered deported specific ground deem necessary make findings general charges contained original warrant hearing officer decision adopted assistant commissioner appeal dismissed board immigration appeals petition writ habeas corpus denied district dismissal affirmed appeals ninth circuit certiorari petitioner challenged sufficiency evidence sustain deportation internal security act attacked validity act applied issues raise constitutionality construction act first time granted certiorari petitioner contention sufficient evidence support deportation order brings question scope word member used congress enactment whereby required deportation alien time entering time thereafter member communist party urged construe act providing deportation aliens joined communist party fully conscious advocacy violence joining thereby committed violent purpose act appears preclude interpretation require proof alien joined communist party full appreciation purposes program section petitioner deportation sought former communist party member another provision subsection requires exclusion deportation aliens members affiliated organization required register internal security act unless aliens establish know reason believe time became members affiliated organization organization communist organization stat describing purpose clause senator mccarran act sponsor said aliens innocent dupes joined organization distinguished communist political organization communist party likewise ipso facto excluded deported cong rec view specific escape provision members organizations seems clear congress exempt innocent members communist party legislative history act illuminating scope member considerable light shed authoritative comment debates statute congress enacted correct regarded unduly expanded interpretation attorney general member act stat amendatory statute dealt certain specific situations brought attention congress provided aliens joined proscribed organization children operation law obtain necessities life deemed members explaining measure sponsor senator mccarran stated repeatedly emphatically member intended meaning act given courts administrative agencies since cong rec see sess sess illustrate member cover inserted record memorandum containing following language quoted colyer skeffington congress intended authorize wholesale deportation aliens accidentally artificially unconsciously appearance found members affiliated organization whose platform purposes real knowledge cong rec memorandum weighty gloss congress wrote indicates congress provide three types situations enumerated corrective statute instances membership nominal keep alien deportable class example circumstances finding membership rejected colyer skeffington supra covered specific language act case aliens passed one organization another supposing change mere change name assenting membership new organization really changed affiliations political economic activities hand repeated statements member meaning act previously preclude interpretation limited fully cognizant party advocacy violence judicial administrative decisions prior exempt aliens joined organization unaware program purposes see kjar doak greco haff matter must concluded therefore support even demonstrated knowledge communist party advocacy violence intended prerequisite deportation enough alien joined party aware joining organization known communist party operates distinct active political organization free fair reading legislation requires scope given congress enacted however severe consequences whatever view one may wisdom means congress employed meet desired end basis hearing officer finding petitioner member communist party must sustained petitioner claim joined party accidentally artificially unconsciously appearance use words senator mccarran memorandum two points bases defense deportation order first join party join unaware party true purposes program evidence must believed relied upon hearing officer finding petitioner member petitioner asked join party man assumed organizer attended number meetings apply citizenship feared party membership become known authorities addition basis meza testimony hearing officer entitled conclude petitioner active spanish speaking club indeed one officers certainly sufficient evidence support finding membership even petitioner unaware party advocacy violence attempted prove record show relationship party nominal make member within terms act brings us petitioner constitutional attack statute harisiades shaughnessy sustained constitutionality alien registration act stat act made membership organization advocates overthrow government force violence ground deportation notwithstanding membership organization terminated enactment statute act necessary prove case membership communist party made basis deportation party fact advocate violent overthrow government internal security act dispensed need proof basis extensive investigation congress made many findings including act communist movement revolutionary movement whose purpose treachery deceit infiltration groups governmental otherwise espionage sabotage terrorism means deemed necessary establish communist totalitarian dictatorship made present former membership communist party ground deportation certainly say classification congress baseless violative due process therefore beyond power congress respect dispensation proof character communist party present case goes beyond harisiades insofar petitioner constitutional claim based ignorance party committed violence issue respect least one aliens harisiades power congress admission aliens right remain necessarily broad touching basic aspects national sovereignty particularly foreign relations national security nevertheless considering means deport alien legally became part american community extent since person alien protection life liberty property due process clause afforded citizen deportation without permitting alien prove unaware communist party advocacy violence strikes one sense harsh incongruity due process bars congress enactments shock sense fair play essence due process one entitled ask whether beyond power congress deport alien duped joining communist party particularly conduct antedated enactment legislation deportation sought deportation may said ng fung ho white deprive man makes life worth living said fong haw tan phelan deportation drastic measure times equivalent banishment exile light expansion concept substantive due process limitation upon powers congress even war power see hamilton kentucky distilleries much said view writing clean slate due process clause qualifies scope political discretion heretofore recognized belonging congress regulating entry deportation aliens since intrinsic consequences deportation close punishment crime might fairly said also ex post facto clause even though applicable punitive legislation applied deportation slate clean extent power congress review merely page history new york trust eisner whole volume policies pertaining entry aliens right remain peculiarly concerned political conduct government enforcement policies executive branch government must respect procedural safeguards due process japanese immigrant case wong yang sung mcgrath formulation policies entrusted exclusively congress become firmly imbedded legislative judicial tissues body politic aspect government whatever might said earlier date applying ex post facto clause unbroken rule application deportation prepared deem wiser sensitive human rights predecessors especially zealous protecting civil liberties constitution must therefore constitutional system recognize congressional power dealing aliens basis unable find act unconstitutional see bugajewitz adams ng fung ho white judgment affirmed footnotes section internal security act provides attorney general shall take custody deport alien time entering time thereafter member one classes aliens enumerated section act subparagraph lists aliens members affiliated communist party substance provision incorporated immigration nationality act stat internal security act organizations required register attorney general section provides organization fails register attorney general may institute proceedings requiring registration first ogden saunders wheat satterlee matthewson pet appendix characteristically persuasive attack made justice johnson view ex post facto clause applies prosecutions crime however undeviatingly enforced contrary position first expressed calder bull dall unjustifiable reversal overturn view constitution deeply rooted consistently adhered justice black justice douglas concurs dissenting petitioner lived country years come mexico seven years age american wife married twenty years four children born stepson served country paratrooper since petitioner laborer van camp sea food company san diego california petitioner became member communist party deciding longer wanted belong party got sometime around pointed opinion period membership communist party functioned distinct active political organization see communist party peek cal party candidates appeared california election ballots federal law frowned communist party political activities however petitioner deported country solely past lawful membership party done without proof finding petitioner knew party evil purposes agreed purposes might contrary strong evidence good man steady worker devoted husband father loyal country form government joining lawful political group years ago act possible reason believe subject slightest penalty petitioner loses job friends home maybe even children must choose father native country perhaps legislative act penalizing political activities legal engaged bill attainder see lovett conceivably act prescribing exile prior innocent conduct violate constitutional prohibition ex post facto laws cf american communications assn douds may possible deportation order engaging political activities violate first amendment clear ban abridgment political speech assembly maybe even denial due process equal protection laws see dissenting opinions carlson landon harisiades shaughnessy unwilling say however despite constitutional safeguards man may driven land joined political party california nation recognized perfectly legal justice douglas justice black concurs dissenting justice black dissent charge alien act lawful done agree therefore constitutional basis deportation aliens well citizens beneficiaries due process law case might course different past affiliation communism seized upon basis deportation continued date far record shows alien galvan quit communist party least six years ago word present record show continued affiliations sub rosa espoused causes joined activities since ceased member agree man communist always must carry curse experience teaches otherwise common knowledge though leading socialists asia communists repudiated marxist creed experienced ugly operations today effective opponents communists know far present record shows galvan may man may merely one transgressed returned orthodox political faith record wholly silent galvan present political activities one thing clear galvan punished presently unlawful act espionage conspiracy intrigue country punished political faith briefly expressed six years ago rejected action hostile constitutional standards pointed harisiades shaughnessy aliens live peace abuse hospitality members communities right due process law persons within meaning fifth amendment molested government times peace presence hostile safety welfare nation deported must believed