kerry secretary state et al din argued february decided june respondent fauzia din petitioned husband kanishka berashk resident citizen afghanistan former civil servant taliban regime classified immediate relative entitled priority immigration status din petition approved berashk visa application ultimately denied consular officer informed berashk inadmissible excludes aliens engaged errorist activities officer provided information unable obtain detailed explanation berashk visa denial din filed suit federal district dismissed complaint ninth circuit reversed holding din protected liberty interest marriage entitled review denial berashk visa held government deprived liberty interest without due process denied berashk visa application without providing detailed explanation reasons held judgment vacated case remanded vacated remanded justice scalia joined chief justice justice thomas concluded government deprive din constitutional right entitling due process law pp historical understanding due process clause din possibly claim denial berashk visa application deprived life liberty property pp even accepting textually unsupportable doctrine implied fundamental rights nothing line cases establishes categorical liberty interest sufficient trigger constitutional protection whenever regulation touches upon aspect marital relationship even cases broadly construed relevant question whether asserted interest consistent line cases whether supported nation history practice washington glucksberg government long practice regulating immigration included erecting serious impediments person ability bring spouse precludes din claim consistently recognized lack judicial authority substitute political judgment congress regard various distinctions immigration policy fiallo bell pp justice kennedy joined justice alito concluded need decide whether din protected liberty interest even assuming notice received satisfied due process pp conclusion dictated reasoning kleindienst mandel declined balance asserted first amendment interest college professors seeking nonimmigrant visa revolutionary marxist speaker congress power make rules admission aliens limited inquiry whether government provided facially legitimate bona fide reason action mandel reasoning particular force national security involved pp assuming din rights burdened directly visa denial consular officer citation satisfies mandel facially legitimate bona fide standard given congress plenary power suppl conditions privilege entry ex rel knauff shaughnessy government decision exclude berashk satisfy statutory condition admissibility facially legitimate supporting conclusion fact din admission berashk worked taliban government considerations lend conclusion bona fide factual basis exclusion absent affirmative showing bad faith consular officer part din plausibly alleged pp scalia announced judgment delivered opinion roberts thomas joined kennedy filed opinion concurring judgment alito joined breyer filed dissenting opinion ginsburg sotomayor kagan joined opinion scalia notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press john kerry secretary state et petitioners fauzia din writ certiorari appeals ninth circuit june justice scalia announced judgment delivered opinion chief justice justice thomas join fauzia din citizen resident husband kanishka berashk afghan citizen former civil servant taliban regime resides country government declined issue immigrant visa berashk din sued state action din complains denial berashk visa application naturally one expect din bring suit berashk unadmitted nonresident alien right entry cause action press furtherance claim admission see kleindienst mandel din attempts bring suit behalf alleging government denial husband visa application violated constitutional rights see app complaint particular claims government denied due process law without adequate explanation reason visa denial deprived constitutional right live spouse constitutional right justice breyer dissent strangely describes deprivation freedom live together spouse america post world artificial world constitutional rights nothing deprivation spouse freedom immigrate america reasons given opinion opinion concurring judgment vacate remand immigration nationality act ina stat amended et alien may enter permanently reside without visa ina creates special process aliens sponsored immediate relatives process first files petition behalf alien living abroad asking alien classified immediate relative see petition approved alien may apply visa submitting required documents appearing embassy consulate interview consular officer see issuing visa consular officer must ensure alien inadmissible provision ina one ground inadmissibility covers errorist activities addition violent destructive acts term immediately brings mind ina defines terrorist activity include providing material support terrorist organization serving terrorist organization representative iii vi fauzia din came refugee became naturalized citizen filed petition kanishka berashk married classified immediate relative petition granted berashk filed visa application embassy islamabad pakistan interviewed berashk denied application consular officer informed berashk inadmissible provided explanation din brought suit federal district seeking writ mandamus directing properly adjudicate berashk visa application declaratory judgment exempts government providing notice alien found inadmissible terrorism bar unconstitutional applied declaratory judgment denial violated administrative procedure act app complaint district granted government motion dismiss ninth circuit reversed ninth circuit concluded din protected liberty interest marriage entitled review denial spouse visa government citation provide din limited judicial review entitled due process clause granted certiorari ii fifth amendment provides person shall deprived life liberty property without due process law although amount quality process precedents recognized due clause changed considerably since founding see pacific mut life ins haslip scalia concurring judgment remains case process due one deprived life liberty property swarthout cooke per curiam first question must ask whether denial berashk visa application deprived din interests answer affirmative must proceed consider whether government explanation afforded sufficient process due process clause origin magna carta originally drafted great charter provided freeman shall taken imprisoned disseised freehold liberties free customs outlawed exiled otherwise destroyed pass upon condemn lawful judgment peers law land magna carta ch coke second part institutes laws england emphasis added recognized time fifth amendment ratification words due process law understood convey meaning words law magna carta murray lessee hoboken land improvement although terminology associated guarantee due process changed dramatically general scope underlying rights protected stayed roughly constant edward coke whose institutes read american colonies virtually every student law klopfer north carolina thoroughly described scope interests deprived pursuant law land magna carta wrote ensured without due process man may taken imprisoned disseised lands tenements dispossessed goods chattels put livelihood without answer barred benefit law denied franchises priviledges subjects gift king exiled life limbe disherited put torture death coke supra blackstone description rights protected magna carta similar although discusses terms much closer life liberty property terminology used fifth amendment described first interest personal security consist ing person legal uninterrupted enjoyment life limbs body health reputation blackstone commentaries laws england second personal liberty individuals consist ed power changing situation removing one person whatsoever place one inclination may direct without imprisonment restraint finally person right property included free use enjoyment disposal acquisitions din course conceivably claim denial berashk visa application deprived matter even berashk life property described historical understanding claim deprived liberty equally absurd government taken imprisoned din confine either keeping er private house putting er stocks arresting forcibly detaining er street indeed even berashk suffered deprivation liberty understood despite historical evidence seen fit several occasions expand meaning liberty due process clause include certain implied fundamental rights reasoning presumably goes like right something free deprivation freedom deprivation liberty never mind original meaning word due process clause implied rights given protection life liberty property properly understood one may dispossessed property thrown jail even executed long proper procedures followed enjoyment implied constitutional rights limited except provisions narrowly tailored serve compelling state interest reno flores din explicitly argue government violated absolute prohibition substantive component due process clause likely obvious law barring aliens engaged terrorist activities entering country narrowly tailored serve compelling state interest nevertheless insists enforcement law affects enjoyment implied fundamental liberty government must first provide full battery protections think worth explaining even one accepts textually unsupportable doctrine implied fundamental rights din arguments fail extending constitutional protection asserted right liberty interest place matter outside arena public debate legislative action washington glucksberg guideposts responsible decisionmaking unchartered area scarce collins harker heights doctrine judicial requires us exercise utmost care whenever asked break new ground field ibid accordingly conferring constitutional status upon previously unrecognized liberty required careful description asserted fundamental liberty interest well demonstration interest objectively deeply rooted nation history tradition implicit concept ordered liberty neither liberty justice exist sacrificed glucksberg supra citations internal quotation marks omitted din describes denial berashk visa application implicating alternately liberty interest marriage brief respondent right association one spouse liberty interest reunited certain blood relatives liberty interest citizen due process clause free arbitrary restrictions right live spouse ibid sure times indulged propensity grandiloquence reviewing sweep implied rights describing broadly include interests din asserts many others well example without doubt liberty guaranteed due process clause denotes merely freedom bodily restraint also right individual contract engage common occupations life acquire useful knowledge marry establish home bring children worship god according dictates conscience meyer nebraska bound dicta especially dicta repudiated holdings subsequent cases actual holdings cases din relies upon hardly establish capacious right asserts unlike loving virginia zablocki redhail turner safley federal government attempted forbid marriage although din dissent borrow language cases invoking fundamental right marriage implicitly concede right infringed case din relies associational interests marriage necessarily protected right marry presuppose later cases establishing right marital privacy brief respondent dissent supplements fundamental right marriage fundamental right live order find affected liberty interest post breyer dissenting attempting abstract cases liberty interest might implicated berashk visa denial din draws even inapposite cases meyer example invalidated state statute proscribing teaching foreign language children yet passed eighth grade reasoning violated teacher right thus teach right parents engage instruct children pierce society sisters extended meyer finding law requiring children attend public schools interferes liberty parents guardians direct upbringing education children control moore east cleveland extended interest raising children caretakers child extended family striking ordinance limited occupancy house members nuclear family ground ecisions concerning child rearing long shared grandparents relatives griswold connecticut concluded law criminalizing use contraceptives married couples violated penumbral rights protecting sacred precincts marital bedroom rights plausibly extend offices consulates abroad nothing cases din cites establishes categorical liberty interest marriage formulation din offers sufficient trigger constitutional protection whenever regulation way touches upon aspect marital relationship even cases construed broadly relevant question whether asserted interest consistent line cases whether supported nation history practice glucksberg emphasis deleted even might imply liberty interest marriage generally speaking must give way tradition denying specific application general interest thus glucksberg rejected claimed liberty interest personal autonomy extended assisted suicide longstanding tradition outlawing practice suicide internal quotation marks omitted long practice regulating spousal immigration precludes din claim denial berashk visa application deprived fundamental liberty interest although immigration effectively unregulated prior soon congress began legislating area enacted complicated web regulations erected serious impediments person ability bring spouse see abrams makes family special chi rev strikingly perhaps expatriation act provided american woman marries foreigner shall take nationality husband ch stat thus woman din position lacked liberty interest might affected government disposition husband visa application lost rights citizen upon marriage congress began impose quotas immigration country origin less years later immigration act omitted fiances husbands family relations eligible preferred status allocation quota spots stat relations similarly excluded relations eligible nonquota status status expanded three years later immigration act stat sure early regulations premised derivative citizenship women legacy law coverture already decline time bredbenner nationality modern doctrine casts substantial doubt permissibility asymmetric treatment women citizens immigration context modern moral judgment rejects premises legal order nevertheless practice repudiates contention din asserted liberty interest deeply rooted nation history tradition implicit concept ordered liberty glucksberg supra citations internal quotations marks omitted indeed law showed little solicitude marital relationship male resident citizen seeking admission fiancee wife immigration act granted nonquota status unmarried minor children citizens granting fiancees wives preferred status within allocation quota spots words citizen move spouse forward line quota spots filled year spouse barred without exception theoretical possibility one commentator observed many immigrants family categories little help quotas small number family members seeking slots far outstripped number available abrams supra although congress tended show continuing kindly concern unity happiness immigrant family hutchinson legislative history american immigration policy matter legislative grace rather fundamental right even congress provided special privileges promote family immigration also written careful checks qualifications ibid consistently recognized various distinctions policy questions entrusted exclusively political branches government judicial authority substitute political judgment congress fiallo bell diluting meaning fundamental liberty interest jettisoning established jurisprudence conclude denial berashk visa application implicates din fundamental liberty interests justice breyer suggests procedural due process rights attach liberty interests either created nonconstitutional law statute sufficiently important flow ly design object nature due process clause post first point unobjectionable least given case law see goldberg kelly collins unhelpful din argue statute confers liberty interest protected due process clause justice breyer attempts make argument din latching onto language wilkinson austin saying liberty interest may arise expectation interest created state laws policies expectation created asserts law surrounds marriage host legal protections point creates strong expectation government deprive married individuals freedom live together without strong reasons individual cases without fair procedure post wilkinson meant expectation interest sort judicially unenforceable substantial hope present legally recognized substantive entitlement sole support conclusion nonconstitutional law create constitutionally protected liberty interests wilkinson cited wolff mcdonnell held prisoner deprived statutory credit without procedural due process prisoner might strong government deprive credit strong procedure state provided statutory right good time credit also specifies forfeited serious misbehavior emphasis added legal benefits afforded marriages preferential treatment accorded visa applicants citizen relatives insufficient confer din right deprived pursuant procedural due process justice breyer second point procedural due process rights attach even nonfundamental liberty interests created statute much troubling relies cases discussed divine right spouses live together raise family along citizen right live within country post perhaps recognizing established methodology identifying fundamental rights cuts conclusion see part supra argues term liberty due process clause includes implied rights although fundamental deserve protection important enough deserve protection post words two categories implied rights protected due process clause really fundamental rights taken away absent compelling state interest rights taken away long procedural due process observed dissent fails cite single case supporting novel theory implied nonfundamental rights certainly true vitek jones washington harper entail implied fundamental rights entail implied rights vitek concerned involuntary commitment prisoner deprivation expressly protected right liberty original understanding term see part historic liberties protected due process clause free obtain judicial relief unjustified intrusions personal security vitek supra true harper concerned forced administration psychotropic drugs inmate arguably paul davis also addressed interest expressly contemplated within meaning liberty see blackstone commentaries laws england right personal security consists person reputation case help dissent anyway since found liberty interest entitled due process clause protection paul supra finally dissent points goss lopez case recognize property interest student right public education conferred ohio express statutory creation public school system concluded student suspension implicated constitutionally grounded liberty interest person good name reputation honor integrity ultimately dissent identifies case holding implied nonfundamental right protected procedural due process one case even suggesting suggestion smith organization foster families equality reform contained dictum holding case procedures provided new york state new york cit adequate protect whatever liberty interests appellees may emphasis added footnoted dictum justice breyer proposes elevate constitutional law dangerous doctrine vastly expands scope jurisprudence setting free requirement liberty interest objectively deeply rooted nation history tradition implicit concept ordered liberty glucksberg internal quotation marks omitted even liberties thanks new notion rights qualify judicially imposed procedural requirements moreover justice breyer gives basis distinguishing fundamental rights recognized cases depends nonfundamental right believes give rise present case neither din right live spouse right live within country implicated simple distinction government action directly affects citizen legal rights imposes direct restraint liberty action directed third party affects citizen indirectly incidentally town nursing center government refused recognize din marriage berashk din remains free live husband anywhere world individuals permitted reside government expelled din country simply determined kanishka berashk engaged terrorist activities within meaning immigration nationality act therefore denied admission country might indeed deprive din something important post criterion justice breyer new pairing substantive procedural due process quite ride fauzia din deprived life liberty property government denied kanishka berashk admission process due constitution extent received explanation government decision due process clause required judgment ninth circuit vacated case remanded proceedings ordered kennedy concurring judgment john kerry secretary state et petitioners fauzia din writ certiorari appeals ninth circuit june justice kennedy justice alito joins concurring judgment respondent fauzia din citizen resident asserts petitioner government officials collectively government violated constitutional right live country husband alien residing afghanistan contends violation occurred government state department consular officials denied spouse immigrant visa application explanation denial based statutory provision prohibiting issuance visas persons engage terrorist activities plurality correct case must vacated remanded rather deciding plurality whether din protected liberty interest view even assuming notice received regarding husband visa denial satisfied due process today disposition interpreted deciding whether citizen protected liberty interest visa application alien spouse need decide issue precedents instruct even assuming interest government satisfied due process notified din husband visa denied immigration statute terrorism bar see ante conclusion din received process entitled finds substantial instruction decision kleindienst mandel college professors citizens invited ernest mandel marxist speak conference stanford university yet mandel applied temporary nonimmigrant visa enter country denied time immigration laws deemed aliens advocate economic international governmental doctrines world communism ineligible visas aliens ineligible provision one opportunity recourse attorney general given discretion waive prohibition grant individual exceptions allowing alien obtain temporary visa mandel however attorney general acting immigration naturalization service ins declined grant waiver letter regarding decision ins explained mandel exceeded scope terms temporary visas past trips agency deemed abuse opportunities afforded express views country professors invited mandel speak challenged ins decision asserting first amendment right views engage free open academic exchange claimed attorney general infringed right refused grant mandel relief see ibid declined balance first amendment interest professors congress power make rules admission aliens exclude possess characteristics congress forbidden citation omitted require courts case weigh strength audience interest government refusing visa particular applicant nuanced difficult decision congress properly placed hands executive instead limited inquiry question whether government provided facially legitimate bona fide reason action finding government proffered reason mandel abuse past visas ended inquiry found attorney general action lawful see ibid emphasized address hat first amendment grounds may available attacking exercise discretion justification whatsoever advanced ibid reasoning holding mandel control decision based upon due consideration congressional power make rules exclusion aliens ensuing power delegate authority attorney general exercise substantial discretion field mandel held executive officer decision denying visa burdens citizen constitutional rights valid made basis facially legitimate bona fide reason standard met courts neither look behind exercise discretion test balancing justification constitutional interests citizens visa denial might implicate ibid reasoning particular force area national security congress provided specific statutory directions pertaining visa applications noncitizens seek entry country ii like professors sought audience mandel din claims constitutional rights burdened denial visa noncitizen namely husband mandel government provided reason visa denial concluded din husband inadmissible terrorism bar even assuming din rights burdened directly visa denial remaining question whether reasons given government satisfy mandel facially legitimate bona fide standard conclude consular officer determination din husband ineligible visa controlled specific statutory factors provisions establish specific criteria determining inadmissibility consular officer citation provision suffices show denial rested determination din husband satisfy statute requirements given congress plenary power suppl conditions privilege entry ex rel knauff shaughnessy follows government decision exclude alien determines satisfy one conditions facially legitimate mandel government citation also indicates relied upon bona fide factual basis denying visa berashk cf chemical foundation din claims due process requires provided facts underlying determination arguing mandel required similar factual basis true attorney general disclosed facts motivating decision deny mandel waiver cited facts demonstrating attorney general validly exercised plenary power congress delegated executive unlike waiver provision issue mandel granted attorney general nearly unbridled discretion specifies discrete factual predicates consular officer must find exist denying visa din moreover admits complaint berashk worked taliban government app even insufficient support exclusion provides least facial connection terrorist activity absent affirmative showing bad faith part consular officer denied berashk visa din plausibly alleged sufficient particularity mandel instructs us look behind government exclusion berashk additional factual details beyond express reliance encompassed see government furthermore required din claims point specific provision within sure statutory provision consular officer cited covers broad range conduct din perhaps easily mount challenge husband visa denial knew specific subsection consular officer relied congress understood problem however statute generally requires government provide alien denied visa specific provision provisions law alien inadmissible notice requirement apply case visa application denied due terrorism national security concerns notably government prohibited offering details sees fit statute expressly refrains requiring congress evaluated benefits burdens notice sensitive area assigned discretion executive decide detailed disclosure appropriate considered judgment gives additional support independent conclusion notice given constitutionally adequate particularly light national security concerns terrorism bar addresses see fiallo bell see also ins even din correct sensitive facts reviewed courts camera dangers difficulties handling delicate security material counsel requiring disclosure case mandel respect political branches broad power creation administration immigration system extends determinations much information government obliged disclose consular officer denial visa alien abroad reasons conclusion government satisfied obligation might provide din facially legitimate bona fide reason action provided notice husband denied admission country requiring government provide appeals erred adjudicating din constitutional claims breyer dissenting john kerry secretary state et petitioners fauzia din writ certiorari appeals ninth circuit june justice breyer justice ginsburg justice sotomayor justice kagan join dissenting fauzia din american citizen wants know state department denied visa husband noncitizen points without visa husband spend married lives separately abroad argues department refusing provide adequate reason denial violated constitutional requirement person deprived life liberty property without due process law amdt view din prevail constitutional claim possesses kind liberty interest due process clause grants procedural protection government failed provide procedure constitutionally due see swarthout cooke per curiam setting forth inquiry procedural due process claims accordingly affirm judgment ninth circuit plurality opinion controlling concludes din lacks kind liberty interest due process clause provides procedural protections ante justice kennedy opinion assum es din possesses kind liberty interest ante opinion concurring judgment emphasis added agree justice kennedy assumption believe din possesses kind constitutional interest liberty interest din seeks protect consists freedom live together husband seeks procedural substantive protection freedom compare wilkinson austin due process clause requires compliance fair procedures government deprives individual certain liberty property interests reno flores due process clause limits extent government substantively regulate certain fundamental rights matter process provided cf smith organization foster families equality reform liberty interests arising constitution procedural due process purposes fundamental rights requiring substantive due process protection cases make clear due process clause entitles procedural rights long seeks protection liberty interest sufficiently important procedural protection flow implicit ly design object nature due process clause nonconstitutional law statute example creates expectation person deprived kind liberty without fair procedures wilkinson supra liberty din seeks protection easily satisfies standards long recognized institution marriage encompasses right spouses live together raise family central human life requires enjoys community support plays central role individuals orderly pursuit happiness meyer nebraska see also griswold connecticut zablocki redhail moore east cleveland plurality opinion smith supra similarly long recognized citizen right live within country fundamental enjoys basic procedural due process protection see ng fung ho white baumgartner time law including visa law surrounds marriage host legal protections point creates strong expectation government deprive married individuals freedom live together without strong reasons individual cases without fair procedure cf turner safley noting various legal benefits marriage special visa preference spouse american citizen justice scalia response nonconstitutional law creates expectation merits procedural protection due process clause unequivocal statutory right ante sorely mistaken argument rests distinction rejected almost five decades ago seminal case goldberg kelly see generally board regents state colleges roth fully finally rejected wooden distinction seemed govern applicability procedural due process rights constitution free people doubt meaning must broad indeed justice scalia general response claiming created new category constitutional rights ante misses mark break new ground rather already recognized due process clause guarantees government without fair procedure deprive individuals host rights freedoms liberties important state created greater expectation continued benefit liberty interest issue see wolff mcdonnell prisoner right maintain goodtime credits shortening term imprisonment procedurally protected liberty interest based nonconstitutional law paul davis right certain aspects reputation procedurally protected liberty interest arising constitution goss lopez student right suspended school class procedurally protected liberty interest arising constitution vitek jones prisoner right involuntary commitment procedurally protected liberty interest arising constitution washington harper mentally ill prisoner right take psychotropic drugs procedurally protected liberty interest arising constitution see generally goldberg supra right welfare benefits procedurally protected property interest based nonconstitutional law cf ante plurality opinion making believe unsuccessful efforts distinguish cases constitution protects individuals arbitrary deprivation diverse set interests also offer form procedural protection citizen threatened governmental deprivation freedom live together spouse america compared reputational harm example din liberty interest less worthy due process protections ii difficult question nature procedural protection required constitution sometimes military draft law separates spouses little individualized procedure sometimes criminal convictions law provides procedure one spouse unlike criminal convictions however neither spouse received procedural protection cf ingraham wright availability alternative procedures satisfy due process compare shaughnessy ex rel mezei due process protections aliens outside zadvydas davis protections available aliens inside unlike draft justified classic military threat deprivation apply similarly hundreds thousands american families cf investment state bd equalization rather government makes individualized visa determinations application legal rule particular facts individualized adjudication normally calls ordinary application due process clause procedures londoner city county denver procedures normally include notice adverse action opportunity present relevant proofs arguments neutral decisionmaker reasoned decisionmaking see hamdi rumsfeld plurality opinion see also friendly kind hearing rev procedural protections help guarantee government make decision directly affecting individual arbitrarily reasoned application rule law rule law stretching back least years magna carta major part due process clause seeks protect hurtado california need consider possible procedural due process elements rather consider minimum procedure din requested namely statement reasons kind explanation state department denied husband visa often held kind statement permitting individual understand government acted fundamental element due process see goldberg perry sindermann morrissey brewer wolff supra goss supra mathews eldridge cleveland bd ed loudermill wilkinson hamdi supra plurality opinion part statement reasons even one provided visa denial serves much function notice proposed action allows din suffered serious loss fair opportunity meet case produced separation husband see joint refugee comm mcgrath frankfurter concurring see also hamdi supra plurality opinion wolff supra friendly supra notice must provide grounds relevant action properly apprised grounds government action din take appropriate action whether amounts appeal internal agency review likely opportunity submit additional evidence obtain reconsideration cfr recognize due process cases often determine constitutional insistence upon particular procedure balancing respect procedure private interest stake risk erroneous deprivation absent protection government interest providing additional procedure eldridge supra cf hamdi supra plurality opinion suggesting minimal due process requirements balanced away balancing change result private interest important risk erroneous deprivation significant government interest providing reason normally small least administratively speaking indeed congress requires state department provide reason visa denial contexts accordingly absence highly unusual circumstance shown present see infra constitution requires government provide adequate reason refused grant din husband visa reason view either factual basis government decision sufficiently specific statutory subsection conveys effectively information justice kennedy without denying din entitled reason believes received adequate reason according complaint however state department denial letter stated visa denied app response requests explanation state department sent stating visa denied terrorism national security bars admissibility see either statement count adequate one thing statutory provision refers sets forth one reason dozens complex provision different subsections many provisions law see appendix infra parts cover criminal conduct particularly serious hijacking aircraft assassination iii iv parts cover activity depending factual circumstances easily labeled terrorist one set subsections example brings within section visa prohibition individual transfer red material financial benefit group two individuals whether organized subgroup engages afford ing material support individual plans use weapon intent cause substantial damage property iv vi vi iii iv vi bb iii time subsections provide visa applicant defense others see iv vi dd permitting applicant show clear convincing evidence actor know reasonably known organization terrorist organization taken together subsections directly cover vast waterfront human activity potentially benefitting sometimes major ways sometimes hardly sometimes directly sometimes indirectly sometimes people sometimes many sometimes strong links sometimes hardly link loosely strongly connected group individuals many different kinds actions might fall within broad statutorily defined term terrorist see daneshvar ashcroft alleging material support selling newspapers singh wiles supp wd alleging material support letting individuals sleep temple floor another thing state department reason set forth factual basis government decision wilkinson prison administrators must inform prisoners factual basis extreme solitary confinement perhaps department denied visa din husband one point payroll clerk afghan government government controlled taliban see ante opinion kennedy way know generality statutory provision cited lack factual support mean reason given analogous telling criminal defendant accused breaking law telling property owner build environmental rules forbid telling driver police pulled violated traffic laws reason given serve procedural purpose permit din assess correctness state department conclusion permit determine kinds facts might provide response permit learn whether kind defenses might available short reason din received constitutionally adequate seemingly aware deny basic legal principles justice kennedy rests conclusions upon two considerations view provide sufficient grounds exception ante importantly says ordinary rules due process must give way national security concerns concerns apply din counsel stated oral argument concerns case tr oral arg solicitor general deny statement cases concerns may exist faced need provide public information without compromising security interests government found ways example excising sensitive portions documents requested press members public public officials see moreover agencies courts found ways conduct proceedings private internal review camera proceedings thereby protect sensitive information see webster doe brief respondent brief american civil liberties union amicus curiae methods prove adequate cases citizen freedom live america spouse issue even necessary government explained deny importance national security need keep certain related information private need respect determinations branches government matters protecting ordinary citizens arbitrary government action fundamental thus presence security considerations suspend constitution hamdi plurality opinion rather requires us take security needs account determining example process due ibid yet take proper account security considerations without knowing without knowing require modification traditional due process requirements without knowing whether less restrictive alternatives available exactly harm important security interests give din better explanation way give din explanation also maintaining appropriate secrecy believe need answers questions accept constitutional major departure procedural requirements due process clause ordinarily demands justice kennedy also looks support fact congress specifically exempted section issue statutory provision requiring state department provide reason visa denials exception statutory demand reason however command opposite rather leaves open question whether law requires reason law constitution statute view due process clause requires department provide adequate reason believe failed reasons respect dissent appendix title provides terrorist activities general alien engaged terrorist activity ii consular officer attorney general secretary homeland security knows reasonable ground believe engaged likely engage entry terrorist activity defined clause iv iii circumstances indicating intention cause death serious bodily harm incited terrorist activity iv representative defined clause aa terrorist organization defined clause vi bb political social group endorses espouses terrorist activity member terrorist organization described subclause ii clause vi vi member terrorist organization described clause vi iii unless alien demonstrate clear convincing evidence alien know reasonably known organization terrorist organization vii endorses espouses terrorist activity persuades others endorse espouse terrorist activity support terrorist organization viii received training defined section title behalf organization time training received terrorist organization defined clause vi ix spouse child alien inadmissible subparagraph activity causing alien found inadmissible occurred within last years inadmissible alien officer official representative spokesman palestine liberation organization considered purposes chapter engaged terrorist activity ii exception subclause ix clause apply spouse child know reasonably known activity causing alien found inadmissible section ii consular officer attorney general reasonable grounds believe renounced activity causing alien found inadmissible section iii activity defined used chapter term activity means activity unlawful laws place committed committed unlawful laws state involves following highjacking sabotage conveyance including aircraft vessel vehicle ii seizing detaining threatening kill injure continue detain another individual order compel third person including governmental organization abstain act explicit implicit condition release individual seized detained iii violent attack upon internationally protected person defined section title upon liberty person iv assassination use biological agent chemical agent nuclear weapon device explosive firearm weapon dangerous device mere personal monetary gain intent endanger directly indirectly safety one individuals cause substantial damage property vi threat attempt conspiracy foregoing iv terrorist activity defined used chapter term terrorist activity means individual capacity member organization commit incite commit circumstances indicating intention cause death serious bodily injury terrorist activity ii prepare plan terrorist activity iii gather information potential targets terrorist activity iv solicit funds things value aa terrorist activity bb terrorist organization described clause vi vi ii cc terrorist organization described clause vi iii unless solicitor demonstrate clear convincing evidence know reasonably known organization terrorist organization solicit individual aa engage conduct otherwise described subsection bb membership terrorist organization described clause vi vi ii cc membership terrorist organization described clause vi iii unless solicitor demonstrate clear convincing evidence know reasonably known organization terrorist organization vi commit act actor knows reasonably know affords material support including safe house transportation communications funds transfer funds material financial benefit false documentation identification weapons including chemical biological radiological weapons explosives training aa commission terrorist activity bb individual actor knows reasonably know committed plans commit terrorist activity cc terrorist organization described subclause ii clause vi member organization dd terrorist organization described clause vi iii member organization unless actor demonstrate clear convincing evidence actor know reasonably known organization terrorist organization defined used paragraph term includes officer official spokesman organization person directs counsels commands induces organization members engage terrorist activity vi organization defined used section term organization means organization designated section title ii otherwise designated upon publication federal register secretary state consultation upon request attorney general secretary homeland security terrorist organization finding organization engages activities described subclauses vi clause iv iii group two individuals whether organized engages subgroup engages activities described subclauses vi clause iv footnotes justice breyer characterizes reintroduction distinction rejected almost five decades ago post insist upon cases past five decades require privilege one claimant given entitlement