Kleindienst v. Mandel

Kleindienst v. Mandel, 408 U.S. 753 (1972), was a decision by the United States Supreme Court, which held that the United States Attorney General has the right to refuse somebody's entry to the United States, as he has been empowered to do so in 212 (a) (28) of the Immigration and Nationality Act of 1952.

Kleindienst v. Mandel
Argued April 18, 1972
Decided June 29, 1972
Full case nameRichard Gordon Kleindienst, Attorney General, et al. v. Ernest Mandel, et al.
Citations408 U.S. 753 (more)
92 S.Ct. 2576; 33 L. Ed. 2d 683; 1972 U.S. LEXIS 22
Case history
PriorAppeal from the United States District Court for the Eastern District of New York
Holding
In the exercise of Congress' plenary power to exclude aliens or prescribe the conditions for their entry into this country, Congress in 212 (a) (28) of the Immigration and Nationality Act of 1952 has delegated conditional exercise of this power to the Executive Branch. When the Attorney General decides for a legitimate and bona fide reason not to waive the statutory exclusion of an alien, courts will not look behind his decision or weigh it against the First Amendment interests of those who would personally communicate with the alien.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityBlackmun, joined by Burger, Stewart, White, Powell, Rehnquist
DissentDouglas
DissentMarshall, joined by Brennan
Laws applied
Immigration and Nationality Act of 1952, 212 (a) (28)

This action was brought to compel Attorney General Richard Kleindienst to grant a temporary nonimmigrant visa to a Belgian journalist and Marxian theoretician whom the American plaintiff-appellees, Ernest Mandel et al., had invited to participate in academic conferences and discussions in the US. The alien had been found ineligible for admission under 212 (a) (28) (D) and (G) (v) of the Immigration and Nationality Act of 1952, barring those who advocate or publish "the economic, international, and governmental doctrines of world communism." Kleindienst had declined to waive ineligibility as he has the power to do under 212 (d) of the Act, basing his decision on unscheduled activities engaged in by the alien on a previous visit to the United States, when a waiver was granted.

Impact

Kleindienst v. Mandel was cited by the 9th Circuit three-judge appeals panel on February 9, 2017, in State of Washington and State of Minnesota v. Trump, with regard to an executive order concerning the restriction of immigration from certain stipulated countries. In that case the government relied on language from Mandel that embraces the proposition that "when the Executive exercises immigration authority 'on the basis of a facially legitimate and bona fide reason, the courts will [not] look behind the exercise of that discretion.'" The court instead held that the Mandel Standard involved a "congressionally enumerated standard" and its application to an individual visa application rather than what it considered to be the "President's promulgation of sweeping immigration policy". They concluded that "courts can and do review constitutional challenges to the substance and implementation of immigration policy."[1]

gollark: I see. So you won't ACTUALLY have time travel. Sad!
gollark: Guess what people might send in future and send that? Randomly generate stuff in the past and force people to schedule it for the past later?
gollark: How are you doing the time travel one? I wanted to implement that, but I seem to lack a time machine.
gollark: So what does the "kind of" mean?
gollark: I see.

See also

References
  1. "Read the 9th Circuit's opinion on the travel ban". Washington Post. Retrieved 2017-02-10.

Further reading
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