y the Immigration and
Nationality Act of June 27, 1952, some thirty-one categories of aliens
are excluded from the United States[1069] including "aliens who are, or
at any time have been, members * * * of or affiliated with any
organization that advocates or teaches * * * the overthrow by force,
violence, or other unconstitutional means of the Government of the
United States * * *"[1070]
With this power of exclusion goes also the power to assert a
considerable degree of control over aliens after their admission to the
country. By the Alien Registration Act of 1940[1071] it was provided
that all aliens in the United States, fourteen years of age and over,
should submit to registration and finger printing, and wilful failure to
do so was made a criminal offense against the United States. This Act,
taken in conjunction with other laws regulating immigration and
naturalization, has constituted a comprehensive and uniform system for
the regulation of all aliens and precludes enforcement of a State
registration act. Said the Court, speaking by Justice Black: "With a
view to limiting prospective residents from foreign lands to those
possessing the qualities deemed essential to good and useful citizenship
in America, carefully defined qualifications are required to be met
before aliens may enter our country. These qualifications include rigid
requirements as to health, education, integrity, character, and
adaptability to our institutions. Nor is the alien left free from the
application of federal laws after entry and before naturalization. If
during the time he is residing here he should be found guilty of conduct
contrary to the rules and regulations laid down by Congress, he can be
deported. At the time he enters the country, at the time he applies for
permission to acquire the full status of citizenship, and during the
intervening years, he can be subjected to searching investigations as to
conduct and suitability for citizenship."[1072] The Act of June 27,
1952, repeats these requirements of the Act of 1940.[1073]
Recent cases underscore the sweeping nature of the powers of the
National Government to exclude aliens from the United States and to
deport by administrative process members of excluded classes. In Knauff
_v._ Shaughnessy,[1074] decided early in 1950, an order of the Attorney
General excluding, on the basis of confidential information, a wartime
bride who was prima facie entitled to enter the United States unde
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