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Keywords

contractstatutedue processdeportationjudicial reviewliens

jurisdictionappealhearingtrialdue processdeportationlegislative intentappelleeliens

Related Cases

Flemming v. Nestor, 363 U.S. 603, 80 S.Ct. 1367, 4 L.Ed.2d 1435

Facts

Ephram Nestor immigrated to the United States from Bulgaria in 1913 and became eligible for old-age benefits in November 1955. In July 1956, he was deported under the Immigration and Nationality Act for having been a member of the Communist Party from 1933 to 1939. Following his deportation, his benefits were terminated based on Section 202(n) of the Social Security Act, which specified that benefits would be cut off for aliens deported on certain grounds. Nestor sought judicial review after failing to reverse the decision administratively.

Appellee, an alien, immigrated to this country from Bulgaria in 1913, and became eligible for old-age benefits in November 1955. In July 1956 he was deported pursuant to s 241(a)(6)(C)(i) of the Immigration and Nationality Act for having been a member of the Communist Party from 1933 to 1939.

Issue

Did the termination of Nestor's Social Security benefits under Section 202(n) of the Social Security Act constitute a violation of the Due Process Clause of the Fifth Amendment?

Rule

The Supreme Court held that the termination of benefits under Section 202(n) did not constitute punishment in the constitutional sense and was a valid exercise of Congress's legislative power.

The Supreme Court held that history and scope of Social Security Act provision for termination of benefits of aliens who are deported on certain grounds did not disclose such unmistakable evidence of legislative intent to impose punishment for the grounds of deportation as to constitute punishment without judicial trial, punishment by legislative act, or punishment for past conduct not unlawful when engaged in.

Analysis

The Court analyzed whether the termination of benefits was punitive or regulatory. It concluded that the statute's focus was on the fact of deportation rather than the grounds for deportation, and thus did not impose punishment. The Court emphasized that the Social Security benefits were not contractual rights but rather noncontractual governmental benefits, which allowed Congress to modify the program without violating due process.

We think that the District Court erred in holding that s 202(n) deprived appellee of an ‘accrued property right.’ 169 F.Supp., at page 934. Appellee's right to Social Security benefits cannot properly be considered to have been of that order.

Conclusion

The Supreme Court reversed the District Court's ruling, holding that the termination of Nestor's benefits was constitutional and did not violate the Due Process Clause.

Reversed.

Who won?

The Secretary of Health, Education and Welfare prevailed in the case because the Supreme Court found that the termination of benefits was a legitimate exercise of legislative authority and did not constitute punishment.

The Secretary prosecuted an appeal to this Court, and, subject to a jurisdictional question hereinafter discussed, we set the case down for plenary hearing.

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