''Kleindienst v. Mandel'', 408 U.S. 753 (1972), was a decision by the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

, which held that the

United States Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...

has the right to refuse somebody's entry to the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

, as he has been empowered to do so in § 212(a)(28) of the

Immigration and Nationality Act of 1952 The Immigration and Nationality Act of 1952 (), also known as the McCarran–Walter Act, codified under Title 8 of the United States Code (), governs immigration to and citizenship in the United States. It came into effect on June 27, 1952. Before ...

. 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 '' Washington 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 otlook 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." The Supreme Court later relied in part on ''Kleindienst v. Mandel'' in upholding the Trump immigration restriction in '' Trump v. Hawaii'' (2018), overruling the 9th Circuit.

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* {{caselaw source , case =''Kleindienst v. Mandel'', {{ussc, 408, 753, 1972, el=no , courtlistener =https://www.courtlistener.com/opinion/108612/kleindienst-v-mandel/ , findlaw = https://caselaw.findlaw.com/us-supreme-court/408/753.html , googlescholar = https://scholar.google.com/scholar_case?case=2384957718526063733 , justia =http://supreme.justia.com/us/408/753/case.html , loc =http://cdn.loc.gov/service/ll/usrep/usrep408/usrep408753/usrep408753.pdf , oyez =https://www.oyez.org/cases/1971/71-16 , other_source1 =Allin Cottrell, Wake Forest University , other_url1 =http://ricardo.ecn.wfu.edu/~cottrell/OPE/archive/0606/att-0130/01-kleindienst.htm United States Supreme Court cases United States Supreme Court cases of the Burger Court United States Free Speech Clause case law United States immigration and naturalization case law 1972 in United States case law Belgium–United States relations Anti-communism in the United States

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