Passports - Statutory Construction of Section 215 (b) of Immigration and Nationality Act of 1952 Held To Preclude Criminal Sanctions Against United States Citizens Who Travel Into Geographically Restricted Areas. United States v. Laub (U.S. 1967)
Appellees were organizers and leaders of the "Ad Hoc Student Committee for Travel to Cuba," also known as the "Permanent Student Committee for Travel to Cuba." Their purpose was to recruit a group of United States citizens who would travel to Cuba to observe and formulate an objective opinion of the Cuban situation. On June 25, 1963, appellees and followers, totaling 58, departed from Kennedy International Airport, and after circuitous routing, arrived in Havana on June 29, 1963. Following a two month visit, the group returned to the United States. Throughout the entire journey, appellees possessed unrevoked and unexpired passports which were not, however, specifically validated for travel to Cuba, an area restricted to American travel. Appellees were subsequently indicted and charged with conspiracy to violate section 215(b) of the Immigration and Nationality Act of 1952 which makes unlawful the entrance into or departure from the United States without a valid passport when there exists a state of war or national emergency. After the district court granted appellees' motion to dismiss, the Government, appealing directly to the United States Supreme Court, contended that section 215(b) must be given a broader meaning in order to prohibit travel to areas restricted by the State Department. Held, affirmed: Section 215(b) does not make criminal those entries into and departures from the United States by its citizens who, although bearing valid passports, travel to restricted areas. United States v. Laub, 385 U.S. 475 (1967).
Howard L. Halm,
Passports - Statutory Construction of Section 215 (b) of Immigration and Nationality Act of 1952 Held To Preclude Criminal Sanctions Against United States Citizens Who Travel Into Geographically Restricted Areas. United States v. Laub (U.S. 1967),
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol4/iss2/8