of an American citizen living abroad to travel to another country to assassinate a foreign leader or overthrow a foreign government may not violate any domestic criminal statute. Moreover, as the Court recently recognized, prosecution of a person such as respondent "would subject the CIA and its officials of probing discovery into the Agency's highly confidential affairs. *** When the Government cannot secure its remedy without unacceptable risks, it has no remedy at all." Snepp v. United States, supra. Petition for a Writ of Certiorari to the U.S. Court of Appeals for the District of Columbia Circuit, Muskie v. Agee, No. 80-83. In the Supreme Court of the United States, Oct. Term, 1979, pp. 14-21. The petition may also be found at Dept. of State File No. P81 0156-0162.

The U.S. brief in support of the petition for certiorari may be found, also, at ibid., No. P83 0156-1490.

On June 29, 1981, the Supreme Court of the United States upheld in Haig v. Agee, 453 U.S. 280, the authority of the Secretary of State to issue the regulation under which Agee's passport had been revoked.

Writing for the Court, Chief Justice Warren E. Burger pointed out that, while the Passport Act of 1926 does not expressly confer upon the Secretary power to revoke a passport or to deny passport applications, there is no statute expressly limiting those powers. The Secretary's power to deny a passport for reasons not specified in the statutes was beyond dispute, Justice Burger said, and he noted Agee's agreement with the Executive branch's position in this regard; viz., that if the Secretary could deny a passport application for a certain reason, he could revoke a passport on the same ground. Reviewing the history of passport controls since the "earliest days of the Republic"-prior to enactment of the first (Federal) Passport Act in 1856, the Court found Congressional "recognition of Executive authority to withhold passports on the basis of substantial reasons of national security and foreign policy." After enactment of the 1856 statute, it found, the President and the Secretary of State had "consistently construed the 1856 Act to preserve their authority to withhold passports on national security and foreign policy grounds." The legislative history of the Passport Act of 1926 "clearly" showed Congressional awareness-and adoption-of a longstanding administrative construction of the 1856 statute, Chief Justice Burger continued. Executive construction subsequent to 1926 worked no change in prior practice and specifically interpreted the Act "to authorize denial of a passport on grounds of national security or foreign policy. Indeed, by an unbroken line of Executive Orders, regulations, instructions to consular officials, and notices to passport holders, the President and the Department of State left no doubt that likelihood of damage to national security or foreign policy of the United States was the single most important criterion in passport decisions." 453 U.S., at 298 (footnotes omitted).

Chief Justice Burger noted the amendments, effected by the Foreign Relations Authorization Act, Fiscal Year 1979 (Public Law 95-426, approved October 7, 1978, 92 Stat. 963, 993, 971), to section 215(b) of the Immigration and Nationality Act, 8 U.S.C. 1185(b), that make it unlawful for a United States citizen to depart from, or enter, the United States without a passport in time of peace, and to the Passport Act of 1926, 22 U.S.C. 211a, that specify (i.e., limit) those instances in which a passport might be geographically restricted. Chief Justice Burger considered that these 1978 amendments were important to show Congressional approval of the Secretary's broad rule-making authority under the 1926 Passport Act and also of the 1966 regulations promulgated under that authority.

Agee's argument that the Secretary's revocation of his passport violated his First Amendment right to criticize Government policies was without foundation, the Chief Justice also said. Revocation had not inhibited Agee's beliefs nor his speech, but his conduct or actions in foreign countries presenting a serious danger to American officials abroad and serious danger to the national security. The policy announced in the challenged regulations, the Chief Justice declared, was" sufficiently substantial and consistent' to compel the conclusion that Congress has approved it." 453 U.S., at 306.

By a majority of seven to two, the Supreme Court reversed the District of Columbia Circuit and remanded the case.

Offenses: Foreign Passports

In United States v. Dangdee, 616 F.2d 1118 (9th Cir. 1980), the United States Court of Appeals for the Ninth Circuit affirmed the defendant's conviction for violation of 18 U.S.C. 1543, which makes unlawful the alteration of "any passport" and the knowing and willful use of an altered passport.

The defendant had been arrested when attempting to use an altered Thai passport to gain entry into the United States. He appealed his conviction on the ground that section 1543 applies only to passports issued by the United States and not to those issued by foreign governments.

Rejecting this contention, the Ninth Circuit ruled on April 7, 1980, that the Congress had intended for section 1543 to have a broad application. Writing for the Court, Circuit Judge Betty B. Fletcher pointed to the provision's origin in title IX of the Espionage Act of 1917, Chapter 30, 40 Stat. 217, 227. That Act, Judge Fletcher noted, embraced a wide range of national security concerns, including control over the activities of both United States citizens and foreign agents that affected such security. The intent of the Congress had been to regulate entry of foreign citizens into the United States, as

well as to control travel of United States citizens abroad. Assuring the genuineness of foreign passports used to gain entry into the United States, the Court said, was consistent with that purpose.

Visas

Regulations Based Upon Nationality: Iranian Nationals Because of the continuing failure of the Government of Iran to put an end to the unlawful detention of the American hostages in Tehran, President Carter announced on April 7, 1980, that the United States was breaking off diplomatic relations with the Government of Iran. The President announced several steps that he had ordered to be taken. Among such measures, the Secretary of State and the Attorney General were to invalidate all visas issued to Iranian citizens for future entry into the United States, effective immediately, and visas would not be reissued nor new visas issued, "except for compelling and proven humanitarian reasons, or where the national interest" of the United States so required. This directive, the President stated, would be interpreted "very strictly."

Weekly Comp. of Pres. Docs., Vol. 16, No. 15, Apr. 14, 1980, pp. 611-612; Dept. of State Bulletin, Vol. 80, No. 2038, May 1980, p. 1.

On the same day, Secretary of State Cyrus R. Vance issued, with the concurrence of Attorney General Benjamin R. Civiletti, a regulation (22 C.F.R. § 46.8) to implement the President's decision to invalidate all Iranian visas for future entry into the United States (except those issued under section 101(a)(15)(G) of the Immigration and Nationality Act of 1952 to "international organization aliens," a description that includes representatives, etc., to international organizations, as well as officials and employees of such organizations). Fed. Reg., Vol. 45, No. 70, Apr. 9, 1980, p. 24436.

In a separate Public Notice issued on Apr. 7, the Assistant Secretary of State for Consular Affairs, Barbara M. Watson, announced that the Secretary of State, acting under the authority conferred by sec. 221(i) of the Immigration and Nationality Act, 8 U.S.C. 1201(i), had revoked all nonimmigrant visas issued to nationals of Iran pursuant to sec. 101(a)(15)(A) of the Act.

Ibid., p. 24437.

On Apr. 7, 1980, the Department of State notified the Iranian Embassy of the immediate severance of U.S. diplomatic and consular relations with Iran and directed the immediate closure of the Embassy and of Iranian consular posts in the United States. See, further, this Digest, Ch. 4, §1, post; and see, Dept. of State File Nos. P80 0056-1343 and 0056-1351.

On April 8, 1980, the Department announced that, effective immediately, all visas according diplomatic or official status to Iranians in the United States, other than those on United Nations business, were revoked. The decision applied to Iranian officials and

employees accredited to the United States and their immediate families, attendants, and servants (but not to Iranians accredited to or employed by the United Nations or other international organizations in the United States).

Dept. of State Press Release No. 76, Apr. 8, 1980; Dept. of State Bulletin, Vol. 80, No. 2038, May 1980, p. 3.

By Exec. Order 12206, issued Apr. 7, 1980, President Carter had amended an earlier delegation of his authority to the Secretary of State and to the Attorney General (under Exec. Order 12172, Nov. 26, 1979, Fed. Reg., Vol. 44, No. 230, Nov. 28, 1979, p. 67947), in order to conform its language to his decision to invalidate all visas that had been issued to Iranians, including nonimmigrant visas. (The authority in question, set out in sec. 215(a)(1) of the Immigration and Nationality Act of 1952, 8 U.S.C. 1185(a)(1), empowers the President to prescribe limitations and exceptions to the rules and regulations governing the entry of aliens into the United States.) Fed. Reg., Vol. 45, No. 70, Apr. 9, 1980, p. 24101.

On April 8, 1980, Assistant Secretary of State Watson, with the concurrence of David Crosland, Acting Commissioner of Immigration and Naturalization, amended the regulation at 22 CFR 41.6(e)(1), effective April 7, 1980, to withdraw from nonimmigrant aliens who were citizens of Iran the waiver of visa and passport requirements otherwise permitted by that section for nonimmigrant aliens in immediate, bonded transit. A corresponding amendment to 8 CFR 212.1(e)(1), covering documentary requirements for aliens in immediate and continuous direct transit, also effective April 7, 1980, was issued the same day by Acting Commissioner Crosland and Assistant Secretary Watson. Fed. Reg., Vol. 45, No. 71, Apr. 10, 1980, p. 24849 (codified to 22 CFR 41.6(e)(1) (Apr. 1, 1981), and 8 CFR 212.1(e)(1) (Jan. 1, 1981).

Consistent with the President's decision, the Immigration and Naturalization Service amended its regulations on April 15, 1980, effective April 11, 1980, to place appropriate limitations and restrictions upon Iranian nationals then in the United States, by providing for review of all requests by nonimmigrant Iranian nationals for extension of stay (8 CFR 214.1(c)), adjustment of status to that of persons admitted for permanent residence (immediate relatives and preference aliens-8 CFR 245.1(d)), and change of nonimmigrant classification (ineligible classes-8 CFR 248.2), and also to place restrictions upon the conditions under which Iranian nationals would be permitted to remain in the United States. Fed. Reg., Vol. 45, No. 75, Apr. 16, 1980, p. 26015.

Title 8, Code of Federal Regulations, §214.1(c) was amended, effective Apr. 11, 1980, to provide that a nonimmigrant Iranian national would be ineligible for an extension of stay, unless the individual were in immediate need of urgent medical treatment available only in the United States, or had a relationship to a U.S. citizen or lawful permanent resident alien within the categories specified in secs. 201(b) or 203(a)(1), (2), (4), or (5) of the Immigration and Nationality Act. (8 CFR 214.1(c) was further amended on June 27, 1980, to provide that, effective June 10, 1980, an Iranian

nonimmigrant "F" or "J" student might obtain an extension of stay in order to complete a current course of study or to begin graduate study, and on July 17, 1980, to include, among the circumstances permitting an extension of stay, the commencing of high school, college, or graduate studies, if the individual had already been accepted by the appropriate institution on or before June 9, 1980. Fed. Reg., Vol. 45, Nos. 129, July 2, 1980, p. 44918, and 142, July 22, 1980, p. 48867.)

Title 8, Code of Federal Regulations, §245.1 was amended, effective Apr. 11, 1970, to make a nonimmigrant Iranian national ineligible for adjustment of status under sec. 245 of the Immigration and Nationality Act, unless the individual claimed immediate relative status under sec. 201(b) or preference status under sec. 203(a)(1), (2), (4), or (5) of the Act and were also the beneficiary of a valid unexpired visa petition filed in accordance with 8 CFR 204 and approved to accord the individual such status, or unless the individual had been granted asylum in the United States (emphasis added). (8 CFR 245.1(d) was further amended on Apr. 17, 1980, eff. Apr. 11, 1980, to include within the exception to ineligibility for adjustment of status a nonimmigrant Iranian national who had applied for asylum (emphasis added). Fed. Reg., Vol. 45, No. 79, Apr. 22, 1980, p. 26947.)

Title 8, Code of Federal Regulations, §248.2 was amended, effective Apr. 11, 1980, to render nationals of Iran ineligible for any change of nonimmigrant classification, except to classification under sec. 101(a)(15)(G) (“international organization aliens") of the Act.

For a discussion of actions taken by the Immigration and Naturalization Service in regard to Iranian nationals between the onset of the hostage crisis in November 1979 and the break-off of diplomatic relations between the United States and Iran, announced by President Carter on Apr. 7, 1980, see the statement of David Crosland, Acting Commissioner, Immigration and Naturalization Service, prepared for presentation before the Subcommittee on Immigration, Refugees and International Law of the House Committee on the Judiciary, Apr. 17, 1980. United States Immigration Policy Regarding Iranian Nationals: Hearing before the Subcomm. on Immigration, Refugees and International Law of the House Comm. on the Judiciary, 96th Cong., 2d sess. (1980; published, 1981), p. 7, also to be found at Dept. of State File No. P85 0024-1292.

In a final rule issued by the Immigration and Naturalization Service and the Dept. of Justice on Jan. 9, 1981, eff. Jan. 15, 1981, 8 CFR 245.1(d) and 248.2 were further amended to permit, respectively, the adjustment of status of Iranian nationals to that of persons admitted for permanent residence and the change of nonimmigrant classification of Iranian nationals, upon a determination that it was in the U.S. national interest to do so. The changes made the Service's regulations consistent with Dept. of State policy on issuing immigrant and nonimmigrant visas to Iranian nationals and gave the Service the necessary authority to grant the benefits covered, upon a determination that it was in the U.S. national interest to do so. Fed. Reg., Vol. 46, No. 10, Jan. 15, 1981, p. 3494.

After the hostages had been released, the Immigration and Naturalization Service and the Dept. of Justice issued a final rule on May 5, 1981, eff. Apr. 24, 1981, rescinding the restrictions contained in 8 CFR 214.1(c), 245.1(d), and 248.2, as amended, ante. Ibid., No. 89, May 8, 1981, pp. 25597-25599.

The final rule also rescinded certain other restrictions that the Service had imposed upon Iranian nationals, including: the special requirements for maintenance of status for nonimmigrant students from Iran (8 CFR 214.5); and limitations upon voluntary departure prior to commencement of a deportation hearing (8 CFR 242.5), reopening or reconsideration of the proceeding (8 CFR 242.22), and application for suspension of deportation and voluntary deportation (8 CFR 244.1).

By a final rule signed by Secretary of State Alexander M. Haig, Jr., on Sept. 3, 1981, and by Attorney General William French Smith on Sept. 22, 1981, 22 CFR 46.8 was