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United States v. Laub

Published online by Cambridge University Press:  28 March 2017

Alona E. Evans
Alona E. Evans*
Affiliation:
Of the Board of Editors
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Keywords

Passportsright to travelprotection of nationals abroadarea restrictions on travel
Type
Judicial Decisions
Information
American Journal of International Law , Volume 61 , Issue 3 , July 1967 , pp. 808 - 811
Copyright
Copyright © American Society of International Law 1967

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References

1 United States v.Laub, 253 F. Supp. 433 (1966); 60 A.J.I.L. 865 (1966).

2 Proclamation No. 3004, 67 Stat. c31, 3 C.F.R. 180 (1949-1953 Comp.).

3 44 Dept. of State Bulletin 178 (1961).

4 381 U. S. 1 at 12.

5 It is the exception rather than the rule in our history to require that citizens engaged in foreign travel should have a passport. Kentv. Dulles,357 U. S. 116, 121-123 (1958); Jaffe, , The Eight to Travel: The Passport Problem, 35 Foreign Affairs 17 (1956)CrossRefGoogle Scholar. [Footnote by the Court.]

6 Note 3 above.

7 The “Public Notice” recites that “pursuant to the authority vested in me by Sections 124 and 126 of Executive Order No. 7856, issued on March 31, 1938 (3 FB 681, 687, 22 CFB 51.75 and 51.77) under authority of … the Act of … July 3, 1926 … all United States passports are hereby declared to be invalid for travel to or in Cuba… . “ Department of State, Public Notice No. 179, Jan. 16, 1961, 26 Fed. Beg. 492. [Footnote by the Court.]

8 385 U. S. 475 at 481.

9 33 Dept. of State Bulletin 777 (1955); 34 ibid.248 (1956); 35 ibid.756 (1956).

10 Hearings before the Senate Committee on Foreign Relations on Department of State Passport Policies, 85th Cong., 1st Sess., at 59 (1957); Hearings before the Subcommittee on Constitutional Rights of the Senate Committee on the Judiciary on the Bight to Travel, 85th Cong., 1st Sess., Pt. 2, at 86 (1957).

11 385 IT. 8. 475 at 486. In Travis v.United States, 385 IT. S. 491 decided by the Supreme Court on the same day as Laub, Justice Fortas reversed the conviction of the petitioner on charges of traveling to Cuba viaMexico without a valid passport in violation of Sec. 215(b) of the Immigration and Nationality Act of 1952. Adverting to the decision in Laub that area restrictions are not criminally enforceable under Sec. 215(b), the Court held that the Government had not proved that the petitioner had left the country without a valid passport, within the terms of this statute.