Opinions

Opinions

Displaying 1 - 8 of 8
Title Headnotes
Power to Remove Court-Appointed U.S. Attorneys

U.S. Attorneys—Removal of Court-Appointed U.S. Attorney (28 U.S.C. §§ 541, 546)

Disposition of Government Property Located at Former President Nixon’s San Clemente Residence

(1) Presidential Protection Assistance Act (18 U.S.C. § 3056 note)—Retroactive Effect; (2) Federal Improvements to Real Property Owned by a Former President—Title Thereto—Removal Of

The President’s Authority to Force the Shah to Return to Iran

The Shah cannot be extradited to Iran, since the United States has no extradition treaty with Iran; however, §§ 241(a)(7) and 212(a)(27) of the Immigration and Nationality Act (INA) would permit the Attorney General to deport the Shah if his presence in this country were determined to be prejudicial to the public interest.

On its face, § 243(a) of the INA appears to permit the Attorney General to force the Shah, upon deportation, to return to Iran; however, § 243(h) of the INA and applicable principles of international law would preclude the Attorney General’s forcing anyone to return to a country where he or she would be subject to political persecution, as the Shah would be if deported to Iran.

Presidential Implementation of Emergency Powers Under the International Emergency Economic Powers Act

The President may issue a single executive order invoking the remainder of his powers under the International Emergency Economic Powers Act, in response to the situation in Iran, which would permit him to block the property of Iranian citizens as well as that of their government, and to effect a complete trade embargo.  The President may delegate the exercise of all implementing powers to the Secretary of the Treasury.  Such an order need not declare a new emergency, but could simply find that the underlying emergency continues, and such an order need not be accompanied by an immediate report to Congress.

Supplementary Discussion of the President’s Powers Relating to the Seizure of the American Embassy in Iran

Under the Vienna Convention on Diplomatic Relations, diplomats are not subject to any form of arrest or detention even in case of armed conflict, though their movements may be restricted.  Iran’s conduct might be invoked in this case as a ground for suspending the Convention, in which case non-forcible reprisals against its diplomats in this country may be used.

The President may use his constitutional power to protect Americans abroad, subject to the consultation and reporting requirements of the War Powers Resolution.  While not unconstitutional on their face, these requirements may have applications which raise constitutional questions insofar as they limit the President’s power as Commander-in-Chief.

The International Emergency Economic Powers Act and the National Emergencies Act together authorize the blocking of Iranian assets and the subsequent licensing of particular transactions.  These statutes specify the procedures to be followed in the event such a course is followed.

Immigration Laws and Iranian Students

The President has authority under the Immigration and Nationality Act (INA) to limit or halt entry of Iranian nationals into the United States.  He also has available to him under that statute a number of options by which he may regulate the conditions under which Iranian nationals already present in the country remain here or depart.

While the matter is not free from doubt, a reasonable reading of § 241(a)(7) of the INA would allow the Attorney General to take into account adverse foreign policy consequences in determining whether an alien’s continued presence in the United States is prejudicial to the public interest, so as to render him or her deportable.  However, it would be constitutionally in appropriate to identify members of the class of deportable persons in terms of their exercise of First Amendment rights.

Both the INA and the Constitution require that all persons be given a hearing and an opportunity for judicial review before being deported; however, neither the INA nor the Constitution would preclude the Attorney General or Congress from taking action directed solely at Iranian nationals, particularly in light of the serious national security and foreign policy interests at stake in the present crisis.

Form of Consultation Required for Presidential Decisions Under the Public Utility Regulatory Policies Act of 1978

President—Consultation—Form—Public Utility Regulatory Policies Act of 1978 (§ 507(a)(1), 43 U.S.C. § 2007(a)(1))

Presidential Powers Relating to the Situation in Iran

The following memorandum was prepared in the hours immediately following the seizure of the United States embassy in Tehran. Its conclusions are set forth in its second paragraph.

Subscribe to Opinions

Was this page helpful?

Was this page helpful?
Yes No