Hines v. Davidowitz

312 U.S. 52 (1941)

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Nature of the Case

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Facts

The Act, passed in 1939 by Pennsylvania, required every alien 18 years or over, with certain exceptions, to register once each year; provide such information as is required by the statute, plus any 'other information and details' that the Department of Labor and Industry may direct; pay $1 as an annual registration fee; receive an alien identification card and carry it at all times; show the card whenever it may be demanded by any police officer or any agent of the Department of Labor and Industry, and exhibit the card as a condition precedent to registering a motor vehicle in his name or obtaining a license to operate one. Failure to register subjected the alien to a fine of not more than $100 or imprisonment for not more than 60 days, or both and failure to carry the card or show it upon proper demand a fine of not more than $10, or imprisonment for not more than 10 days, or both. A three-judge District Court enjoined enforcement of the Act, holding that it denied aliens equal protection of the laws and that it encroached upon legislative powers constitutionally vested in the federal government. It is that judgment we are here called upon to review. But, in 1940, after the court had held the Pennsylvania Act invalid, Congress enacted a federal Alien Registration Act. A federal Act was passed in 1940 that provides for a single registration of aliens 14 years of age and over; detailed information specified by the Act, plus 'such additional matters as may be prescribed by the Commissioner, with the approval of the Attorney General'; fingerprinting of all registrants, and secrecy of the federal files, which can be 'made available only to such persons or agencies as may be designated by the Commissioner, with the approval of the Attorney General.' No requirement that aliens carry a registration card to be exhibited to police or others is embodied in the law, and only the willful failure to register is made a criminal offense; punishment is fixed at a fine of not more than $1000, imprisonment for not more than 6 months, or both. The Supreme Court granted certiorari. The basic subject of the state and federal laws is identical. Appellants urge that the Pennsylvania law 'was constitutional when passed,' and that the only question is whether the state act is in abeyance, or whether the state and Federal Government have concurrent jurisdiction to register aliens for the protection of inhabitants and property. Appellees contend that the Pennsylvania Act is invalid for the reasons that it (1) denies equal protection of the laws to aliens residing in the state; (2) violates § 16 of the Civil Rights Act of 1870; (3) exceeds Pennsylvania's constitutional power in requiring registration of aliens without Congressional consent. Appellees' final contention is that the power to restrict, limit, regulate and register aliens as a distinct group is not an equal and continuously existing concurrent power of state and nation, but that, even if the state can legislate on this subject at all, its power is subordinate to supreme national law. Appellees conclude that, by its adoption of a comprehensive, integrated scheme for regulation of aliens -- including its 1940 registration act -- Congress has precluded state action like that taken by Pennsylvania.