That structure Imposed standards which I like to think are just a bit higher. go a bit further. in protecting the Individual from the possibility of arbitrary or capricious acts. On a more practical note. It is interesting to look back on the action taken by the Commissioner of Immigration and Naturalization following the decision of the Supreme Court in Jay v. Boyd. That happened to be a case argued by me for the Government and by our friend Will Maslow as amicus curiae for the petitioner. In a 5 to 4 decision the Court sustained the use of confidential information in connection with the Attorney Generals discretionary power to suspend deportation. under certain circumstances. of aliens otherwise deportable. The funny thing was that after the hullabaloo was all over the Commissioner of Immigration. a man of courage and fair instincts. met the still lingering problem head on and took steps to abolish. for all practical purposes. the use of the device in this area. A recent check with the Commissioners office reveals that no case presently exists In which resort to the use of such information was found necessary to a decision. My point Is that not only may the damage that can be done to individual liberties under such procedures be all out of proportion to t~pe needs of the security that we seek to safeguard. but the corollary is also true. namely. that the advances we make in the safeguarding of individual liberties. however small. do much to strengthen the foundation of our liberties and. often to our surprise. do not result in any shocking impairment of our safety and security.
Keywords matched
Naturalization Immigration deportable deportation