From 1961 to 1964. I was the Legal Adviser to the department of State. In my opinion. the proposed expatriation tax raises serious questions under the Constitution and international law involving the fundamental right of voluntary expatriation and immigration. As you may know. the International Law Section of the ABA in its statement of March 8. concluded that the proposed expatriation tax "may be an illegal restriction on the fundamental right to emigrate." I go on. The proposed tax. which applies without regard to the individuals motivation. imposes much more than a nominal penalty on citizens who wish to emigrate. Thus. it has serious human tights implications and is inconsistent with longstanding U.S. policies with respect to the right of free emigration expressed in the JacksonVanik Amendment to the Trade Act of 1974. And he goes on. and it is signed sincerely. Abraham Chayes.
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emigration emigrate immigration