William Worthy, Jr. v. United States
1964 U.S. App. LEXIS 6293, 328 F.2d 386 (1964)
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Rule of Law:
A statute that criminalizes the act of a United States citizen entering the country without a valid passport is an unconstitutional deprivation of liberty under the Fifth Amendment. While the government may regulate and punish a citizen's unlawful departure from the country, it cannot subject the fundamental right of a citizen to return to their homeland to a criminal penalty.
Facts:
- William Worthy, Jr., a newspaperman, was issued a passport in 1955 that was not valid for travel to Communist China and Hungary.
- Despite the restrictions, Worthy traveled to both Communist China and Hungary.
- In 1957, the State Department refused to renew Worthy's passport because he would not promise to abide by the travel restrictions.
- In the summer of 1961, Worthy planned and subsequently traveled to Cuba, arriving by ship in Havana on July 24, 1961.
- On October 10, 1961, Worthy arrived on a commercial flight from Havana at the Miami International Airport without bearing a valid passport.
Procedural Posture:
- William Worthy, Jr. was charged by indictment in the U.S. District Court for the Southern District of Florida with unlawfully entering the United States without a valid passport in violation of 8 U.S.C.A. § 1185(b).
- Worthy's motions for a change of venue, to inspect grand jury minutes, and to dismiss the indictment were denied by the district court.
- Following a non-jury trial, the district court found Worthy guilty as charged.
- The district court sentenced Worthy to three months imprisonment and nine months probation.
- Worthy (appellant) appealed the judgment and sentence to the United States Court of Appeals for the Fifth Circuit.
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Issue:
Does 8 U.S.C.A. § 1185(b), which makes it a criminal offense for a U.S. citizen to enter the United States without a valid passport, unconstitutionally infringe upon a citizen's fundamental right to return to their country?
Opinions:
Majority - Jones, Circuit Judge.
Yes, a statutory provision that criminally punishes a citizen for the act of entering the United States without a valid passport is unconstitutional. While Congress has broad power to regulate foreign affairs, including the right to travel abroad, it is inherent in the concept of citizenship that a citizen has a fundamental right to return to their own country. The government cannot force a citizen to choose between banishment or committing a crime to re-enter the land of their allegiance. Although Worthy's departure may have been unlawful and subject to penalty, the act of entry itself cannot be criminalized for a citizen. The court distinguished between the power to punish an unlawful departure and the unconstitutional act of punishing a citizen's return, which is a core right of citizenship protected by the Fifth Amendment.
Analysis:
This decision establishes a critical distinction between the government's power to regulate foreign travel and the fundamental right of a citizen to return to the United States. It affirms that while Congress can impose criminal penalties for unlawful departure, it cannot criminalize the act of re-entry for a citizen. This creates a constitutional backstop against the government effectively banishing a citizen by making their return a felony. The case solidifies the principle that the right of ingress is a fundamental attribute of citizenship that cannot be criminally conditioned on possessing a passport.
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