Rethinking the Role of Politics in United States Immigration Law: The Helsinki Accords and Ideological Exclusion of Aliens

In this Article, Mr. Miranda examines the statutory framework and case law addressing the ideological exclusion of aliens from the United States in light of the Helsinki Accords. The ideological exclusion, embodied in the Immigration and Nationality Act of 1952, is used to bar entry of noncitizens to the United States because of their espousal of proscribed ideologies. Congress temporarily suspended the ideological provisions until March 1, 1989 to allow for further comprehensive and permanent revisions in the area of deportation and exclusion. The Article is intended to contribute to the ongoing dialogue concerning such permanent and much needed changes.