Sam Andrews' Sons, Etc. v. John N. Mitchell

Appellant Sam Andrews’ Sons, a partnership, grows lettuce and melons in the Imperial Valley, California. Ninety-five per cent of its work force consists of aliens who commute daily from their homes in Mexico, entering the United States on the authority of “green cards,” Form 1-151, issued pursuant to 8 C.F.R. § 211.1 (b) (l). This regulation, issued by the Attorney General pursuant to the rule-making authority vested in him by 8 U.S.C. § 1103 (a), also provides that the green cards may not be used to secure entry into the United States when an immigrant alien reenters the United States with the intention of accepting or continuing employment at a place of business where the Secretary of Labor has determined that a labor dispute exists.

On June 26, 1970, the Secretary of Labor certified that a labor dispute was in progress at appellant’s place of business. Subsequently, officers of the Border Patrol visited appellant’s fields and interviewed its employees with the apparent purpose of determining which, if any, of them were using their green cards contrary to the regulation. Those found in violation of the regulation were warned that their green cards would be revoked if they were…