This matter is now before us sitting as a statutory three-judge United States District Court convoked pursuant to the provisions of section 2284, Title 28 U.S.C.
Petitioners seek an injunction against respondent's interpretation and enforcement of section 212(d)(7) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1182(d)(7), and a declaration of rights thereunder.
Jurisdiction of the controversy is asserted under Title 28 U.S.C. §§ 1337, 2201 and 2282.
Under provision of a pretrial order and an amendment thereto entered prior to the hearing of the case all material factual issues were agreed upon and the pleadings passed out of the case.
At the hearing the parties offered no evidence apart from the exhibits identified in and attached to the pretrial order and agreed that the case as submitted presents only issues of law as set forth in the pretrial order.
The parties have agreed in the pretrial order and amendment thereto that the facts, so far as pertinent to the disposition of this case, are set forth in paragraphs II through IX of the 'Admitted Facts' as follows:
'The International Longshoremen's and Warehousemen's Union, Local 37, is a voluntary association of over three thousand persons who work every summer in the herring and salmon canneries of Alaska.
'Petitioners Mensalvas and Mangaoang are the president and business agent of said union, respectively, and they, with the union, bring this action on behalf of all members of the union who are aliens and who are lawful permanent residents of the United States.
'Respondent is the District Director of the Immigration and Naturalization Service, Seattle, Washington, who is charged with the duty of enforcing all laws and regulations regarding immigration into the port of Seattle.
'For many years there has been collective bargaining in the salmon and herring canning industry in Alaska and said union has been for many years a principal bargaining agent in said industries, these collective bargaining agreements governing the terms and conditions of employment and ...