Cite as: 524 U. S. 666 (1998)
Opinion of the Court
Ivars Berzins argued the cause and filed a brief for respondent.*
Justice Souter delivered the opinion of the Court.†
By administrative subpoena, the Office of Special Investigations of the Criminal Division of the United States Department of Justice (OSI) sought testimony from the respondent, Aloyzas Balsys, about his wartime activities between 1940 and 1944 and his immigration to the United States in 1961. Balsys declined to answer such questions, claiming the Fifth Amendment privilege against self-incrimination, based on his fear of prosecution by a foreign nation. We hold that concern with foreign prosecution is beyond the scope of the Self-Incrimination Clause.
I
Respondent Aloyzas Balsys is a resident alien living in Woodhaven, New York, having obtained admission to this country in 1961 under the Immigration and Nationality Act, 8 U. S. C. § 1201, on an immigrant visa and alien registration issued at the American Consulate in Liverpool. In his application, he said that he had served in the Lithuanian army between 1934 and 1940, and had lived in hiding in Plateliai, Lithuania, between 1940 and 1944. Balsys swore that the information was true, and signed a statement of understanding that if his application contained any false information or materially misleading statements, or concealed any material fact, he would be subject to criminal prosecution and deportation.
*Elizabeth Holtzman and Sanford Hausler filed a brief for the World Jewish Congress et al. as amici curiae urging reversal.
John D. Cline, Barbara E. Bergman, and John L. Pollok filed a brief for the National Association of Criminal Defense Lawyers et al. as amici curiae urging affirmance.
†Justice Scalia and Justice Thomas join only Parts I, II, and III of this opinion.
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