While the technically outlaws the Communist Party USA and criminalizes membership, it has never been enforced and is widely considered a "dead letter" due to constitutional protections. Although unenforced, the statute remains on the books and has not been formally repealed.

Practical legal consequences of communist affiliation still exist in specific areas:

Immigration: Membership in the Communist Party generally makes an immigrant inadmissible to the U.S. and ineligible for naturalization, with narrow exceptions for involuntary or childhood membership.

Federal Employment: Affiliation can lead to the denial or revocation of security clearances, barring individuals from most federal jobs, military service, and intelligence positions.

Private Employment: In most states, being a communist is not a protected class, meaning private employers may fire employees for their political beliefs under at-will employment doctrines.