Main Content

Casebook Read Credits
Immigration Law
Resource 2 . 2 . 2
38 minutes

Fong Yue Ting v. United States

Peter Spiro

What critical move does the majority make in rejecting the applicability of due process protections and rights afforded defendants in criminal prosecutions? Consider the dissents closely. How do they distinguish exclusion and deportation? What might have motivated their opposition to the majority's position, assuming that they had no solicitude for the Chinese laborers challenging the deportation measure?

Supreme Court of the United States
149 U.S. 698, 37 L. Ed. 905, 13 S. Ct. 1016, SCDB 1892-256, 1893 U.S. LEXIS 2340
Nos. 1345, 1346, 1347
1893-05-15

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.