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Yamataya v. Fisher
Yamataya v. Fisher, (189 U.S. 86 ) (1903), popularly known as the ''Japanese Immigrant Case'', is a United States Supreme Court case concerning the U.S. government’s power to exclude and deport certain classes of alien immigrants under the 1891 Immigration Act. The Supreme Court held that the courts may not interfere with a pending deportation unless the administrative hearing was unfair, subjecting deportation procedures to constitutional scrutiny under the Due Process clause.〔Howard L. Bens, “The Deportation of Aliens,” University of Pennsylvania Law Review and American Law Register 68, no. 2 (1920), 111.〕〔Alexander Aleinikoff, “Federal Regulation of Aliens and the Constitution,” The American Journal of International Law 83, no. 4, 864.〕 The Japanese Immigrant Case is also the first time the Supreme Court allowed judicial review of a procedural due process claim.〔Hiroshi Motomura, ‘The Curious Evolution of Immigration Law: Procedural Surrogates for Substantive Constitutional Rights,” Columbia Law Review 92, no. 7 (1992), 1637.〕
==History==
The passing of the Chinese Exclusion Act of 1882 not only restricted Chinese immigration to the United States, but also provided for the deportation of Chinese immigrants who entered the United States in violation of the exclusion laws.〔Torrie Hester, “Protection, Not Punishment: Legislative and Judicial formation of U.S. Deportation Policy, 1882-19044” Journal of American Ethnic History 30, no. 1 (2010), 12.1〕 In 1892 Congress passed the Geary Act which significantly expanded deportation under Chinese exclusion by introducing a system of residence certificates for all laborers of Chinese descent.〔Torrie Hester, “Protection, Not Punishment: Legislative and Judicial formation of U.S. Deportation Policy, 1882-19044” Journal of American Ethnic History 30, no. 1 (2010), 12.〕 If the laborer did not have a certificate present at a deportation hearing then they would be deported. The Immigration Act of 1882 allowed for the exclusion and deportation of immigrants in the categories of immoral, criminal, mental defectives, and those unable to support themselves.〔Torrie Hester, “Protection, Not Punishment: Legislative and Judicial formation of U.S. Deportation Policy, 1882-19044” Journal of American Ethnic History 30, no. 1 (2010), 13.〕 In 1891 Congress extended the federal government’s power to deport immigrants by adding categories of excludable and deportable immigrants including: idiots, the insane, paupers, and polygamists; persons “likely to become a public charge”; people convicted of felonies, other crimes or a “misdemeanor involving moral turpitude; and those suffering from contagious diseases.〔Torrie Hester, “Protection, Not Punishment: Legislative and Judicial formation of U.S. Deportation Policy, 1882-19044” Journal of American Ethnic History 30, no. 1 (2010), 14.〕 Later in 1903 Congress passed another general immigration act which added anarchists and political radicals to the list of both excludable and deportable immigrants. General immigration deportations were heard before a Board of Special Inquiry staffed by three immigration officers while appeals went to a Board of Special Inquiry, then to the Secretary of the department that controlled the Bureau of Immigration.〔Torrie Hester, “Protection, Not Punishment: Legislative and Judicial formation of U.S. Deportation Policy, 1882-19044” Journal of American Ethnic History 30, no. 1 (2010), 15.〕
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