The chinks had some bad lawyers in the 1800's I guess...
Posted on: January 29, 2024 at 15:46:54 CT
MUTGR MU
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In Chae Chan Ping v. United States, 130 U.S. 581 (1889), the Supreme Court stated:
"That the government of the United States, through the action of the legislative department, can exclude aliens from its territory is a proposition we do not think open to controversy. Jurisdiction over its own territory to that extent is an incident of every independent nation. It is a part of its independence.
"If it could not exclude aliens, it would be to that extent subject to the control of another power …"
In Fong Yue Ting v. United States, 149 U.S. 698 (1893), the Supreme Court further held that the ability to deport immigrants was likewise a “right of a nation.”
"The right of a nation to expel or deport foreigners who have not been naturalized, or taken any steps towards becoming citizens of the country, rests upon the same grounds, and is as absolute and unqualified as the right to prohibit and prevent their entrance into the country."
This is an exclusively federal power, the Supreme Court has said; the states may not regulate in the area of immigration:
"The Federal Government has broad constitutional powers in determining what aliens shall be admitted to the United States, the period they may remain, regulation of their conduct before naturalization, and the terms and conditions of their naturalization … Under the Constitution, the states are granted no such powers; they can neither add to nor take from the conditions lawfully imposed by Congress upon admission, naturalization and residence of aliens in the United States or the several states."