Thank You For Submiting Feedback!
Congress may exclude aliens of a particular race from the United States; prescribe the terms and conditions upon which certain classes of aliens may come to the country; establish regulations for sending out of the country such aliens as come here in violation of law; and commit the enforcement of such provisions, conditions and regulations exclusively to executive officers, without judicial intervention.
Appellant Kaoru Yamataya, a subject of Japan, was ordered deported by the Immigrant Inspector on the grounds that she was a person likely to become a public charge under the Act of March 3, 1891, 26 Stat. 1084. A writ of habeas corpus was issued, but upon a return by the Inspector, the United States District Court for the District of Washington dismissed the writ and remanded appellant for deportation. The United States Supreme Court granted review.
Can Congress exclude aliens of a particular race from the United States?
The United States Supreme Court granted review and affirmed. It held that Congress had authority to define through legislation the terms and conditions under which aliens would be admitted and that the treaty with Japan of 1894, Nov. 23, 1894, U.S.-Japan, art. I - II, 29 Stat. 848, 849, did not proscribe that right. It further held that the decisions of administrative or executive officers acting under their delegated powers constituted due process of law and were not subject to judicial review; since it appeared that appellant had been afforded an opportunity to be heard and since she did not take an appeal to the Secretary of the Treasury from the decision of the Inspector, that decision was final and conclusive.