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Constitutional Law Keyed to Paulsen
Fong Yue Ting v. United States
Citation:
149 U.S. 698, 13 S.Ct. 1016, 37 L.Ed. 905 (1893)Facts
The three petitioners were Chinese laborers who had entered and resided in the United States lawfully during the 1870s under the Burlingame Treaty of 1868, which recognized the mutual right of free migration between the United States and China. Fong Yue Ting had resided in the U.S. since 1879, Wong Quan since 1877, and Lee Joe since 1874. They had established permanent residence in New York and were engaged in lawful occupations. The Geary Act of May 5, 1892, required all Chinese laborers entitled to remain in the United States to apply within one year to a collector of internal revenue for a certificate of residence. The Act provided that any Chinese laborer found without such certificate after one year would be deemed unlawfully present and subject to arrest and deportation. Fong Yue Ting and Wong Quan failed to apply for certificates. Lee Joe applied but was denied because he could only produce Chinese witnesses, while the Act required “at least one credible white witness” to prove residence. All three were arrested by the U.S. Marshal without warrants and brought before a U.S. District Judge. The judge ordered their deportation to China. They challenged their detention through habeas corpus petitions, arguing the Geary Act violated constitutional protections including due process, the prohibition against unreasonable searches and seizures, and the right to trial by jury.
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