Fong Yue Ting v. United States
| Fong Yue Ting v. United States | |
|---|---|
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| Argued May 10, 1893 Decided May 15, 1893 |
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| Full case name | Fong Yue Ting v. United States |
| Citations | 149 U.S. 698 (more) |
| Prior history | Appeal from the Circuit Court of the United States for the Southern District of New York |
| Court membership | |
| Case opinions | |
| Plurality | Gray, joined by Blatchford, Brown, Harlan, Jackson, Shiras |
| Dissent | Brewer, Field, Fuller |
| Laws applied | |
| Geary Act | |
Fong Yue Ting v. United States 149 U.S. 698, decided by the United States Supreme Court on May 15, 1893, was a case challenging provisions in Section 6 of the Geary Act of 1892 that extended and amended the Chinese Exclusion Act of 1882. The provisions in question required Chinese in the United States to obtain certificates of residency, and allowed for the arrest and deportation of Chinese who had failed to obtain these certificates, even if they had not violated any other laws. The case involved writs of habeas corpus from Fong Yue Ting and two other Chinese citizens residing in the United States who were arrested and detained for not having certificates. The Supreme Court decision (6 to 3) was in favor of the United States government, upholding the Geary Act and denying the writs of habeas corpus.
In 1868, the United States and China entered into the Burlingame Treaty, establishing formal friendly relations between the two countries, and granting China most favored nation status. The treaty encouraged immigration from China, and granted some privileges to citizens of either country residing in the other, but withheld the privilege of naturalization for immigrants from China.
On November 17, 1880, the Burlingame Treaty was amended to suspend but not prohibit immigration from China. The amendment was called the Treaty Regulating Immigration from China, and historians refer to it as the Angell Treaty of 1880. The prefix stated: "The United States, because of the constantly increasing immigration of Chinese labourers to the territory of the United States and the embarrassments consequent upon such immigration now desires to negotiate a modification of the existing Treaties which shall not be in direct contravention to their spirit."
In 1882, the Chinese Exclusion Act was passed, forbidding (for ten years) the immigration of skilled and unskilled laborers from China to the United States. The rights of prior immigrants were not significantly amended. An 1884 Amendment to the Chinese Exclusion Act required Chinese citizens to obtain re-entry permits if they wished to return after temporarily leaving the United States. On October 1, 1888, the United States government passed the Scott Act. Authored by William Lawrence Scott of Pennsylvania, the act was signed into law by United States President Grover Cleveland on October 1, 1888. The act forbade re-entry of Chinese immigrants to the United States who would not otherwise be eligible to enter the United States if immigrating for the first time. This went against the privileges that the Burlingame Treaty gave Chinese immigrants to the United States.
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