The Japanese Immigrant Case
23 S. Ct. 611, 1903 U.S. LEXIS 1330, 189 U.S. 86 (1903)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
The deportation of an alien by an executive officer satisfies the Due Process Clause of the Fifth Amendment, provided the alien is given notice of the charges and a meaningful opportunity to be heard before deportation, even if that hearing is not a formal judicial trial.
Facts:
- Kaoru Yamataya, a citizen of Japan, entered the United States.
- Within one year of her arrival, immigration authorities began an investigation into her status.
- An immigration inspector determined that Yamataya was a "pauper or person likely to become a public charge," a class of aliens excludable under federal law.
- During the investigation, Yamataya was brought before the inspector and answered questions.
- Yamataya did not speak English and later asserted that she did not understand the nature or purpose of the proceedings.
- Based on his findings, the immigration inspector ordered Yamataya to be taken into custody for deportation.
Procedural Posture:
- Kaoru Yamataya was taken into custody by an Immigration Inspector for deportation.
- Yamataya filed a petition for a writ of habeas corpus in a federal trial court, arguing her detention was unlawful because she was denied due process.
- The federal trial court denied the petition for habeas corpus.
- Yamataya (appellant) appealed the trial court's decision to the U.S. Supreme Court.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the deportation of an alien by an executive officer, pursuant to an act of Congress, violate the Due Process Clause of the Fifth Amendment when the alien is not afforded a formal judicial hearing?
Opinions:
Majority - Mr. Justice Harlan
No. The deportation of an alien by an executive officer pursuant to an act of Congress does not violate the Due Process Clause of the Fifth Amendment, so long as the alien is afforded notice and an opportunity to be heard. Congress possesses sovereign power to exclude or expel aliens and may delegate the enforcement of these laws to executive officers. While these officers' decisions are considered 'due process of law,' they cannot act arbitrarily and must respect fundamental principles of liberty. Therefore, an alien subject to deportation must be given an opportunity to be heard on the questions involving her right to remain. The record shows Yamataya was questioned by the inspector, which constituted this opportunity, and her failure to understand English or administratively appeal to the Secretary of the Treasury does not invalidate the final deportation order.
Dissenting - Mr. Justice Brewer and Mr. Justice Peckham
Mr. Justice Brewer and Mr. Justice Peckham dissented without a written opinion in the provided text.
Analysis:
This landmark decision affirmed the government's broad authority over immigration while establishing a critical floor for procedural rights for aliens already within the United States. By incorporating the "opportunity to be heard" principle into administrative deportation proceedings, the Court created a foundation for procedural due process in administrative law. The ruling clarifies that while Congress can bypass the judiciary for immigration enforcement, it cannot authorize executive officers to act with absolute, arbitrary power, thereby ensuring a minimum level of fairness for non-citizens facing deportation.
