Trump v. Barbara · ¶261
The case, and the arguments made in it, arose out of the unique circumstances of Chinese immigration in the late19th century. Hundreds of thousands of Chinese immigrated to the United States during this time. They were met with considerable hostility. By statute, Chinese settlers could not be naturalized. See In re Ah Yup, 1 F. Cas. 223, 223–225 (CC Cal. 1878); Fong Yue Ting v. United States, 149 U. S. 698, 724 (1893). Congress then banned Chinese immigration in the Chinese Exclusion Act of 1882. See Act of May 6, 1882, ch. 126, 22 Stat. 58–61. Meanwhile, if a Chinese person renounced his allegiance to China, the Chinese Government could behead him upon his return, sell his family as slaves, and banish his relatives. See Wong Kim Ark, 169 U. S., at 725, n. 1; Justice John Marshall Harlan: Lectures on Constitutional Law, 1897–98, Lecture No. 27 (May 7, 1898), in 81 Geo. Wash. L. Rev.…Read in context ›
slip opinion, revised 7/01/26
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