Enforcement of the
Chinese Exclusion Laws
Asian Americans and the Law
Dr. Steiner
Act of July 5, 1884, 23 Stat. 115

The certificate herein provided for shall
entitle the Chinese laborer to whom the same
is issued to return to and re-enter the United
States upon producing and delivering the
same to the collector of customs of the district
at which such Chinese laborers shall seek to
re-enter, and said certificates shall be the only
evidence permissible to establish his right of
re-entry. . .
Chew Heong v. United States,
112 U.S. 536 (1884)

The entire argument in support of the judgment
below proceeds upon the erroneous assumption that
congress intended to exclude all Chinese laborers of
every class who were not in the United States at the
time of the passage of the act of 1882, including
those who, like the plaintiff in error, were here when
the last treaty was concluded, but were absent at the
date of the passage of that act. . . . [T]he courts
uniformly refuse to give to statutes a retrospective
operation, whereby rights previously vested are
injuriously affected, unless compelled to do so by
language so clear and positive as to leave no room to
doubt that such was the intention of the legislature.
Lorenzo Sawyer to Matthew P. Deady,
Dec. 22, 1884

[I]t is some consolation, after all the lying,
abuse, threatening of impeachment etc. as to
our construction of the Chinese restriction act,
and the grand glorification of brother Field for
coming out here and so easily, promptly and
thoroughly sitting down on us and setting us
right on that subject to find that we are not so
widely out of our senses after all.
Ellis Island



Main port of entry for European immigrants
whose immigration was restricted but not
excluded
Immigrants at Ellis Island spent a few hours
or at most a few days
Ellis Island was a processing station

Erika Lee, At America’s Gates
Angel Island


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Chief port of entry for Chinese immigrants from
1910-1940 whose entry was excluded but for some
exceptions
The Chinese on Angel Island spent weeks, months,
even years detained
Angel Island’s purpose was to keep immigrants out

Erika Lee, At America’s Gate
Angel Island and Ellis Island



Between 1891 and 1910, European
immigrants filed only 273 habeas corpus
petitions
Between 1891 and 1905, Chinese in San
Francisco filed 2,657 petitions
Sixty thousand Chinese applied for admission
into U.S. while almost six million nonChinese entered
Angel Island Poetry
Three Poems
American laws are fierce like tigers:
People are jailed inside wooden walls.
Detained, interrogated, and tortured,
Birds plunged into an open trap—O, sufferings!
Tragedy, to whom can I complain—
I yell to the sky: There is no way out!
If only I had known the difficulty of passing the Golden
Gate!
Fed up with this treatment, I regret my journey here
Three Poems
In search of petty gains,
Idle in my obscure village home,
I took the perilous journey and risk to America.
I met immigration officers interrogating me.
Just for a lapse of memory—
I am sent and imprisoned in a wild mountain
Where a brave man finds no use for his might
And cannot go one step beyond the confine.
Three Poems
So liberty is your national principle;
Why is it that you practice autocracy?
You uphold not justice, O, you Americans;
You confine me in prison and watch me closely.
Officials: wolves and tigers—
You are ruthless, you want to swallow me.
I am innocent, yet treated guilty; how can I take this?
When can I get out of this prison and find happiness?
Another Angel Island Poem

Imprisoned in the wooden building day after day,
My freedom is withheld; how can I bear to talk about it?
I look to see who is happy but they only sit quietly.
I am anxious and depressed and cannot fall asleep.
The days are long and bottle constantly empty;
My sad mood even so is not dispelled.
Nights are long and the pillow cold; who can pity my
loneliness?
After experiencing such loneliness and sorrow,
Why not just return home and learn to plow the fields?
Detention

Men and women—
even husband and
wife—were separated
until they were
admitted
Class Bias and Exclusion Enforcement

Passengers who traveled in first or second class
usually were released on their first day of arrival
while third-class passengers were brought to the
detention center
Immigration Officials
Immigration Officials in California



Immigration officials had been leaders of the
anti-Chinese movement in California
John H. Wise, collector of customs in San
Francisco from 1892 to 1898, described
himself as a “zealous opponent of Chinese
immigration”
While the statute permitted non-laborers to
enter with the proper certificate, Wise
required more proof than the statute required
John Wise and Wong Fong

Wise denied Wong Fong entry and wrote the
following to his lawyer H.A. Ling:
Now poor old Wong Fong, he feels quite ill,
As I am told by Ling
And won’t eat any nice birds’ nest
Nor even will he sing
So just to make this poor Wong Fong
Feel very good and nice
I’ve sent him back to China
Where he can eat his mice.
Merchant’s wives

Chinese women who were
merchants’ wives had to
prove:
 Husbands were merchants
 They were indeed married
Interrogating Wives

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What presents or ornaments has your husband given you?
When did your husband give you the hair ornament?
Did he buy the hair ornament in his home village?
Did you really wear the head-dress and beaded veil at your
wedding?
Just when did you wear the head-dress?
How long did you wear the head-dress?
Did you wear it while you served tea?
Who were the guests that you poured tea for?
Salyer, Captives of Law


How does the Chinese experience in the
federal courts run counter to the traditional
assumptions about the history of immigration
and the courts?
The traditional account has been that federal
courts deferred to administrative agencies; but
Chinese immigrants repeatedly won when
challenging decisions that denied entry
Salyer,
Captives of Law


By 1890, Chinese had
filed over 7,000
petitions challenging
entry decisions
They had won between
85-90 per cent
Salyer, Captives of Law


Who were the “captives of law”? How were
they captured?
Federal judges, who shared the anti-Chinese
feelings of most white Americans, nonetheless
were constrained by institutional norms (writ
of habeas corpus, rules of evidence)
Salyer, Captives of Law


What role did family and district associations
play in the litigation involving Chinese
immigrants?
Chinese arriving in San Francisco found a
network of family and service associations
who would help with immigration problems
and help hire a lawyer. The Chinese Six
Companies had a lawyer on retainer.
Salyer, Captives of Law


What was the importance of the writ of
habeas corpus?
“For the judges of the court, the writ of
habeas corpus had an honored place in AngloAmerican jurisprudence; it evoked the basic
principle of the liberty of the individual from
the arbitrary act of government.”
In re Jung Ah Lung,
25 F. 141 (N.D. Cal. 1885)

But the section affords no color to the extraordinary
pretension that the result of that examination shall be
final and conclusive upon the rights of passengers.
Such an abrogation of the writ of habeas corpus,
which has always been considered among Englishspeaking peoples the most sacred monument of
personal freedom, must be unmistakably declared by
congress before any court could venture to withhold
its benefits from any human being, no matter what
his race or color.
In re Chin Ah Sooey,
21 F. 393 (D.C.D. Cal. 1884)(Hoffman)

That any human being claiming to be
unlawfully restrained of his liberty has a right
to demand a judicial investigation into the
lawfulness of his imprisonment, is not
questioned by any one who knows by what
constitutional and legal methods the right of
liberty is secured and enforced by at least all
English-speaking peoples.
Salyer, Captives of Law


What was the “special procedure” used in the Chinese
immigrant cases in the federal courts of the Northern
District of California?
A Chinese litigant who filed a writ was brought before
a U.S. Attorney for an examination without a lawyer.
A statement would be taken that could be used in
court. Later the preliminary examination would be
dropped but a commissioner instead of a judge would
have a hearing and make recommendations to the
court.
Salyer, Captives of Law


Why was the “special procedure” used in the
Chinese immigrant cases?
Because Judge Hoffman and the United States
Attorney believed that it would get to the truth
of the matter. The usual court proceedings
wouldn’t work because of the lack of
documentation and the purported unreliability
of Chinese litigants
Salyer, Captives of Law


If Chinese immigrants in habeas corpus cases
provided positive, uncontradicted testimony
would they automatically win?
Nor necessarily. Ordinarily, such testimony
would mean that the Chinese petitioner would
win. But the Supreme Court ruled in Quock
Ting (1891) that a court could decide against a
petitioner even where his testimony was
uncontradicted.
Salyer, Captives of Law


What does Salyer believe explains the
difference in results between the hearings
before the collectors of customs and those
before the commissioner or judges?
The commissioner overturned the collector’s
decision around 80 % of the time. The
commissioners adhered to favorable
evidentiary standards and allowed petitioners
to be represented by lawyers.
Blocking Judicial Review
Act of August 18, 1894, 28 Stat. 390

In every case where an alien is excluded from
admission into the United States under any
law or treaty now existing or hereafter made,
the decision of the appropriate immigration or
customs officers, if adverse to the admission
of such alien, shall be final, unless reversed
on appeal to the Secretary of the Treasury.
Administrative Rule 21

The burden of proof in all cases rests upon Chinese
persons claiming the right of admission to or residence
within the United States to establish such right
affirmatively and satisfactorily to the appropriate
government officers, and in no case in which the law
prescribes the nature of the evidence to establish such
right shall other evidence be accepted in lieu thereof,
and in every doubtful case the benefit of the doubt
shall be given by administrative officers to the United
States government
Salyer, Captives of Law


What was the significance of the decisions of
United States Supreme Court in United States
v. Sing Tuck and United States v. Ju Toy?
These cases limited the ability of Chinese to
challenge decisions made by immigration
officials in federal court.
Salyer, Captives of Law


After 1894 most types of immigrant cases
couldn’t be reviewed by the courts. What was
the notable exception?
Birthright citizenship.
United States v. Sing Tuck,
194 U.S. 161 (1904)

Whatever may be the ultimate rights of a person
seeking to enter the country, and alleging that he is a
citizen, it is within the power of Congress to provide,
at least, for a preliminary investigation by an
inspector, and for a detention of the person until he
has established his citizenship in some reasonable
way. If the person satisfies the inspector, he is
allowed to enter the country without further trial.
Now, when these Chinese, having that opportunity,
saw fit to refuse it, we think an additional reason was
given for not allowing a habeas corpus at that stage.
United States v. Sing Tuck,
194 U.S. 161 (1904)

We are of opinion that the attempt to disregard and
override the provisions of the statutes and the rules
of the Department, and to swamp the courts by a
resort to them in the first instance, must fail. We may
add that, even if it is beyond the power of Congress
to make the decision of the Department final upon
the question of citizenship, we agree with the circuit
court of appeals that a petition for habeas corpus
ought not to be entertained unless the court is
satisfied that the petitioner can make out at least a
prima facie case. A mere allegation of citizenship is
not enough.
Justice Brewer’s Dissent
in United States v. Sing Tuck (1904)

Coming into a port of the United States, . . . placed
as they were in a house of detention, shut off from
communication with friends and counsel, examined
before an inspector with no one to advise or counsel,
only such witnesses present as the inspector may
designate, and upon an adverse decision compelled
to give notice of appeal within two days, within three
days the transcript forwarded to the Commissioner
General, and nothing to be considered by him except
the testimony obtained in this Star Chamber
proceeding. This is called due process of law to
protect the rights of an American citizen, and
sufficient to prevent inquiry in the courts.
Star Chamber

The “Star Chamber” was an English court in
the 1400s that became notorious for its
arbitrary methods and severe punishments.
The court was so named because the court
chamber had a pattern of stars on a dark blue
background painted on its ceiling. The court
became so reviled that Star Chamber became
a byword for unfair judicial proceedings.
Justice Brewer’s Dissent in
United States v. Sing Tuck (1904)

Must an American citizen, seeking to return to this
his native land, be compelled to bring with him two
witnesses to prove the place of his birth or else be
denied his right to return, and all opportunity of
establishing his citizenship in the courts of his
country? No such rule is enforced against an
American citizen of Anglo-Saxon descent, and if this
be, as claimed, a government of laws and not of
men, I do not think it should be enforced against
American citizens of Chinese descent.
United States v. Ju Toy,
198 U.S. 253 (1905)

[T]he decision [about citizenship] may be
intrusted to an executive officer, and . . . his
decision is due process of law . . . . [T]he
requirement of a judicial trial does not prevail
in every case.
Justice Brewer’s Dissent
United States v. Ju Toy


I do not see how any one can read those rules and hold
that they constitute due process of law for the arrest
and deportation of a citizen of the United States. . . . It
will be borne in mind that the petitioner has been
judicially determined to be a free-born American
citizen, and the contention of the government,
sustained by the judgment of this court, is that a
citizen, guilty of no crime--for it is no crime for a
citizen to come back to his native land--must, by the
action of a ministerial officer, be punished by
deportation and banishment, without trial by jury and
without judicial examination.
Such a decision is, to my mind, appalling.
The Chinese as “Illegal Alien”

It’s estimated that at least 17,000 Chinese
immigrants entered United States illegally
through Mexico or Canada during the
Exclusion era.
In the early 20th Century, what was the “illegal
alien” problem along the Texas-Mexico border?
Mexico


From 1907 to 1909,
2,492 Chinese were
arrested by U.S.
officials for illegal
entry from Mexico
It’s estimated that
1,000 to 2,000
Chinese migrated
illegally from
Mexico into U.S.
from 1876 to 1911
Border Crossings
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Chinese illegal immigration depended upon
networks in Mexico and United States,
including organized groups of smugglers
New Chinese arrivals in Mexico would be
given American money, Chinese-English
dictionaries, U.S. railroad maps, etc.
In El Paso, working-class Chinese and
Chinese merchants “banded together” to help
those who crossed illegally
Passing
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Smugglers would disguise Chinese as Mexicans or
Native Americans
Chinese would be dressed in “Indian garb” or “the
most picturesque Mexican dress”
They would receive forged Mexican citizenship
papers and learn some basic Spanish (“Yo soy
Mexicano”)
Chinese aboard steamships disembarking in Gulf
Coast ports would pass as blacks
Canada
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Canada restricted
Chinese immigration by
imposing $50 “head-tax”
But tax didn’t have to be
paid for ninety days
American officials
complained that
Canadian laws
“practically nullified”
U.S. efforts
“Smugglers’
Paradise”


The Vancouver-Puget
Sound area heavily
used for smuggling in
the opium trade, and
Chinese and their
guides used same boats
and routes
Border crossing cost
around $23-60 in
1890s and up to $300
in the 1900s
Canada, Mexico, and the United States


What were the differences between Canada
and Mexico in attitudes toward Chinese
immigrants?
How did the United States act differently in
its attempts to control its northern and
southern borders?


Border diplomacy and cooperation with Canada
Policing and deterrence along the border with
Mexico