Louis Brandeis

“ To deport one who so claims to be a citizen obviously deprives him of liberty, as was pointed out in Chin Yow v. United States, 208 U.S. 8, 13, 28 Sup. Ct. 201, 52 L. Ed. 369. It may result also in loss of both property and life, or of all that makes life worth living. Against the danger of such deprivation without the sanction afforded by judicial proceedings, the Fifth Amendment affords protection in its guarantee of due process of law. ”

“ If the jurisdiction of the Department of Labor may not be tested in the courts by means of the writ of habeas corpus, when the prisoner claims citizenship and makes a showing that his claim is not frivolous, then obviously deportation of a resident may follow upon a purely executive order, whatever his race or place of birth ”

“ Neither Ng Fung Ho nor Ng Yuen Shew claims to be a citizen of the United States. Congress has power to order at any time the deportation of aliens whose presence in the country it deems hurtful, and may do so by appropriate executive proceedings. Bugajewitz v. Adams, 228 U.S. 585, 33 Sup. Ct. 607, 57 L. Ed. 978; Lapina v. Williams, 232 U.S. 78, 34 Sup. Ct. 196, 58 L. Ed. 515; Lewis v. Frick, 233 U.S. 291, 34 Sup. Ct. 488, 58 L. Ed. 967. Our task, therefore, so far as concerns these two petitioners, is merely to ascertain the intention of Congress. ”

“ One who has entered lawfully may remain unlawfully. This is expressly recognized in section 6 of the Act of May 5, 1892, under which the deportations here in question were sought. See Fong Yue Ting v. ”