In re Sing Tuck

Citations

• 126 F. 386
• 1903 U.S. App. LEXIS 4333

Syllabus

<p>1. Constitutional Law — Exercise of Judicial Functions by Executive Officer — Determining Citizenship of Immigrant.</p> <p>Congress is without power, under the Constitution, to commit to the executive department of the government the right to determine finally the question of the citizenship of a person applying for admission into the United States; but under its power to exclude aliens it may 'properly commit the question in the first instance to the immigration officers, with plenary power to determine the facts on which citizenship depends, in doing which they act in a quasi judicial capacity, although not vested with any of the judicial power of the United States in a constitutional sense; and it is also competent to provide for an appeal from such decision to the head of an executive department, whose decision shall be final, and that if no appeal is taken the determination of the inferior officer' shall be final.</p> <p>2. Same.</p> <p>The Supreme Court of the United States has decided what facts must exist to constitute a Chinese person born within the United States a citizen thereof, and as the Department of Commerce and Labor is charged by the Constitution with the regulation of interstate and foreign commerce, including the coming of persons into the United States, Congress may devolve on the officers of that department the power to determine the existence or nonexistence of the facts on which the right to enter the United States depends. As such persons have a tribunal in which to be heard, a hearing on notice, with opportunity to present evidence, a judgment, and the right of appeal, all according to the law of the land, they are not denied due process of law.</p> <p>8. Chinese Exclusion — Determining Question of Citizenship — Conclusivenbss of Decision.</p> <p>Where Chinese persons applying for admission to the United States either make no claim to citizenship therein to the immigration inspector, or, if making such claim, fail or refuse to introduce