Case Law
Which SCOTUS case affirmed birthright citizenship for people born within the territorial US?
United States vs Wong Kim Ark
Which 1875 law prohibited the entry of Chinese women into the US?
The Page Act
How does the Constitution divide the power over immigration between the branches (ie: what is the job of each branch)?
Congress writes the law (Article 1)
Executive enforces the law (Article 2)
Courts make sure the law is fairly written and enforced (Article 3)
What is plenary power?
The principle that the federal government has absolute, unreviewable authority over immigration law and its enforcement.
What was the rule of law produced by Dred Scott v. Sanford?
People of African descent brought to the United States and held as slaves, as well as their descendants (either slave or free), are not considered citizens of the United States and are not entitled to the protections and rights of the Constitution.
Which SCOTUS case affirmed federal authority to deport noncitizens?
Fong Yue Ting vs United States
Which law excluded Chinese laborers, meaning "skilled and unskilled laborers and Chinese employed in mining", from entering the country for ten years under penalty of imprisonment and deportation
The Chinese Exclusion Act
Which Constitutional amendment ensured birthright citizenship for everyone born in the US?
đź’•The Fourteenth Amendmentđź’•
What is consular nonreviewability?
The doctrine that the decisions made by consular officers are not reviewable by courts.
Common Sense
Which SCOTUS case produced the doctrine of consular nonreviewability?
Ekiu vs United States
According to the Naturalization Act of 1906, who was allowed to become a US citizen?
"free white persons" and "persons of African nativity or persons of African descent"
From which amendment is protection against federal deprivation of liberty, life, and property derived?
đź’•The Fifth Amendmentđź’•
What are three examples of "compelling government interest"?
National security
Public health
Crime prevention
What argument for "whiteness" did Takao Ozawa make before SCOTUS?
Educated in US, only spoke English, Christian, raised his kids only speaking English at home.
Which case established the principle that government restrictions targeting a specific racial group are inherently suspect and subject to strict scrutiny?
Korematsu v United States
What did Public Law 503 do?
Public Law 503 provided the criminal penalties for violating military orders issued under Executive Order 9066, giving the government enforcement power to mass incarcerate Japanese Americans during World War II
Which executive agency is primarily responsible for enforcing the law?
Department of Homeland Security
(formerly, it was US Customs)
What are the two types of birthright citizenship?
Jus soli
Jus sanguinis
Name one way women were impacted by exclusionary citizenship laws (which men weren't)
Women in the early 20th century could lose citizenship if they married a noncitizen
Asian women barred by Page Act
"Public charge" suspicions
Which SCOTUS case reasoned that the Japanese in the US were a "suspect race", and how did they justify this?
Hirabayashi v United States
Why did the Court in Fong Yue Ting describe deportation as an administrative procedure–not a punishment– and why does that administrative authority matter? (multiple right answers lol)
Because deportation is classified as civil and administrative, the full set of criminal procedural rights (jury trial, protection against cruel punishment, exclusion of illegally obtained evidence) do not apply.
Administrative control gives the executive branch immense discretion: officials can detain, defer, or remove individuals with minimal oversight.
Historically, this distinction has enabled racialized enforcement because courts have said these are “political,” not “rights” questions. In practice, it means entire groups can be targeted under the guise of administrative efficiency or national security.
What is the difference between procedural and substantive due process?
Procedural: ensures fair access to/procedural justice
Substantive: protects fundamental individual rights from arbitrary government interference, ensuring there is a sufficient reason for the government to restrict them.
What three tests must a law pass to withstand strict scrutiny?
1. The law must show compelling government interest
2. The law must be narrowly tailored
3. There must be no other (less damaging) option
What arguments for assimilation did Thind make in his SCOTUS case?
He was "scientifically" Caucasian (linguistic roots)
He had served in the US military
He was high caste