Brief - Fong Yue Ting

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1. Case Title and Citation : FONG YUE TING V. UNITED STATES, 149 U. S. 698 (1893) 2. Facts of the Case: a. In May of 1892, the Geary Act was passed. This act stated “any Chinese person or person of Chinese descent was deemed to be in the country illegally unless he or she could demonstrate otherwise. It also denied the right of bail to Chinese in habeas corpus proceeding, and required all Chinese in the U.S. to get a certificate of residence within a year.” b. Fong Yue Ting refused to register, while Lee Joe tried too, but was denied because his witnesses were Chinese and the law required “at least one credible witness other then Chinese” to attest. The Fong Yue Ting v. United States, the government upheld the law. 3. Issues: a. Does the government have the power to deny whether or not Chinese people can have to right to gain citizenship within the United States? 4. The Decision/Holding a. The decision/holding of the government was that the Fong Yue Ting v. United States case, the government had the right to deny them citizenship because of certain reasons. First, Lee Joe did not have a witness that was not Chinese. The policy states that a witness must not be Chinese, therefore the government didn’t grant Lee Joe citizenship. 5. Legal Rational a. Congress passed the Fong Yue Ting V. United States i. The Fong Yue Ting V. United States wanted to address the “Chinese immigration problem”. Since many Chinese immigrants were living in the United States illegally, the United States wanted to change and make it equal for everyone in the United States. In May of 1893, only 13,000 Chinese had registered while 90,000 had not. ii. The U.S. wanted to have the rights to determine who could live in the U.S. so it is fair for everyone. 6. Concurring/dissenting opinion a. This policy to me was outrageous. It violates the Constitution which states “ All men are

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