Chin Bak Kan v. United States
"Chin Bak Kan v. United States" revolves around the case of Chin Bak Kan, a Chinese laborer who unlawfully entered the United States through Canada in 1901. Upon his arrest, he was found guilty of violating the Chinese Exclusion Act, which had been enacted to restrict Chinese immigration and prevent certain Chinese nationals from residing in the U.S. Kan's appeal against his deportation was based on procedural issues, yet the U.S. district court upheld the initial deportation order.
The Supreme Court later unanimously confirmed the district court’s decision, with Chief Justice Melville Fuller highlighting the historical context of the Chinese Exclusion Acts. The Court's opinion emphasized the procedural aspects of Kan's case, noting that although there were minor defects in the process, they did not undermine the authority of the commissioner who ordered the deportation. Importantly, the Court stated that Kan failed to provide sufficient evidence to prove his right to remain in the U.S. This case illustrates the legal challenges faced by Chinese immigrants in the early 20th century amidst a backdrop of restrictive immigration laws.
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Subject Terms
Chin Bak Kan v. United States
The Case: U.S. Supreme Court decision on the Chinese Exclusion Acts
Date: Decided on June 2, 1902
Significance:The decision demonstrated that the majority of the justices sympathized with the vigorous enforcement of the Chinese Exclusion Acts and that they were not disposed to allow minor procedural defects to interfere with the deportation of persons entering the country illegally.
In 1901, Chin Bak Kan, a Chinese laborer, surreptitiously entered the state of New York through Canada. Following Kan’s arrest, a U.S. commissioner for the Northern District of New York found him guilty of violating the most recent Chinese Exclusion Act and ordered his immediate deportation to China. Kan appealed the order on procedural grounds, but the U.S. district court approved the deportation.
The Supreme Court unanimously upheld the district court’s judgment. Writing the opinion for the Court, Chief Justice Melville Fuller reviewed the history of the Chinese Exclusion Acts and considered the principles of due process utilized in the proceedings. Although finding a few minor defects, he concluded that they did not affect the authority of the commissioner or the validity of the deportation order. The fact that a U.S. commissioner rather than a judge had ordered the deportation was not problematic because the law delegated this power to commissioners. In Fuller’s view, the crucial issue was Kan’s inability to establish by “affirmative proof, to the satisfaction of such justice, judge, or commissioner, his lawful right to remain in the United States.”
Bibliography
Chang, Iris. The Chinese in America: A Narrative History. New York: Viking Press, 2003.
McClain, Charles J. In Search of Equality: The Chinese Struggle Against Discrimination in Nineteenth-Century America. Berkeley: University of California Press, 1994.