Published online by Cambridge University Press: 22 April 2022
This is a case about racial exclusion from the border. Specifically, this case concerns the constitutionality of the Chinese Exclusion Act of 1882 (CCA) and subsequent amendments to that provision enacted by Congress,2 which ban the return of a noncitizen permanent resident of this country on the basis of his race – because he is Chinese. As we explain below, this immigration racial ban violates the Due Process Clause of the Fifth Amendment and, thus, must be deemed unconstitutional. We therefore invalidate the CCA and hold that the Constitution prohibits Congress from passing laws that exclude noncitizens on the basis of race.