Wong Wing v. United States

Wong Wing v. United States, 163 U.S. 228 (1896), was a United States Supreme Court case in which the Court found that the 5th and 6th Amendments to the U.S. Constitution forbid the imprisonment at hard labor without a jury trial for non citizens convicted of illegal entry to or presence in the United States.

Wong Wing v. United States
Supreme Court of the United States
Argued April 1–2, 1896 Decided May 18, 1896
Full case name	Wong Wing v. United States
Citations	163 U.S. 228 (more) 16 S. Ct. 977; 41 L. Ed. 140; 1896 U.S. LEXIS 2260
Court membership
Chief Justice Melville Fuller Associate Justices Stephen J. Field · John M. Harlan Horace Gray · David J. Brewer Henry B. Brown · George Shiras Jr. Edward D. White · Rufus W. Peckham
Case opinions
Majority	Shiras, joined by Harlan, Gray, Brown, White, Peckham
Concur/dissent	Field
Brewer took no part in the consideration or decision of the case.

In 1892, a federal immigration judge sentenced four men; Wong Wing, Lee Poy, Lee You Tong, and Chan Wah Dong to 60 days of imprisonment and hard labor at the Detroit House of Corrections, followed by deportation. The men were convicted of unlawful residence under the Geary Act, an extension of the Chinese Exclusion Act.[1] The men's lawyer, Frank H. Canfield, appealed the imprisonment portion of their sentence until the case reached the Supreme Court. The Court found that immigration courts could not punitively detain non-citizens, rather that non-citizens can be detained to prevent further crimes prior to deportation.[2] Immigration detention was found to be "not imprisonment in the legal sense"[3][4]

This case established that non-citizens subject to criminal proceedings are entitled to the same constitutional protections available to citizens. The ruling was issued on the same day as the court upheld racial segregation laws in its infamous Plessy v. Ferguson decision.