Police the border: Justice field on immigration as a police power

A “Chinese Wall” at the Nation's Borders: Justice Stephen Field and The Chinese Exclusion Case

“…But for Field, an unqualified right to exclude operated on a different principle from a nation's relationship with persons within its borders. 57 Within U.S. borders, all immigrants who entered with permission and were "from a country at peace with us" are entitled to "all the guarantees for the protection of their persons and property which are secured to native-born citizens." 58 Whatever the Court intended in all of its Chinese cases in this period, they have been taken to mean that there were no constitutional limitations on the power of Congress to regulate immigration.…”

“…The Chinese Exclusion Case seemed to endorse a "police power" for Congress for the first time. 40 In briefs before the Court, Chae Ping's lawyers argued that he was a returning U.S. resident from a country at peace with the United States. If the two countries were at war, Ping's lawyers conceded that he could be excluded.…”

“…But for Field, an unqualified right to exclude operated on a different principle from a nation's relationship with persons within its borders. 57 Within U.S.…”