Wong Wing v. United States

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Wong Wing v. United States
Seal of the United States Supreme Court
Argued April 1–2, 1896
Decided May 18, 1896
Full case nameWong Wing v. United States
Citations163 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
MajorityShiras, joined by Harlan, Gray, Brown, White, Peckham
Brewer took no part in the consideration or decision of the case.

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. In 1892, Wong Wing and three others were sentenced under the Geary Act, an extension of the Chinese Exclusion Act, to imprisonment at hard labor at the Detroit House of Labor, and deportation.[1] In finding for the plaintiff, the Court voided the imprisonment provisions of the Act.[2][3]

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.

See also[edit]


  1. ^ Wong Wing v. United States, 163 U.S. 228 (1896).
  2. ^ "Wong Wing v. United States". Oyez.org. Retrieved 2016-02-28.
  3. ^ Kelly Lytle Hernandez, City of Inmates: Conquest, Rebellion, and the Rise of Human Caging in Los Angeles, 1771 - 1965, The University of north Carolina Press, Chapel Hill, 2017, Chapter 3: "Not Imprisonment in a Legal Sense"

External links[edit]