DEPORTATION. In Roman Law. A per petual banishment, depriving the banished of his rights as a citizen: it differed from rele gation (q. v.) and exile (q. v.): 1 Bro. Civ. Law, 125, n.; Inst. 1. 12. 1;' Dig. 48. 22. 14. 1.
In Modern Law. "The removal of an alien out of the country, simply because his pres ence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated, either under the laws of the country out of which he is sent, or under those of the country to which he is taken." Fong Yue Ting v. U. S., 149 U. S. 709, 13 Sup. Ct. 1016, 37'L. Ed. 905. It differs from transportation (q. ix), which is by way of 'punishment of one convicted of an offence against the laws of the country ; and from extradition (q, v.), which is the surrender to another country of one accused of an offence against its laws, there to be tried, and, if found guilty, punished ; id. It is not a crim inal proceeding ; U. S. v. Hing Quong Chow, 53 Fed. 233..
The right 'of a nation to expel or deport foreigners who have not been naturalized or taken any steps towards becoming citizens of the country, rests upon the same grounds, and is as absolute and unqualified as the right to prohibit and prevent their entrance into the country ; Fong Yue Ting v. U. S., 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905, which holds, by a divided court, that, this right exists even 'though such persons be subjects of a friendly power and have ac quired a domicile in this 'country. This case follows Vattel, ,Law, of Nations §' 230.; Or tolan, Dipi. de la Mer 297 ; 1 PhIll. Int. L. § 220; Bar, Int. Law (Gillespie's ed.) 708.
None of the guaranties of the United States constitution, first amendment, respecting freedom to worship, speak, publish or peti tion, are infringed by the immigration act of March 3, 1903, for the exclusion and deporta tion of alien anarchists ; U. S. v. Williams, 194 U. S. 279, 24 Sup. Ct. 719, 48 L. Ed. 979.
So the child of an alim born abroad, whose father afterwards comes here and is naturalized, can be excluded and deported if found to be suffering from a contagious dis ease ; Zartarian v. Billings, 204 U. S. 170,
27 Sup. Ct. 182, 51 L. Ed. 428.
Deportation is an inherent sovereign pow er ; Tiaco v. Forbes, 228 U. S. 549, 33 Sup. Ct. 585, 57 L. Ed. —. Congress has the power to deport aliens whose presence is deemed hurtful, and this applies to prosti tutes, regardless of hOw long they have been here ; Bugajewitz v. Adams, 228 U. S. 585, 33 Sup. Ct. 607, 57 L. Ed.
In England, the only question has been whether deportation could be exercised by the king without the consent of parliament. It was formerly exercised by the king, but in later times by parliament. See 2 Inst. 57 ; 1 Bla. Com. 260; 6 Law Quart. Rev. 27. A British colonial governor has exercised it; 1 Moore, P. C. 460. See App. Cas. (1891) 272, Congress may exercise the power through the executive, or may call in the judiciary to ascertain contested facts; Fong You Ting v. U. S., 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905.
See ALIEN-LABOR; ANARCHIST; CHINESE; CITIZEN ; NATURALIZATION ; HENvoi.
Under the act of August 18, 1894, the deci sion of the secretary of commerce of the right of a person of Chinese descent to enter the United States is conclusive on the fed eral courts, though citizenship, and not dom icil, is the ground on which the right of en try is claimed ; 1J. S. v. Ju Toy, 198 U. S. 253, 25 Sup. Ct. 644, 49 L. Ed. 1040. If he enters unlawfully, he may be deported by the secretary of commerce; Prentis v. Seu Leung, 203 Fed. 25, 121 C. C. A. 389.
"Moral turpitude," as ground of exclusion of an alien, means an act of baseness, vile ness or depravity in the private and social' duties which one owes to society, and as ap plied to offences includes only such crimes as manifest personal depravity or baseness; U. S. v. Uhl, 203 Fed. 152 ; publishing a crim inal libel against King George V, of which the person seeking entrance had been con victed and sentenced to one year's imprison ment in England is not ground of exclusion; id., affirmed, U. S. v. Uhl, 210 Fed. 860.