The Right to Remain: A Victory in Federal Court
Judge Hanford rules that a Japanese laborer cannot be deported as a 'pauper' by immigration inspectors, asserting a right to due process.
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Judge Hanford yesterday signed an order in the federal court, granting the application of T. Yamasaka, a Japanese man, for a writ of habeas corpus. It is thought that Immigration Inspector Walker, to whom the writ releasing Yamasaka is directed, will appeal from the order, the judge having raised an important question. Judge Hanford has maintained that a Japanese laborer cannot be deported by the immigration inspector as a pauper, having resided in the United States for any length of time, but is entitled to an examination regarding his right to remain.
“Judge Hanford has maintained that a Japanese laborer... is entitled to an examination regarding his right to remain.”
This 1899 case highlights the long-standing struggle for due process in immigration law within the Pacific Northwest. Today’s debates regarding legal residency and the rights of migrant workers reflect the same tension between administrative convenience and constitutional protections first tested in Seattle’s federal courts over a century ago.
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