BUGAJEWITZ V. ADAMS, 228 U. S. 585 (1913)

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U.S. Supreme Court

Bugajewitz v. Adams, 228 U.S. 585 (1913)

Bugajewitz v. Adams

No. 239

Submitted April 21, 1913

Decided May 12, 1913

228 U.S. 585


Congress has power to order the deportation of aliens whose presence in the country it deems hurtful, and this applies to prostitutes regardless of the time they have been here.

The determination of whether an alien falls within the class that Congress had declared to be undesirable, by facts which might constitute a crime under local law, is not a conviction of crime, nor is deportation a punishment.

Page 228 U. S. 586

The prohibition of ex post facto laws in Art. I, § 9 of the federal Constitution has no application to the deportation of aliens.

There is a distinction between the words "as provided" and "in the manner provided;" the former may be controlled by an express limitation in the statute, while the latter must not be so controlled, and so held that the limitation in § 3 of the Act of February 20, 1907, was stricken out by the Act of February 26, 1910, notwithstanding a reference in the latter act to a section in the former act in which the limitation was referred to.

The facts, which involve the power of Congress to deport aliens and the construction of the Acts of Congress relating to deportation of alien prostitutes, are stated in the opinion.

Page 228 U. S. 590

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