Ortalan. and Bar to like effect. and distinguishes between three modes of removing a person from this country. "Transportation is by way of punishment of one convicted of an offense against the laws of the country. Extradition is the surrender to another country of one accused of an offense against its laws. there to be tried. and. if found guilty. punished. Deportation is the removal of an alien out of the country simply because his presence 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." Mr. Justice Gray. for the court. proceeds to say: "The power to exclude or to expel aliens. being a power affecting international relations. is vested in the political departments of the Government. and is to be regulated by treaty or by act of Congress and to be executed by the executive authority according to the regulations so established. * * * Congress might intrust the final determination of the facts to an executive officer. and. if it did so. his order was due process of law." Finally. "The power to exclude aliens and the power to expel them rests upon one foundation. are derived from one source. are supported by the same reasons. and are in truth but parts of one and the same power. The power of Congress. therefore. to expel. like the power to exclude. aliens or any specified class of aliens from the country may be exercised entirely through executive officers. or Congress may call in the aid of the judiciary to ascertain any contested facts on which an aliens right to be in the country has been made by Congress to depend." (149 U.
Keywords matched
Deportation