The Congress can provide machinery whereby the political department of the Government may exclude or expel an alien. and it is due process of law when that department of the Government uses that machinery. As the Supreme Court said in 142 U. S.. "It belongs to the political department." I proposed that if the alien anarchist neglected or refused to obey the order of the Secretary of the Treasury. r eluded the execution of such order deporting him. or should return after such deportation. then the alien anarchist could be arrested. and. on conviction of refusal or neglect to obey such order of the Secretary of the Treasury. should be imprisoned for a short time. and for a second offensereturning a second time. for instancebe imprisoned for a longer term. If there had been an error of identity. the wrong man. if ordered into banishment upon such trial. might be relieved from deportation. I would not obstruct the executive department by any other judicial intervention. But I agree with the Senator that Congress could put this power to deport aliens in the hands of the executive department alone and that in such cases their procedure is due process of law.
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deportation deporting