Further. the same decision reads: But to declare unlawful residence within the country to be an infamous offense punishable by deprivation of liberty and property would be to pass out of the sphere of constitutional legislation. unless provision were made that the fact of guilt should first be established by a judicial trial. In other words. It is outside our power to do what the Hobbs bill says. because the deportee. the intended deportee. is not given a trial as to whether he is guilty of any offense. He is clamped into jail or a concentration camp just because his country of origin refuses to receive him.
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