The United States certioraried the case to the United States Supreme Court. The United States Supreme Court passed upon the case and Strecker is a free man. The same rights which were exercised by Joe Strecker are open. free. and available to every alien who may become involved in deportation proceedings. The pending bill does not take away any right whatsoever of the kind to which Joe Strecker resorted. Every alien has them and will continue to have them. The pending bill deals only with those aliens as to whom the warrant of deportation may have become final. As to such aliens. this bill has no effect whatsoever. unless deportation cannot te effected after the warrant of deportaton becomes final. Then. aftpr our duly constituted authorities. administering the law we wrote. have solemnly adjudged that they are unfit to live here and should be deported. and that order has stood the test of the covrts. if the alien sees fit to invoke their ruling. and only if the government of the aliens homeland shall have failed or refused to grant him permission to come back homeor for any other reason the order of deportation cannot be effectuatedthen and not until then does this bill come into action. It simply provides that under these circumstances our law and our sovereign right to deport the four worst classes of such aliens may not be longer set at naught by foreign governments. It requires that such aliens of the four worst classes shall be taken into custody and confined. though not at hard labor. pending departure arrangements or passport. If and when the order of the Secretary of Labor has been issued for this further detention in aid of deportation. this bill gives every alien subject to such an order the right of petition to the circuit court of appeals with or without resort to the petition for the writ of habeas corpus. . The jurisdiction of the circuit courts of appeals is enlarged so that they may hear and determine the question of the validity of the detention of any such alien. In view of the fact. therefore. that at all times prior to the final order of deportation every alien has the right of habeas corpus unsuspended. the right of appeal from an adverse ruling. and the same right. substantially. after the order of detention under this bill. and in view of the fact that in the case of Lai To Hong v. Ebey (25 Fed.. (2d) 714) the Circuit Court of Appeals of the Seventh Circuit declared the law to be: This (deportation) statute is valid. though It provides an administrative instead of a judicial hearing. an alien remaining unlawfully in this country having no right to a hearing unless it be accorded him by Congress. It seems to me that instead of being criticized for an alleged failure of this bill to respect wholly the rights of aliens. w2 might be subject to criticism for extreme liberality in that regard. Some other gentlemen seem to be worried by the fear that this law would be an ex post facto law within the condemnation of our Constitution.
Keywords matched
deported deportation