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Chang Chan et al. v. John D. Nagle (1925)

Chinese wives of American citizens are detained by the immigration authorities because they do not have visas or rights of admission.
Should they have been permitted to enter the United States?



The Counsel

Frederick D. McKenney and George A. McGowan for Chang Chan; U.S. Assistant Attorney General Donovan for Commissioner of Immigration Nagle.

The Judge

U.S. Supreme Court Justice James C. McReynolds

Identification photograph of Leon Shee (Mrs. Toy Dye), 1906 (Courtesy of the National Archives and Records Administration, ARC # 296460)


1. U.S. law states that the consular officer has a duty to issue a visa to the wife of an American citizen.

2.Congress did not intend the Immigration Act to exclude from American soil the wife of any American citizen; Congress must have made a mistake in drafting the statute.

3. These Chinese wives have a right of entry into the country because they are married to American citizens and their domiciles are those of their husbands.

4. If these women are not admitted into the United States, their husbands will be permanently separated from them unless they abandon the country of their birth and citizenship.


1. Nagle conceded that consular officers must issue visas to such wives but that does not signify that they must be admitted; the Immigration Act of 1924 declares that an immigration visa shall not entitle an immigrant to enter if upon arrival he is found inadmissible under the immigration laws.

2. A statute must be read for its plain reading and cannot be construed differently.

3. The Immigration Act debars Chinese woman who married American citizens before the act's passage from coming here to join their husbands, because a provision of the act forbids admission of aliens ineligible for citizenship.

4. The hardships of this case cannot justify departing from the plain terms of the Immigration Act.

Continue to the Judgement
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