In the 1903 case of Tom Hong, alias Hom Poe v. United States, the U.S Supreme Court upheld a decision by lower courts to deny citizenship to Tom Hong due to his Chinese descent. The court ruled that under the Naturalization Act of 1870 and its amendments, only "free white persons" and "aliens of African nativity or persons of African descent" were eligible for naturalized citizenship in America. As such, individuals from other racial backgrounds like Mr. Hong could not become citizens through naturalization processes at that time regardless of their length or nature of residency in America. This ruling reinforced racially discriminatory immigration laws prevalent during this era which significantly limited opportunities for immigrants outside these categories.

In the dissenting opinion for Tom Hong, Alias Hom Poe v. United States (1903), Justice Harlan argued that the majority's decision was a misinterpretation of immigration law and an overreach of judicial power. He contended that Congress did not intend to exclude Chinese laborers who had legally resided in the U.S before leaving temporarily with valid certificates allowing re-entry. The majority's interpretation effectively nullified these certificates without explicit congressional intent to do so, which he viewed as unconstitutional judicial legislation. Furthermore, Harlan expressed concerns about due process rights being violated by denying entry based on administrative decisions without providing opportunities for legal challenge or review.