In the 1890 case of Wan Shing v. United States, Chinese immigrant Wan Shing challenged his deportation order under the Chinese Exclusion Act of 1882. The act was a federal law that suspended immigration from China for ten years and declared Chinese immigrants ineligible for naturalization as American citizens. It also provided provisions to deport any Chinese person found unlawfully within the U.S., which applied to Wan Shing's situation. He argued that he had been in America before the enactment of this law and thus should not be subject to its terms. The Supreme Court ruled against him, stating that Congress has plenary power over immigration policy and can enact laws affecting even those who arrived before such laws were passed if it deems necessary for public safety or interest. Therefore, despite being present in America prior to the passage of this exclusionary legislation, Wan Shing could still legally be deported under its provisions.

In the dissenting opinion for Wan Shing v. United States, Justice Field disagreed with the majority's decision to uphold a law that denied Chinese laborers re-entry into the U.S. after visiting their homeland unless they had a certificate from an American consul in China. He argued that this was unconstitutional as it violated international law and infringed upon individual rights of liberty and property without due process of law. He contended that Congress did not have unlimited power over immigration policy, especially when such policies conflicted with fundamental principles of justice or natural rights recognized by civilized nations. Furthermore, he believed these restrictions were discriminatory against Chinese immigrants specifically which contradicted equal protection under the laws guaranteed by Fourteenth Amendment.