Immigration · Primary-source case analysis

Fong Haw Tan: Deportation Statutes Must Be Read Narrowly When Liberty Is at Stake

By Aneeta Mishra and Timothy Chan

Published May 14, 2026

Fong Haw Tan v. Phelan applied a strict-construction principle to a statute authorizing deportation for certain narcotics convictions.

Two convictions arose from related conduct

The government treated the convictions as separate statutory triggers for mandatory deportation.

Deportation carries severe consequences

The Court required Congress to speak clearly before attaching the harsh result urged by the government.

Ambiguity was resolved against expanded deportability

The provision was not read to impose multiple-conviction treatment on the record presented.

The judgment favoring the detainee was affirmed

The Court rejected the broader administrative construction without minimizing Congress's authority to prescribe clear removal rules.

Key takeaways

• Start with the exact statutory language in effect at conviction.
• Examine whether counts reflect distinct conduct or one transaction.
• Use strict construction only after identifying genuine ambiguity.
• Distinguish the statute interpreted in Fong Haw Tan from later INA provisions.