Cecily Zamora
Immigration laws in the United States have evolved over time, reflecting the political landscape and migrant flows. Early legislation, such as the 1790 law, restricted citizenship to free whites of good moral character, but this was extended to people of African origin in 1870. The Immigration Act of 1891 established the Bureau of Immigration, and the 1906 Naturalization Act standardized procedures. The 1917 Act was the first widely restrictive law, implementing literacy tests and increasing taxes for new immigrants. The 1924 Immigration Act excluded those ineligible for citizenship based on race or nationality, impacting Asians and Japanese nationals. In 1965, a significant shift occurred, opening doors to non-Europeans. Recent laws address concerns about refugees, unauthorized immigration, and terrorism, with varying approaches taken by Democratic and Republican administrations.
| Characteristics | Values |
|---|---|
| Immigration laws created by Democrats | Immigration laws have been created by both Democrats and Republicans |
| Immigration laws since 1790 | Have reflected the politics and migrant flows of the times |
| Immigration laws and presidential actions | Shaped by concerns about refugees, unauthorized immigration, terrorism, and national security |
| 1965 Immigration and Nationality Act | Shifted immigration demographics from predominantly European to Asian and Latin American |
| 1986 Immigration Reform and Control Act | Granted legalization to millions of unauthorized immigrants, mainly from Latin America |
| 1990 Temporary Protective Status | Shielded Central American immigrants from deportation to countries facing natural disasters, armed conflicts, or other extraordinary conditions |
| 1996 Illegal Immigrant Reform and Immigrant Responsibility Act | Increased border controls and repercussions for illegal entry |
| 2012 DACA under Obama administration | Allowed young adults brought to the country illegally to apply for deportation relief and work permits |
| 2014 DAPA under Obama administration | Offered similar benefits to unauthorized immigrant parents of U.S.-born children |
| 2016-2020 Trump administration | Implemented aggressive immigration policies, including a travel ban on seven countries and the Title 42 Immigration Act |
| 2020 Biden administration | Attempted to terminate Title 42 Immigration Act but faced opposition from Congress |
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What You'll Learn
The Biden administration's leftward shift
The United States has had a long and complex history of immigration laws, with the country's first immigration regulations being implemented soon after gaining independence from Great Britain. Over time, these laws have reflected the political climate and migrant flows, often favouring European immigrants until a significant shift in 1965. This shift opened doors to immigrants from Asia and Latin America, and subsequent laws addressed refugee concerns and unauthorized immigration.
During the Biden administration, a notable leftward shift in immigration policy occurred, which some argue laid the groundwork for President Trump's aggressive approach. Trump's administration pursued the harshest crackdown on immigrants since World War II, causing concern among Democrats. The Biden administration initially sought to terminate the Title 42 Immigration Act, implemented by Trump, which allowed authorities to push migrants back to Mexico or their country of origin. However, this effort failed due to concerns from Congress about a potential surge in migration.
In contrast to Trump's restrictive policies, President Obama took executive action in 2012 to allow young adults brought to the country illegally to seek deportation relief and work permits through the Deferred Action for Childhood Arrivals (DACA) program. Obama later expanded this program and established Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) to provide similar benefits to unauthorized immigrant parents of U.S.-born children. However, these programs faced legal challenges and were rescinded by the Trump administration.
The Democratic Party's leftward shift on immigration has been a source of internal debate, with some lawmakers and strategists expressing regret over the party's stance on decriminalizing illegal border crossings. This shift has also contributed to a change in voting patterns, with traditionally Democratic districts showing support for Trump, as seen in Representative Vicente Gonzalez's district along the border with Mexico.
While the Biden administration's leftward shift on immigration intended to address the concerns of immigrants and their supporters, it also created opportunities for subsequent administrations to take a harder line on immigration policies. The impact of these shifts continues to shape the political landscape and the lives of immigrants in the United States.
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Obama's DACA and DAPA programs
On June 15, 2012, President Obama announced an executive action called Deferred Action for Childhood Arrivals (DACA). This policy aimed to lift the shadow of deportation for young people who came to the United States as undocumented immigrants. DACA provided temporary protection from deportation and access to other opportunities, including work eligibility. Since 2012, over 800,000 people have enrolled in the program, with over 200,000 serving on the front lines of the COVID-19 response.
DACA was created after acknowledging that "Dreamer" young people had been largely raised in the United States, and this was seen as a way to remove immigration enforcement attention from "low-priority" individuals with good behavior. To be eligible for the program, recipients cannot have felonies or serious misdemeanours on their records. "Dreamers" get their name from the DREAM Act, a bill that aimed to grant legal status to young immigrants residing in the U.S. unlawfully after being brought in by their parents.
In 2014, Obama expanded the DACA program and set up a new program, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), to offer similar benefits to some unauthorized immigrant parents of U.S.-born children. DAPA, like DACA, would have offered renewable deferred action status and work permits for individuals in the country illegally who were parents of children who were U.S. citizens or lawful permanent residents.
The DACA expansion and the new DAPA program are currently on hold due to legal challenges by 26 states, which claimed that the president failed to enforce the nation's immigration laws and unilaterally rewrote the law through his actions. Several lawsuits from state governments led to a 2015 injunction blocking DAPA's implementation. In 2017, the Trump administration announced plans to rescind DAPA.
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1965 Immigration and Nationality Act
The Immigration and Nationality Act of 1965, also known as the Hart-Celler Act, was signed into law by President Lyndon B. Johnson on October 3, 1965, at the foot of the Statue of Liberty. The Act was introduced by Senator Philip A. Hart of Michigan and Representative Emanuel Celler of New York, and it received support from both northern Democratic and Republican members of Congress. However, it faced opposition from Southern conservatives.
The Immigration and Nationality Act of 1965 was a significant shift in U.S. immigration policy, abolishing the quota system that had been in place for decades and ending preferences for white immigrants from Western and Northern Europe that dated back to the 18th century. The new law created a preference system that focused on immigrants' skills and family relations with U.S. citizens or residents, opening the doors to people from all over the globe. This shift was pressured by high-ranking officials and interest groups, and it occurred during a time of deep global instability, at the height of the Cold War and the Civil Rights Movement.
Prior to the Act, the U.S. demographic makeup was predominantly White (85%), with Black people, most of whom were descendants of slaves, making up 11%, and Latinos less than 4%. The Act significantly altered this mix by opening entry to immigrants from outside Western and Northern Europe, including those from Asia and Africa. This change in policy was a response to the perception that the nation-based formula discriminated against individuals based on their place of birth, which was seen as an embarrassment during the Civil Rights Movement.
Since the enactment of the 1965 Immigration and Nationality Act, immigration to the United States has been dominated by people born in Asia and Latin America, rather than Europe. The Act paved the way for the entrance of refugees and set a precedent for future laws that addressed concerns about unauthorized immigration and terrorism.
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1924 Immigration Act
The Immigration Act of 1924, also known as the Johnson-Reed Act, was one of the most restrictive immigration laws in US history. It was signed into law by President Calvin Coolidge on May 24, 1924, and it had a significant impact on the country's demographic makeup in the following decades.
The act established a quota system that favoured immigrants from Northern and Western Europe, while severely limiting the entry of people from other regions, particularly Asia. It set a total annual immigration quota of 165,000 for the rest of the world outside of Latin America, an 80% reduction compared to pre-1914 averages. The act also modified the National Origins Formula, which calculated quotas based on the percentage of each nationality in the white population of the United States as of 1920. This formula explicitly aimed to rewind the country's racial and ethnic mix to a time when immigration was dominated by Western and Northern European immigrants.
The 1924 Immigration Act also included provisions that excluded from entry any alien who was ineligible for citizenship due to their race or nationality. This affected people of Asian descent, particularly Japanese immigrants, who were previously allowed more liberal immigration quotas under the 1907 Gentlemen's Agreement. The new law angered Japan, straining diplomatic relations between the two countries.
The act further established preferences within the quota system for certain relatives of US residents, including their spouses, unmarried children under a certain age, and parents. It also favoured immigrants with agricultural skills and their families. Non-quota status was granted to specific groups, such as wives and unmarried minor children of US citizens, government officials and their families, temporary visitors, and others.
The Immigration Act of 1924 reflected the growing public and political concerns about the changing social and demographic landscape in the United States. It was shaped by the desire to preserve the ideal of American homogeneity and isolate the nation from the perceived threats of communism and foreign influence after World War I. The law's restrictive nature and emphasis on national origins quotas contributed to shaping the US population throughout the 20th century.
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1906 Naturalization Act
The Naturalization Act of 1906 was an act of the United States Congress signed into law by President Theodore Roosevelt. This act revised the previous Naturalization Act of 1870 and required immigrants to learn English in order to become naturalized citizens. The law established the federal government as the arbiter of naturalization policy, creating the Bureau of Immigration and Naturalization. This provided the first uniform naturalization laws across the country.
Before the 1906 Act, there was an alarming lack of uniformity among the nation's naturalization courts. Each court determined its own requirements, set its own fees, followed its own procedures, and issued its own certificates. The 1906 Act standardized the process, imposing uniform nationwide procedures, forms, and certificates. It also centralized all naturalization and immigration records, giving the federal government more control over the naturalization process.
The 1906 Act also established new rules and requirements for attaining citizenship. It governed US naturalization until it was superseded by the Nationality Act of 1940. The 1906 Act was modified by the Immigration Act of 1990.
The 1906 Act did not address the addition of any groups that may wish to attain American citizenship. Naturalization had been confined to white persons, with the addition in 1870 of those of African nativity and descent. However, in 1922, a man of Japanese descent was deemed ineligible for naturalization under the 1906 Act, as he was not considered white.
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Frequently asked questions
The Immigration and Nationality Act of 1965 opened the doors to immigrants from Asia and Latin America, rather than just Europe. This was a significant shift in immigration policy.
DACA was a program set up by President Obama in 2012 and expanded in 2014 to allow young adults brought to the US illegally as children to apply for deportation relief and work permits.
The Immigration Act of 1891 led to the establishment of the US Bureau of Immigration and the opening of the Ellis Island inspection station in 1892. It also included provisions to disbar immigrants with contagious diseases from entering the country.
The Emergency Quota Act established national immigration quotas, limiting immigration from the Eastern Hemisphere to 3% of the number of foreign-born residents of each nationality living in the US as per the 1910 census.
The Democratic Party has shifted towards a more left-wing stance on immigration, with many prominent Democratic lawmakers expressing regret for previously punitive stances on illegal immigration.
