Asian Naturalization Blocked By Law: A Historical Perspective

The Chinese Exclusion Act of 1882 was the first significant law restricting immigration into the United States. The Act banned immigration of Chinese labourers to the United States and prohibited Chinese people from becoming naturalized citizens. The Act was renewed and expanded by a series of subsequent laws, which together became known as the Chinese Exclusion Acts. It wasn't until 1943 that the Chinese Exclusion Act was repealed, allowing Chinese immigrants to become naturalized citizens for the first time. However, racial restrictions on naturalization for other Asian groups remained until the passage of the Immigration and Nationality Act of 1952, which eliminated race as a basis for naturalization.

The Chinese Exclusion Act of 1882

The passage of the law was preceded by growing anti-Chinese sentiment and violence, as well as various policies targeting Chinese migrants. The Act followed the Angell Treaty of 1880, which was a set of revisions to the US-China Burlingame Treaty of 1868 that allowed the US to suspend Chinese immigration. The Burlingame Treaty had previously allowed for the unrestricted flow of Chinese people into the US. However, as the number of Chinese immigrants grew, so did anti-Chinese sentiment among other workers in the American economy. This ultimately resulted in legislation that aimed to limit future immigration of Chinese workers to the United States.

The Chinese Exclusion Act was initially intended to last for 10 years, but it was renewed and strengthened in 1892 with the Geary Act and made permanent in 1902. The Act required the few non-labourers who sought entry to the United States to obtain certification from the Chinese government that they were qualified to emigrate. However, this group found it difficult to prove that they were not labourers because the 1882 Act defined labourers as "skilled and unskilled labourers and Chinese employed in mining". Thus, very few Chinese people could enter the country under the 1882 law. The Act also placed new requirements on Chinese people who had already entered the country. If they left the United States, they had to obtain certifications for re-entry.

The Chinese Exclusion Act was the first legislation that prohibited entry to an immigrant based on race and class. It facilitated further restriction by being the model by which future groups could be radicalized as unassimilable aliens, and by marking a moment where such discrimination could be justifiable. The Act's method of "radicalizing" the Chinese as a threat to American values and working-class, "containing" the danger by limiting their mobility, and "defending" America through expulsion became the foundation of America's "gatekeeping" ideology.

The 1917 Immigration Act

The Immigration Act of 1917, also known as the Literacy Act, the Burnett Act, and the Asiatic Barred Zone Act, was a United States federal law that imposed severe restrictions on immigration. Passed on February 5, 1917, by the 64th United States Congress, it was the most far-reaching immigration legislation in the country's history at the time. The Act's primary mechanisms for limiting immigration were literacy tests, the expansion of categories of excluded persons, and the creation of an "Asiatic Barred Zone" from which people were not allowed to immigrate.

The 1917 Act's literacy test required immigrants over the age of 16 to demonstrate literacy by reading 30–40 words in their native language from an ordinary text. While this was intended to curb immigration from southern and eastern Europe, it also effectively served as a barrier for many Asian immigrants. The Act also expanded the categories of excluded persons, adding "alcoholics, anarchists, contract labourers, criminals, convicts, epileptics, 'feebleminded persons', 'idiots', 'illiterates', 'imbeciles', 'insane persons', 'paupers', 'persons afflicted with contagious disease', 'persons being mentally or physically defective', 'persons with constitutional psychopathic inferiority', 'political radicals', polygamists, prostitutes, and vagrants."

The Asiatic Barred Zone, the most notorious aspect of the 1917 Act, designated a vast region spanning from the Middle East to Southeast Asia and the Pacific Islands from which no persons were permitted to enter the United States. This zone included China, British India, Afghanistan, Arabia, Burma (Myanmar), Siam (Thailand), the Malay States, the Dutch East Indies, the Soviet Union east of the Ural Mountains, and most Polynesian islands. The zone notably excluded the Philippines and Japan. Professionals and their immediate families, including "government officers, ministers or religious teachers, missionaries, lawyers, physicians, chemists, civil engineers, teachers, students, authors, artists, merchants, and travelers for curiosity or pleasure," were exempt from the restrictions of the Asiatic Barred Zone.

The 1917 Act was a culmination of decades of xenophobic and racist sentiment, influenced by the pseudoscience of eugenics, which sought to preserve a particular vision of American identity. It built upon previous legislation targeting Asian immigrants, including the Chinese Exclusion Act of 1882, the Page Act of 1875, and the Gentlemen's Agreement of 1907 with Japan. The 1917 Act was amended by the Immigration Act of 1924, which further entrenched Asian exclusion by expanding the Asiatic Barred Zone to include Japan. It was not until the Luce-Celler Act of 1946 and the Immigration and Nationality Act of 1952 that Asian Indians, Filipinos, Japanese, and Koreans gained the right to naturalization, marking the formal end of Asian exclusion as a feature of US immigration policy.

The 1924 Immigration Act

The Immigration Act of 1924, also known as the Johnson-Reed Act and the National Origins Act, was a highly controversial piece of legislation that established strict immigration quotas based on national origins and racial and ethnic categories. The Act built upon decades of exclusionary laws and practices that targeted Asian immigrants and prevented them from becoming naturalized citizens.

The discriminatory nature of the 1924 Immigration Act sparked opposition and criticism, with some arguing that it created resentment and reinforced notions of racial hierarchy. Despite these concerns, the Act remained in place until it was gradually dismantled by piecemeal reforms and, ultimately, the Immigration and Nationality Act of 1952, also known as the McCarran-Walter Act. This legislation formally ended Asian exclusion as a feature of U.S. immigration policy and eliminated race as a basis for naturalization, marking a significant shift towards a more inclusive and colour-blind citizenship framework in the United States.

The 1952 Immigration Act

The Immigration and Nationality Act of 1952, also known as the McCarran-Walter Act, was a significant piece of legislation in American history that had a substantial impact on immigration and naturalization policies. Here is a detailed overview of the Act:

Ending Asian Exclusion and Racial Restrictions

Quotas and Preferences

While the Act ended racial exclusion, it retained the controversial national origins quota system. It allotted nominal immigration quotas to Japan and other Asian countries, but these quotas were limited in their actual impact due to their racial basis. The race-based nature of the Asian quotas differed from the nationality-based quotas assigned to European groups. For example, a person of Chinese descent entering the US from Latin America would still count toward the Chinese quota, regardless of their nationality and place of birth. The Act also introduced a system of preferences based on skill and family reunification, which later served as the foundation for the 1965 Immigration Act.

Strengthening Government Powers

The 1952 Act enhanced the federal government's authority to detain, deport, and prosecute individuals deemed subversive or holding subversive views. It built upon the national security provisions of the 1950 McCarran Law, reflecting the Cold War context in which the Act was shaped. The legislation's sponsors, known for their anti-Communist and restrictionist tendencies, crafted provisions that appeared liberalizing while circumscribing the civil rights and liberties of foreign-born Americans, particularly those suspected of subversive beliefs.

Naturalization Requirements and Citizenship Eligibility

While the Act removed racial restrictions on citizenship eligibility, it strengthened the requirements for naturalization in other ways. It made it easier for the government to revoke citizenship on national security grounds and introduced stringent criteria for "good moral character," a prerequisite for citizenship. Factors such as drunkenness, illegal gambling, and drug use were considered violations of good moral character and could lead to inadmissibility or deportation.

Backlash and Amendments

The McCarran-Walter Act

The Act also introduced a system of preferences based on skill sets and family reunification. It prioritized immigration by skilled workers, followed by family reunification, with spouses, minor children, and parents of adult U.S. citizens considered non-quota immigrants. The Act additionally created a labour certification system to prevent new immigrants from competing with American labourers.

Despite its reforms, the McCarran-Walter Act faced opposition and was vetoed by President Harry Truman, who considered it discriminatory. However, Congress overrode the veto, and the Act became law on June 27, 1952. While it represented a step towards improving U.S. relations with Asian nations, the Act continued to discriminate against Asians in practice due to the low quota numbers and the racial basis of the Asian immigration quotas.

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