Gavin Howe
The United States' first immigration law was the Naturalization Act of 1790, which began the nation's first naturalization process by providing access to U.S. citizenship. This law was the first to specify who could become a citizen, limiting that privilege to free whites of good moral character who had lived in the U.S. for at least two years. In the years since, immigration laws in the U.S. have evolved to reflect the politics and migrant flows of the times, with significant federal legislation following in the late 19th and early 20th centuries that restricted immigration from certain countries and racial groups.
| Characteristics | Values |
|---|---|
| Name of the Law | The Naturalization Act |
| Year | 1790 |
| Purpose | To begin the nation's first naturalization process by providing access to U.S. citizenship |
| Limitations | Only free whites of "good moral character" who had lived in the U.S. for at least two years were eligible |
| Amendments | In 1870, the right of citizenship was extended to those of African origin |
| Subsequent Immigration Laws | The Immigration Act of 1875, Chinese Exclusion Act of 1882, Immigration Act of 1924 (The Johnson-Reed Act), Immigration and Nationality Act of 1965 |
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What You'll Learn
- The US's first immigration law, the Naturalization Act, was signed in 1790
- The Immigration Act of 1875 was the first restrictive immigration statute
- The Chinese Exclusion Act of 1882 banned Chinese labourers from entering the US
- The Immigration Service began collecting arrival manifests in the 1820s
- The Immigration Act of 1924 was the first to permanently limit immigration to the US
The US's first immigration law, the Naturalization Act, was signed in 1790
The US started regulating immigration soon after it gained independence from Great Britain in 1776. The politics and migrant flows of the time influenced the evolution of immigration laws. For example, early legislation tended to favour Europeans, but a significant shift occurred in 1965 when a law opened the doors to immigrants from other parts of the world.
In the 19th century, several important pieces of immigration legislation were passed. The Immigration Act of 1875, also known as the Page Act, was the first restrictive immigration statute in the US. The Chinese Exclusion Act, signed in 1882, banned Chinese labourers from immigrating to the US for ten years and allowed for the deportation of unauthorized Chinese immigrants. This Act also created the Federal Bureau of Immigration, with the country's first federal immigration station opening on Ellis Island in 1892.
The early 20th century saw a continuation of immigration restrictions, particularly targeting Asian immigrants. By the 1920s, members of Congress sought new ways to restrict immigration, leading to the passage of the Immigration Act of 1924 (The Johnson-Reed Act). This Act instituted the "national origins quota system," which favoured Northern and Western European countries while limiting immigration from Southern and Eastern Europe. It also excluded individuals who, by virtue of race or nationality, were ineligible for citizenship, effectively banning Asian immigration.
It is important to note that while the US has a long history of immigration legislation, the specific laws and their impacts are complex and evolving. Over time, the focus of these laws has shifted, reflecting the social, political, and economic climate of each era.
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The Immigration Act of 1875 was the first restrictive immigration statute
Immigration is a sensitive topic with many moving parts that have evolved over the centuries. The evolution of the various laws associated with immigration reflects the politics and migrant flows of the times. The first major piece of U.S. legislation, the Naturalization Act, was signed in 1790, and it began the nation’s first naturalization process by providing access to U.S. citizenship to free white immigrants, mostly from Western Europe, who had lived in the U.S. for at least two years.
The Immigration Act of 1875, also called the Page Act, was the nation’s first restrictive immigration statute. It was signed into law by President Ulysses S. Grant on March 3, 1875. The act established three different goals. First, it authorized the use of federal agents at immigration ports to search and question people from China, Japan, or any Oriental country to determine if they had come voluntarily or for the purpose of holding them to a term of service. If agents suspected that the person had come involuntarily to engage in immoral purposes, they could be expelled. Second, it effectively banned the immigration of Chinese women by portraying most of them as arriving in the U.S. solely to work as prostitutes. Finally, the act banned people who had been convicted of felonies in their home country from immigrating to the United States.
The Immigration Act of 1875 was followed by other significant federal legislation restricting immigration. In 1882, the Chinese Exclusion Act banned Chinese laborers from immigrating for 10 years and allowed for the deportation of unauthorized Chinese immigrants, criminals, those with contagious diseases, and other groups of people. The Act also created a Federal Bureau of Immigration. The country’s first federal immigration station, Ellis Island, was opened 10 years later in 1892.
In 1924, the Immigration Act (also known as the Johnson-Reed Act) further restricted immigration by instituting the “national origins quota system,” which limited immigration eligibility to whites and people of African descent. The Act also included a provision excluding from entry any alien who, by virtue of race or nationality, was ineligible for citizenship. This resulted in the banning of Asian immigration, including Japanese immigrants, despite protests from the Japanese government.
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The Chinese Exclusion Act of 1882 banned Chinese labourers from entering the US
The first major US immigration legislation was the Naturalization Act, signed in 1790. However, the first restrictive immigration statute was the Immigration Act of 1875, also known as the Page Act. This was followed by the Chinese Exclusion Act of 1882, which banned Chinese labourers from entering the US.
The Chinese Exclusion Act was signed on May 6, 1882, by President Chester A. Arthur. It was the first significant law to restrict immigration into the United States and the first to suspend immigration for a specific nationality. The Act banned Chinese labourers, defined as "both skilled and unskilled labourers and Chinese employed in mining", from entering the US for 10 years. It also allowed for the deportation of unauthorised Chinese immigrants, including criminals and those with contagious diseases, and made it illegal to bring unauthorised Chinese immigrants into the country. The Act further required all Chinese people travelling in or out of the US to carry a certificate identifying their status as a labourer, scholar, diplomat, or merchant.
The passage of the Chinese Exclusion Act was the culmination of years of racial hostility and anti-immigrant agitation by white Americans. It dramatically changed Chinese communities in the US, forcing families apart and causing businesses to close. The severe restrictions on female immigrants led to the emergence of a largely bachelor society, as young men often migrated alone. To escape the growing anti-Chinese sentiment, many Chinese retreated into their cultural and social colonies, establishing Chinatowns in urban cities.
The excluded Chinese community did not passively accept their unfair treatment. They used various tools to challenge or circumvent the laws, including the American judicial system. With the help of California entrepreneur and attorney Frederick Bee, Chinese immigrants learned to use the courts to fight for their rights and won several cases where ordinances against them were declared unconstitutional. They also protested against racial discrimination through the media and petitions, and some evaded the laws by immigrating illegally.
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The Immigration Service began collecting arrival manifests in the 1820s
The first major US immigration legislation, the Naturalization Act, was signed in 1790. This began the nation's first naturalization process by providing access to US citizenship. However, it was not until the Immigration Act of 1875, also known as the Page Act, that the country saw its first restrictive immigration statute.
The Immigration Service began collecting arrival manifests, also known as passenger arrival lists or immigration arrival records, in the 1820s. This was a former duty of the US Customs Service. Inspectors would question arrivals about their admissibility and note their admission or rejection on the manifest records. These records are among the most popular at the National Archives and Records Administration (NARA). However, the microfilm copies are often of poor quality, prompting researchers to request access to the original paper manifests.
The arrival verification system began to pose problems for the Immigration Service by the mid-1930s due to the age and constant use of the documents, which caused deterioration of the paper and ink. This resulted in a high possibility of error in service operations and created few safeguards against fraud.
In 1943, the Records Act was passed, and INS officers decided to use the New York arrival records as a pilot program. Microfilm copies of the manifests were made to preserve the records and reduce storage expenses. The federal government began collecting immigration records under a law designed to regulate shipping lines carrying immigrants to the US.
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The Immigration Act of 1924 was the first to permanently limit immigration to the US
The Immigration Act of 1924, also known as the Johnson-Reed Act, was the first to permanently limit immigration to the United States. The Act established a national origins quota system, which set quotas on the number of immigrants from every country outside Latin America. This new quota system was based on the total number of people of each nationality in the United States as per the 1890 census, with a minimum of 100 immigrants per country. The Act completely excluded immigrants from Asia and limited newer immigration from Southern and Eastern Europe, while favouring immigration from Northern and Western Europe.
The Immigration Act of 1924 was passed due to growing public and political concerns about the country's rapidly changing social and demographic landscape. The Act's purpose, according to the Department of State, was "to preserve the ideal of U.S. homogeneity." This reflected the racial exclusions of federal immigration laws and policies that had long ignored the rights of Native Americans, disregarded the legacy of enslaved Africans, and excluded Asians. The Act also authorized the creation of the Border Patrol, the country's first formal border control service, and established a "consular control system" that required immigrants to obtain visas from U.S. consulates abroad.
The 1924 Act built upon earlier restrictive immigration laws and policies, such as the Chinese Exclusion Act of 1882, which banned Chinese labourers from immigrating, and the Naturalization Act of 1790, which limited naturalization to people of European or white descent. The 1917 Act, passed during World War I, introduced a literacy test for immigrants and increased the tax paid by new immigrants. It paved the way for the 1924 Act by including provisions that allowed immigration officials to exercise more discretion in making exclusion decisions.
The Immigration Act of 1924 had significant consequences, including increased tensions with Japan due to the exclusion of Japanese immigrants. It also led to a shift in the economy, impacting industries such as farming and mining that relied heavily on immigrant labour. The Act's reliance on eugenics and scientific racism as a foundation for immigration policy has been widely criticized. The Act defined U.S. immigration policy for nearly three decades until it was substantially revised by the Immigration and Nationality Act of 1952, which completely replaced it in 1965.
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Frequently asked questions
The first major piece of US immigration legislation was the Naturalization Act, signed in 1790. This law began the nation's first naturalization process by providing access to US citizenship.
The 1790 law specified that only free whites of "good moral character" who had lived in the US for at least two years could become citizens.
The US began regulating immigration soon after it gained independence from Great Britain in 1776. However, it wasn't until 1891, with the Immigration Act, that the Office of the Superintendent of Immigration was created to enforce immigration laws.
The Immigration Act of 1875, also known as the Page Act, was the nation's first restrictive immigration statute. This marked the beginning of a series of restrictions on immigration.
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