Cecily Zamora
Immigration is a sensitive topic with a long history of legislation and regulation. The United States began regulating immigration shortly after winning its independence from Great Britain in 1776. The first major piece of US immigration legislation, the Naturalization Act, was signed into law in 1790. This act began the nation's naturalization process by offering US citizenship to free white immigrants, primarily from Western Europe, who had resided in the US for at least two years. Over time, the requirements and restrictions of immigration laws have evolved to reflect the political climate and migrant flows of the time.
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What You'll Learn
The first US immigration laws
The United States started regulating immigration soon after it gained independence from Great Britain in 1776. The first major piece of immigration legislation was the Naturalization Act, signed into law in 1790. This law began the nation's first naturalization process by providing access to U.S. citizenship. However, it limited this privilege to free whites of "good moral character" who had lived in the U.S. for at least two years.
In 1870, the right of citizenship was extended to those of African origin, and in 1874, the phrase "we are a nation of immigrants" appeared in an editorial, reflecting the country's narrative and identity as a nation of immigrants. Despite this sentiment, federal immigration laws and policies continued to exclude certain groups, including Native Americans, enslaved Africans, and Asians.
The Page Act of 1875, also known as the Immigration Act of 1875, was the nation's first restrictive immigration statute. It restricted the immigration of forced labourers from Asia, particularly impacting Asian indentured workers and women presumed to be immigrating to work as prostitutes.
The Immigration Act of 1882 was a significant federal law that imposed a head tax on non-citizens entering American ports and restricted certain classes of people from immigrating to the United States. These included criminals, the insane, or anyone unable to take care of themselves. This Act also created the first federal immigration bureaucracy and laid the foundation for more regulations, such as the Immigration Act of 1891. It is considered the "first general immigration law" due to its creation of guidelines for exclusion through the category of "inadmissible aliens."
The Chinese Exclusion Act of 1882, part of the Immigration Act of 1882, was the first major exclusionary immigration restriction based on nationality, halting all legal immigration of Chinese labourers. This Act, along with the Immigration Act of 1882, marked the beginning of federal oversight in immigration policy administration.
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Immigration laws since 1776
Immigration laws in the United States have evolved since the country gained independence in 1776. Early legislation tended to favour Europeans, but this changed with the Immigration and Nationality Act of 1965, which removed racial and ethnic considerations and instead prioritised family reunification and skilled immigrants.
The first major piece of US immigration legislation was the Naturalization Act of 1790, which began the nation's naturalization process by defining who could become a citizen. This was limited to free whites of "good moral character" who had lived in the US for at least two years.
In 1875, the Supreme Court declared immigration regulation a federal responsibility, and a series of restrictions were enacted, including bans on criminals, people with contagious diseases, and anarchists, among others. By the early 1900s, the predominant immigration flow shifted from northern and western European nations to southern and eastern Europe, leading to laws in 1921 and 1924 that attempted to restore earlier patterns by imposing quotas favouring the former group.
Long-standing restrictions began to change in 1943, when a limited number of Chinese immigrants were allowed entry. In 1952, a small number of visas were made available to other Asians, and race was formally removed as grounds for exclusion.
The landmark Immigration and Nationality Act of 1965 created a seven-category preference system, favouring family reunification and skilled immigrants over country quotas. It also imposed the first limits on immigration from the Western Hemisphere, leading to a shift in the demographics of immigrants, with more arrivals from Asia and Latin America than Europe.
Since 1965, several laws have focused on refugees, providing relief for Indochinese, Chinese, Nicaraguan, and Haitian refugees, among others. The Immigration Reform and Control Act of 1986 granted legal status to millions of undocumented immigrants and prohibited employers from hiring them. The Immigration Act of 1990 continued the emphasis on family unification and increased employment-based visas. A 1990 law also created a "temporary protective status" that shielded certain immigrants from deportation to countries facing crises.
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Immigration laws in the 1900s
Immigration laws in the United States have been shaped by the political climate and migrant flows of the time. The first significant piece of immigration legislation in the US was the Naturalization Act of 1790, which provided a path to citizenship for free white immigrants, primarily from Western Europe, who had resided in the country for at least two years. This marked the beginning of a long history of immigration restrictions and policies that would evolve over the next two centuries.
In the 1900s, the United States experienced a significant influx of immigrants during what became known as the "Great Wave," with nearly 24 million immigrants arriving between 1900 and 1920. This period saw the continued enforcement of immigration laws by state boards and commissions under the direction of US Treasury Department officials. The outbreak of World War I temporarily reduced immigration from Europe, but mass immigration resumed after the war, prompting Congress to respond with new policies.
The 1920s saw the introduction of restrictive immigration policies, including the Emergency Quota Act of 1921 and the Immigration Act of 1924, also known as the Johnson-Reed Act. These acts established a national-origins quota system, limiting immigration based on nationality and favouring Northern and Western European countries. The 1924 Act also included the Asian Exclusion Act, which formalized restrictions on Asian immigration that had been in place since the Gentlemen's Agreement with Japan in 1907.
In 1943, restrictions on Chinese immigration began to ease, and the Immigration and Nationality Act of 1952 allowed a limited number of visas for other Asians, formally removing race as a grounds for exclusion. The landmark Immigration and Nationality Act of 1965 further shifted the focus away from country quotas, favouring family reunification and skilled immigrants. This act was modified and expanded by the 1990 Immigration Act, which significantly increased the total level of immigration and emphasized diversity in the immigrant population.
The evolution of immigration laws in the 1900s reflected the complex dynamics of migration and the shifting political priorities of the United States. While the early decades saw the implementation of restrictive quota systems, the latter part of the century witnessed a move towards family reunification and the recognition of the contributions of skilled immigrants.
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![Emergency Immigration Legislation. Hearings, Sixty-Seventh Congress, First Session. April 15, 26, 1921. 1921 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Immigration laws in the 1920s
The first major US immigration legislation was the Naturalization Act of 1790, which provided a path to citizenship for free white immigrants, primarily from Western Europe, who had resided in the US for at least two years. Over time, the residency requirement changed, and by 1798, it was extended to 14 years. Early immigration laws already reflected the politics and migrant flows of the time, a trend that continued into the 20th century.
In 1917, amidst the national security concerns of World War I, Congress passed the first widely restrictive immigration law, which included a literacy test, increased taxes for new immigrants, and excluded those from a defined "Asiatic Barred Zone". This set the stage for the 1920s immigration laws, which further restricted immigration.
The Immigration Act of 1924, also known as the Johnson-Reed Act, was a highly restrictive piece of legislation. It established the "'national origins quota system', favouring immigration from Northern and Western European countries with longer histories of migration while limiting it from Southern and Eastern European countries. This act also included the Asian Exclusion Act, continuing the ban on Asian immigration and denying entry based on race. The act was a violation of the Gentlemen's Agreement with Japan, straining relations between the two nations.
The impact of these immigration restrictions in the 1920s was significant. They reduced growth and increased mechanization in immigrant-intensive industries, particularly in farming and manufacturing. Contrary to the intentions of policymakers, the quotas did not boost wages for US-born workers but instead led to a decline in earnings in both urban and rural areas.
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![Emergency Immigration Legislation. Hearing[s] Before Committee on Immigration, United States Senate, Sixty-sixth Congress, Third Session, on H.R. ... of the United States by the Temporary...](https://m.media-amazon.com/images/I/61xmXjxfv2L._AC_UY218_.jpg)
Immigration laws in modern times
Immigration laws in the United States have evolved over the centuries, reflecting the politics and migrant flows of the times. The first major piece of US legislation, the Naturalization Act, was signed into law in 1790. This law began the nation's first naturalization process, providing access to US citizenship to free whites of "'good moral character'" who had lived in the US for at least two years. Early on, requirements for the Naturalization Act included a two-year residency and good moral character. Later, the residency requirement was extended to five years in 1795, 14 years in 1798, and back to five years in 1802.
In the early 1900s, the nation's predominant immigration flow shifted from Northern and Western European countries to Southern and Eastern Europe. In response, the Emergency Quota Act was passed in 1921, followed by the Immigration Act of 1924, which restricted immigration further with an annual cap of 165,000. These laws imposed numerical quotas based on immigrant nationality that favored Northern and Western European countries. The 1924 Act also included the Asian Exclusion Act, which banned Asian immigration and restricted Japanese immigration.
Long-standing immigration restrictions began to change in 1943, when a law allowed a limited number of Chinese to immigrate. In 1952, legislation allowed a limited number of visas for other Asians, and race was formally removed as a basis for exclusion. The Immigration and Nationality Act (INA) of 1952 authorized a nonimmigrant visa category, allowing the recruitment of foreign farmworkers to the United States on a temporary basis.
In 1965, the landmark Immigration and Nationality Act was passed, creating a new system that favored family reunification and skilled immigrants. Since then, immigration has been dominated by people born in Asia and Latin America, rather than Europe. Several laws since then have focused on refugees, including the Indochinese refugees fleeing war violence in the 1970s, and relief for other nationalities such as Chinese, Nicaraguans, and Haitians.
More recent laws and presidential actions have been shaped by concerns about refugees, unauthorized immigration, and terrorism. In 1986, the Immigration Reform and Control Act granted legalization to millions of unauthorized immigrants, mainly from Latin America. In 2012, President Obama took executive action to allow young adults brought to the country illegally to apply for deportation relief and a work permit.
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Frequently asked questions
The first immigration law was passed in 1790. It was called the Naturalization Act and it specified who could become a citizen, limiting that privilege to free whites of "good moral character" who had lived in the US for at least two years.
The Immigration Act of 1875, also known as the Page Act, was the first restrictive immigration law in the US.
The Immigration Act of 1903, also known as the Anarchist Exclusion Act, was the first US law to restrict immigration based on an immigrant's political beliefs. The act banned anarchists, beggars, polygamists, and importers of prostitutes.
The Chinese Exclusion Act of 1870 was the first US immigration law to restrict immigration from Asian countries. The act banned Chinese labourers from immigrating for 10 years and allowed for the deportation of unauthorized Chinese immigrants.
