Kara Sears
The United States began regulating immigration soon after it gained independence from Great Britain in 1776. The first major piece of U.S. immigration legislation, the Naturalization Act, was signed in 1790, and it began the nation’s first naturalization process by providing access to U.S. citizenship for free whites of good moral character who had lived in the U.S. for at least two years. Early immigration laws reflected the politics and migrant flows of the times, often favouring European immigrants. The Immigration Act of 1875, also called the Page Act, was the nation’s first restrictive immigration statute. It excluded Asians from immigrating and banned criminals, those with contagious diseases, and other groups of people.
| Characteristics | Values |
|---|---|
| First major US immigration legislation | The Naturalization Act, signed in 1790 |
| First US restrictive immigration statute | The Immigration Act of 1875, also known as the Page Act |
| First federal immigration station | Ellis Island, opened in 1892 |
| First permanent limit on immigration to the US | The Immigration Act of 1924 (The Johnson-Reed Act) |
| First limits on immigration from the Western Hemisphere | The Immigration and Nationality Act of 1965 |
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What You'll Learn
The Naturalization Act of 1790
The first major piece of US immigration legislation, the Naturalization Act, was signed into law on March 26, 1790. The Act established the first uniform rules for granting US citizenship by naturalization. It limited naturalization to "free white persons... of good character" who had resided within the limits and under the jurisdiction of the United States for at least two years.
The Act was significant because it provided the first uniform rule of naturalization, eliminating ambiguity on how to treat newcomers. Prior to the Act, free Black people had been allowed citizenship at the state level in many states. The Act also associated whiteness with Christianity, effectively excluding Muslim immigrants from citizenship until the Ex Parte Mohriez decision in 1944, which recognized citizenship for a Saudi Muslim man.
The 1790 Act was modelled on the British Parliament's Plantation Act of 1740, which was titled "An Act for Naturalizing such foreign Protestants and others therein mentioned, as are settled or shall settle in any of His Majesty's Colonies in America." The British Act was designed to encourage the settlement of foreign Protestants in America, and the US Congress used its provisions concerning time and oaths of allegiance as a model for the 1790 Act.
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The Immigration Act of 1875
The Page Act of 1875 had three main goals. Firstly, it authorised federal agents to search and question individuals from China, Japan, or any Oriental country at immigration ports to determine if they had come voluntarily or for the purpose of holding them to a term of service. If agents suspected that an individual had come involuntarily to engage in immoral activities, they could be expelled. Secondly, the Act effectively banned the immigration of Chinese women by portraying them as arriving in the US to work as prostitutes. Finally, the Act prohibited people who had been convicted of felonies in their home country from immigrating to the US.
The Page Act of 1875 was also notable for its anti-Asian and anti-Chinese sentiment, which had been building in the US, particularly in Western states like California and Nevada. The first major wave of Chinese immigration occurred after the California Gold Rush of 1848. This sentiment would continue to shape US immigration policy, with the Chinese Exclusion Act of 1882 banning Chinese labourers from immigrating for 10 years and allowing for the deportation of unauthorised Chinese immigrants. The Act of 1875 set a precedent for restrictive immigration policies in the US, with later Acts, such as the Immigration Act of 1924, further limiting immigration based on race and nationality.
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The Chinese Exclusion Act of 1882
The first restrictive immigration statute in the United States was the Immigration Act of 1875, also known as the Page Act. However, the Chinese Exclusion Act of 1882 was the first significant law to restrict immigration into the country.
The Chinese Exclusion Act was signed by President Chester A. Arthur on May 6, 1882, and banned Chinese labourers from entering the United States for 10 years. The law made exceptions for travellers and diplomats, but for the first time, federal law proscribed the entry of an ethnic working group on the premise that they endangered the good order of certain localities. The Act also required the few non-labourers who sought entry to the United States (diplomatic officers, for example) to obtain certification from the Chinese government that they were qualified to immigrate. This group found it increasingly difficult to prove that they were not labourers, as the 1882 Act defined excludables as ""skilled and unskilled labourers and Chinese employed in mining".
The Act also affected Chinese people who had already settled in the United States. It denied them the ability to become citizens and required them to carry a certificate identifying their status when travelling in or out of the country or risk deportation. When the Act expired in 1892, Congress extended it for 10 years in the form of the Geary Act, which was made permanent in 1902. This added further restrictions by requiring each Chinese resident to register and obtain a certificate of residence, without which they faced deportation.
The Chinese Exclusion Act was preceded by growing anti-Chinese sentiment, violence, and policies targeting Chinese migrants. The Act followed the Angell Treaty of 1880, which allowed the US to restrict, but not completely prohibit, Chinese immigration. The Angell Treaty was a set of revisions to the US-China Burlingame Treaty of 1868, which had allowed for the suspension of Chinese immigration.
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The Immigration Act of 1924
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 on immigration, the Naturalization Act, was signed in 1790. However, the Immigration Act of 1924, also known as the Johnson-Reed Act, including the Asian Exclusion Act and the National Origins Act, stands out as a pivotal moment in the country's immigration history.
One of the most notable aspects of the 1924 Act was its explicit exclusion of Asian immigrants. While previous laws had already restricted Asian immigration, this Act completely banned it, specifically targeting Japanese immigrants who had not been prevented from entering the country before. This provision offended many in Japan, violating the Gentlemen's Agreement and increasing tensions between the two nations. Despite protests from the Japanese government, the US Congress prioritised preserving the racial composition of the country over diplomatic relations.
The 1924 Act also made important distinctions between "immigrants" and "non-immigrants." It defined the term "immigrant" and designated all other alien entries as "non-immigrant," or temporary visitors. It established classes of admission for non-immigrants, including preferences for relatives of US residents, such as spouses, unmarried children, and parents. Additionally, it favoured immigrants over 21 who were skilled in agriculture, along with their wives and dependent children.
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The Immigration and Nationality Act of 1965
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 immigration legislation, the Naturalization Act, was signed into law in 1790, beginning the nation's first naturalization process and providing access to US citizenship. Since then, various laws have been enacted to restrict immigration based on specific criteria, such as race, nationality, and occupation.
Prior to the Act, the US demographic composition was predominantly White (85%), with Black people, mostly descendants of slaves, making up 11%, and Latinos comprising less than 4%. The Immigration and Nationality Act of 1965 eliminated the restrictions on immigration from Asia and Africa, marking a radical break from past policies that favoured specific ethnicities. This shift opened up opportunities for individuals from a diverse range of backgrounds to immigrate to the United States, contributing to its cultural and social fabric.
The Act was introduced by Senator Philip A. Hart of Michigan and Representative Emanuel Celler of New York, with the support of the Johnson administration. It received wide support from both Northern Democratic and Republican members of Congress but faced opposition primarily from Southern conservatives. The bill's passage into law was a significant step towards a more inclusive and diverse America, reflecting the ideals of equality and opportunity that the country espoused during the Civil Rights Movement.
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Frequently asked questions
The first major US immigration legislation, the Naturalization Act, was signed in 1790. This law began the nation’s first naturalization process by providing access to US citizenship.
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 restricting immigration based on an immigrant's political beliefs.
The Immigration Act of 1924, also known as the Johnson-Reed Act, was the first US immigration law to restrict entry based on race or nationality.
