Anaya Nolan
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 immigration legislation, the Naturalization Act, was signed into law in 1790. This law began the nation's naturalization process by granting citizenship to free white immigrants of \good moral character\ who had lived in the US for at least two years. Since then, immigration laws have been enacted to address specific concerns, such as national security during World War I, refugee crises, and unauthorized immigration. The most recent changes have included executive actions by President Obama in 2012 and 2014 to provide deportation relief and work permits to young adults brought to the country illegally, known as DACA.
| Characteristics | Values |
|---|---|
| First major piece of immigration legislation | The Naturalization Act, signed in 1790 |
| What the Act did | Provided access to U.S. citizenship to free white immigrants, mostly people from western Europe, who had lived in the U.S. for at least two years and their children |
| Early requirements | Two years of residence and good moral character |
| Changes to requirements | Residency requirement extended to five years in 1795, 14 years in 1798, and back to five years in 1802; applicants also required to be a "free white person" |
| First federal immigration station | Ellis Island, opened in 1892 |
| Immigration laws since 1790 | Have reflected the politics and migrant flows of the times |
| Immigration laws | Have focused on refugees, paving the way for Indochinese refugees fleeing war violence in the 1970s and later including relief for other nationalities, including Chinese, Nicaraguans and Haitians |
| 1986 Immigration Reform and Control Act | Granted legalization to millions of unauthorized immigrants, mainly from Latin America, who met certain conditions |
| 1990 Immigration Act | Modified and expanded the 1965 act; significantly increased the total level of immigration to 700,000, increasing available visas by 40% |
| 2012 | President Obama took executive action to allow young adults who had been brought to the country illegally to apply for deportation relief and a work permit |
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What You'll Learn
The Naturalization Act of 1790
The United States began regulating immigration soon after gaining independence from Great Britain in 1776. The first significant piece of US immigration legislation, the Naturalization Act, was signed into law in 1790. This act established the first uniform rules for granting US citizenship by naturalization.
The 1790 Act specified that any "free white person" who had resided in the US for at least two years could be granted citizenship if they demonstrated good moral character and swore allegiance to the US Constitution. The Act also provided that the children of such naturalized citizens, under the age of 21 and residing in the US, would also be considered US citizens. Additionally, it stated that children born abroad to US citizens would be considered natural-born citizens unless their fathers had never resided in the US.
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Immigration laws and refugees
Immigration laws in the United States have evolved since the country gained independence from Great Britain in 1776. The first significant piece of legislation, the Naturalization Act, was enacted in 1790, establishing the nation's initial naturalization process. This law restricted citizenship to free whites of "good moral character" who had resided in the US for a minimum of two years.
Immigration laws in the US have historically reflected the political climate and migrant flows of the time. For instance, the Chinese Exclusion Act of 1882 prohibited Chinese labourers from immigrating for a decade and allowed for the deportation of unauthorized immigrants. The Act also established the Federal Bureau of Immigration and Ellis Island, the country's first federal immigration station.
The Immigration Act of 1924, also known as the Johnson-Reed Act, further restricted immigration by setting an annual cap of 165,000 immigrants, favouring Northern and Western European countries while limiting migration from Southern and Eastern Europe. This Act continued the ban on Asian immigration, specifically targeting Japanese immigration.
In more recent times, US immigration laws have addressed concerns related to terrorism and unauthorized immigration. Laws passed in 1996, 2002, and 2006 emphasized border control, prioritized enforcement of laws on hiring immigrants, and tightened admissions eligibility.
Regarding refugees, the United States has historically been a leader in refugee resettlement, offering refuge to more people annually than any other nation. However, the Trump administration significantly reduced refugee admissions, with only 118,202 refugees resettled between 2017 and 2020, the lowest in modern history.
To be considered for refugee status in the US, individuals must receive a referral to the US Refugee Admissions Program (USRAP). They are then interviewed by a USCIS officer who determines their eligibility for resettlement. Refugees who are approved receive medical exams, cultural orientation, travel assistance, and loans for their journey to the US. They are also eligible for medical and cash assistance upon arrival.
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Immigration Act of 1924
The Immigration Act of 1924, also known as the Johnson-Reed Act, was a federal law that restricted immigration from Asia and set quotas on the number of immigrants from every country outside Latin America. It was signed into law on May 24, 1924, and replaced earlier legislation by significantly reducing immigration from countries outside the Western Hemisphere.
The Act completely excluded immigrants from Asia and set the total annual immigration quota for the rest of the world at 165,000—an 80% reduction of the yearly average before 1914. The quota provided immigration visas to two percent of each nationality group in the United States as per the 1890 census. This new quota calculation included large numbers of people of British descent, whose families had long resided in the United States, and resulted in an increase in the percentage of visas available to individuals from the British Isles and Western Europe. At the same time, newer immigration from Southern and Eastern Europe was limited. The Act also established preferences under the quota system for certain relatives of U.S. residents, including their unmarried children under 21, their parents, and spouses over 21.
The Immigration Act of 1924 was passed due to growing public and political concerns about the country's rapidly changing social and demographic landscape. It was informed by eugenicist beliefs, with one prominent eugenicist, Harry Laughlin, stating that "the immigrant to the United States was to be looked upon...as a parent of future-born American citizens." This meant that the "hereditary stuff" of future immigrants had to be "compatible racially with American ideals." The committee that informed the Act, chaired by Madison Grant, argued that a formula based on the 1890 census would "change the character of immigration, and hence of our future population, by bringing about a preponderance of immigration of the stock which originally settled this country." North and West Europeans, they stated, were of "higher intelligence" and provided "the best material for American citizenship."
The Act also authorized the creation of the country's first formal border control service, the U.S. Border Patrol, and established a "consular control system" that allowed entry only to those who first obtained a visa from a U.S. consulate abroad. It defined the term "immigrant" and designated all other alien entries into the U.S. as "non-immigrant," or temporary visitors. It also established classes of admission for such non-immigrants and imposed fines on transportation companies that landed aliens in violation of U.S. immigration law.
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Immigration laws and border control
The United States' immigration laws and border control have evolved over the centuries, reflecting the politics and migrant flows of the times. The US began regulating immigration soon after it gained independence from Great Britain in 1776. The first significant piece of legislation, the Naturalization Act, was signed into law in 1790. This law established the country's first naturalization process, granting citizenship to free white immigrants (mostly from Western Europe) who had resided in the US for at least two years and demonstrated good moral character.
In the following decades, immigration laws became increasingly complex, and the federal government assumed greater control over immigration enforcement. The Immigration Act of 1891 created the Office of the Superintendent of Immigration within the Treasury Department, overseeing immigration inspection and processing at the country's principal ports of entry, including Ellis Island, which opened in 1892. The federal government's growing immigration obligations led to the establishment of the Bureau of Immigration in 1895, further emphasizing the federal role in immigration enforcement.
The early 20th century witnessed a significant shift in immigration policy, marked by the emergence of quota systems and restrictions targeting specific nationalities, notably Asian immigrants. The Immigration Act of 1924, also known as the Johnson-Reed Act, imposed stringent quotas and further restricted immigration from Asian countries. This act reflected the prevailing sentiment of preserving the racial composition of the country, even at the cost of diplomatic tensions with nations like Japan.
In more recent times, immigration laws have addressed concerns related to unauthorized immigration, national security, and terrorism. The Immigration Reform and Control Act of 1986 granted legalization to millions of unauthorized immigrants while imposing sanctions on employers hiring unauthorized workers. Subsequent laws, such as the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, bolstered border control measures, increased repercussions for illegal entry, and mandated the hiring of additional border patrol agents.
The most recent changes in immigration policy have included executive actions by President Obama, such as the Deferred Action for Childhood Arrivals (DACA) program, which allowed young adults brought to the country illegally to apply for deportation relief and work permits. These actions reflect the dynamic nature of immigration laws, adapting to the evolving social, political, and economic landscape of the nation.
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Immigration laws and citizenship
Immigration laws and their associated citizenship requirements have evolved in the United States since the country gained independence from Great Britain in 1776. The first significant piece of legislation, the Naturalization Act, was signed into law in 1790. This law established the nation's first naturalization process, granting citizenship to free white immigrants (and their children) from Western Europe who had resided in the US for a minimum of two years and demonstrated good moral character.
Over time, the residency requirement for citizenship fluctuated between two, five, and fourteen years before settling back at five years in 1802. The definition of who could become a citizen was expanded in 1870 to include those of African origin, and later in 1952, with the Immigration and Nationality Act (INA), which reorganised the structure of immigration law and has since been amended numerous times.
The late 19th and early 20th centuries saw a shift in immigration patterns, with increasing numbers of immigrants from Southern and Eastern Europe, as well as rising anti-Asian sentiment. This led to a series of restrictions, including the Chinese Exclusion Act of 1882, which banned Chinese labourers from entering the country for a decade and allowed for the deportation of unauthorised immigrants. The Act also created a Federal Bureau of Immigration, with Ellis Island serving as the country's first federal immigration station from 1892.
Quotas on immigration began to emerge in the 1920s, with the Emergency Quota Act of 1921 and the Immigration Act of 1924, also known as the Johnson-Reed Act, which included the Asian Exclusion Act. These laws favoured immigrants from Northern and Western European countries with longer histories of migration to the US while restricting the influx from Southern and Eastern Europe. The Immigration Act of 1924 set an annual cap of 165,000 immigrants, representing 2% of each nationality's foreign-born population based on the 1890 census.
More recent changes to immigration policy have reflected humanitarian concerns, such as the 1990 law creating "temporary protective status" for immigrants, mainly Central Americans, fleeing natural disasters, armed conflicts, or other extraordinary conditions in their home countries. Similarly, the Deferred Action for Childhood Arrivals (DACA) program, established in 2012 and expanded in 2014, allows young adults brought to the US illegally as children to apply for deportation relief and work permits.
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Frequently asked questions
The first major US immigration legislation was the Naturalization Act, signed in 1790.
The 1790 Naturalization Act began the nation's first naturalization process, providing access to US citizenship to free white immigrants, mostly from Western Europe, who had lived in the US for at least two years, and their children.
The first widely restrictive immigration law in the US was enacted in 1917. This law included a literacy test for immigrants over 16, increased taxes for new immigrants, and allowed immigration officials more discretion in their decisions.
The Immigration Act of 1924, also known as the Johnson-Reed Act, restricted immigration further with an annual cap of 165,000. It also included a provision excluding from entry any alien who was ineligible for citizenship based on their race or nationality.
Yes, 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. This program, known as Deferred Action for Childhood Arrivals (DACA), was expanded in 2014.
