Cameron Miranda
The United States' immigration laws have evolved over time, reflecting the politics and migrant flows of each era. Early legislation tended to favour European immigrants, with the first naturalization law, the Naturalization Act of 1790, limiting citizenship to free whites of good moral character who had lived in the US for at least two years. The Steerage Act of 1819 was the first law to regulate the conditions of transportation for people arriving and departing by sea. The US Congress enacted the first widely restrictive immigration law in 1917, which included a literacy test for immigrants over 16 and increased taxes for new immigrants. The Immigration Act of 1924, also known as the Johnson-Reed Act, further limited immigration by imposing national origins quotas and completely excluding immigrants from Asia. In 1952, legislation allowed a limited number of visas for Asians, and race was formally removed as grounds for exclusion. The Immigration and Nationality Act of 1965 abolished the national-origins quota system and created a new system that favoured family reunification and skilled immigrants. More recent laws and presidential actions have addressed concerns about refugees, unauthorised immigration, and terrorism.
| Characteristics | Values |
|---|---|
| Immigration laws created by | US Congress, Supreme Court, President Obama |
| First immigration law | The Steerage Act of 1819 |
| First naturalization law | The Naturalization Act of 1790 |
| First widely restrictive immigration law | Passed by US Congress in 1917 |
| Immigration laws based on | Politics, migrant flows, national security, foreign policy, family reunification, refugee and asylum seeker status, race, national origin, skill sets, employment, terrorism, unauthorized immigration, etc. |
| Recent changes in immigration policy | Exception to the pattern of emphasizing border control, enforcement of laws on hiring immigrants, and tightening admissions eligibility |
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What You'll Learn
The Immigration Act of 1924
The 1924 Act completely excluded immigrants from Asia, including Japanese people who had previously been allowed entry. This caused significant tension with Japan, but the US Congress prioritised preserving the racial composition of the country. The Act also included a provision excluding any alien who was ineligible for citizenship based on their race or nationality, which primarily affected Asians.
The 1924 Act provided for an annual immigration quota of 350,000 visas for the rest of the world outside the Western Hemisphere. This represented an 80% reduction compared to pre-1914 levels. The Act also authorised the creation of the US Border Patrol, the country's first formal border control service, and established a "consular control system" requiring immigrants to obtain visas from US consulates abroad.
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Early immigration laws
The United States started regulating immigration soon after it gained independence from Great Britain in 1776. The first major piece of US immigration legislation, the Naturalization Act, was signed into law in 1790. This law enabled those who had resided in the country for two years and demonstrated good moral character to apply for citizenship. However, this privilege was limited to free whites, mostly people from Western Europe. The residency requirement for citizenship was extended to five years in 1795, 14 years in 1798, and reverted to five years in 1802.
In 1819, the US government passed the Steerage Act, which regulated the conditions of transportation for people arriving and departing by sea. It limited the number of passengers to two for every five tons of ship burden and required ship captains to report a list of disembarking passengers. This law laid the foundation for the historical statistical documentation of immigration to America.
The mid-to-late 19th century saw a shift in immigration patterns, with an increase in immigration from Southern and Eastern European countries. In response, the US government passed laws in 1921 and 1924 to restore earlier immigration patterns. The Immigration Act of 1924, also known as the Johnson-Reed Act, restricted immigration by imposing numerical quotas based on nationality, favoring Northern and Western European countries. This act also completely excluded immigrants from Asia and those who were ineligible for citizenship due to their race, such as Japanese immigrants.
In conclusion, early immigration laws in the US were shaped by the political and social climate of the time, with an emphasis on limiting immigration from non-European countries and favoring European immigrants over others. These laws reflected the prevailing sentiments and attitudes towards race, nationality, and immigration in the United States during the late 18th and early 20th centuries.
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Changes to immigration laws
US immigration laws have evolved over time, with various amendments and policy shifts. Here is an overview of some significant changes to US immigration laws:
The Naturalization Act of 1790
The Naturalization Act of 1790 was the first naturalization law in the United States, passed by Congress under the power granted by the US Constitution. This law allowed individuals who had resided in the country for two years and maintained residency in a particular state for a year to apply for citizenship.
The Steerage Act of 1819
The Steerage Act was the first legislation in the US to regulate the transportation conditions of those arriving and departing by sea. It set passenger limits and required ship captains to provide a list of disembarking passengers. This act laid the foundation for the coordination of national immigration policy and the statistical documentation of immigration to America.
The Immigration Act of 1917
In 1917, the US Congress enacted a widely restrictive immigration law. This legislation was influenced by national security concerns during World War I. The act included a literacy test for immigrants over 16, increased taxes for new immigrants, and granted more discretion to immigration officials in making exclusion decisions.
The Emergency Quota Act of 1921
The Emergency Quota Act established national immigration quotas, particularly limiting immigration from the Eastern Hemisphere. The quotas were calculated based on the number of foreign-born residents of each nationality from the 1910 census, allowing for 3% of that figure.
The Immigration Act of 1924 (The Johnson-Reed Act)
The Immigration Act of 1924 further restricted immigration by imposing a national origins quota. This quota provided immigration visas to 2% of each nationality already present in the US as of the 1890 census, completely excluding immigrants from Asia. The act also included a provision excluding aliens ineligible for citizenship based on race or nationality, specifically targeting Asians.
The Hart-Celler Act of 1965 (The Immigration and Nationality Act Amendments)
The Hart-Celler Act abolished the system of national-origin quotas and implemented a preference system for immigrants. It established a cap of 120,000 immigrants from the Western Hemisphere and 170,000 from the Eastern Hemisphere annually. The act expanded the preference classes to seven, prioritizing relatives of US citizens and resident aliens over those with occupational skills.
Deferred Action for Childhood Arrivals (DACA)
Established in 2012, DACA permits certain individuals who entered the US under the age of 16 and have resided there continuously since 2007 to stay and work lawfully. To qualify, individuals must meet education and criminal record requirements. DACA does not provide a path to permanent legal status and requires renewal every two years.
Biden Administration Changes
Since taking office in 2021, the Biden administration has worked to reverse Trump-era restrictions on immigration. This includes boosting refugee admissions, preserving deportation relief for unauthorized immigrants who arrived as children, and not enforcing the "public charge" rule that denies green cards to immigrants who may use public benefits. The Biden administration has also expanded Temporary Protected Status (TPS) eligibility for immigrants from countries like Venezuela, Myanmar, Haiti, and others.
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Immigration laws and race
Immigration laws in the United States have historically been influenced and shaped by racial biases and discriminatory practices. The country's first naturalization law, the Naturalization Act of 1790, restricted eligibility for naturalization to "free white persons" of "good character". This set a precedent for the use of racial requirements in immigration policy, with race often taking precedence over national security and economic concerns as a determining factor in immigration decisions.
The Chinese Exclusion Act of 1882 barred Chinese people from entering the country, and broader laws enacted in the 1920s banned other Asian groups as well. The Immigration Act of 1924, also known as the Johnson-Reed Act, further entrenched these racist policies by implementing national origin quotas that favoured northern European immigrants while completely excluding immigrants from Asia. The Act also included a provision that excluded anyone who, due to their race or nationality, was ineligible for citizenship, which specifically targeted Asians.
During the Great Depression in the 1930s, President Hoover scapegoated Mexican Americans, deporting up to 1.8 million people, the majority of whom were US citizens. This continued into the mid-1950s with "Operation Wetback," which saw the deportation of 1.3 million Mexican Americans, again, many of whom were US citizens. These actions reflected a racist sentiment that Latino immigrants were a drain on the economy.
In contrast, from the early 1900s through the 1960s, millions of predominantly white immigrants entered the country unlawfully but faced little to no threat of deportation. They were eligible for public benefits and could be lawfully employed, further highlighting the racial disparities in immigration enforcement.
While the Immigration and Nationality Act Amendments of 1965 (the Hart-Celler Act) abolished the national origin quotas, it replaced them with new restrictions on immigration from Latin America. This shift in immigration patterns, from predominantly European to Latin American, African, and Asian, coincided with the toughening of immigration laws and racialized debates targeted mainly at Latinos.
The punitive immigration policies of today have significant implications for the families of undocumented immigrants, with an estimated six million US citizens or lawful residents at risk of family separation through deportation. These policies extend the negative impact of structural racism in the immigration system, perpetuating the assumption that immigrants of colour are undeserving of the privileges afforded to previous generations of white European immigrants.
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Immigration laws and security
Immigration laws in the United States have a long and complex history, with various pieces of legislation being enacted over the years to regulate immigration and protect national security. The US Constitution, adopted in 1787, grants Congress the power to establish naturalization rules, and the first naturalization law was passed in 1790, allowing those who had resided in the country for two years to apply for citizenship.
One of the earliest immigration laws was the Steerage Act of 1819, which regulated the transportation conditions of people arriving and departing by sea. The Immigration Act of 1924, also known as the Johnson-Reed Act, limited the number of immigrants allowed entry into the US through national origin quotas, completely excluding immigrants from Asia. This Act was revised in 1952 to establish a preference system within the quotas, prioritizing immigrants with special skills or abilities needed in the US workforce.
The US immigration laws are enforced by the Department of Homeland Security, which includes agencies such as US Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and US Customs and Border Protection. These agencies work together to ensure the safe and lawful entry of immigrants into the country, prioritizing national security and public safety. ICE, for example, investigates human smuggling and illegal entry, while USCIS handles naturalization services.
To further strengthen border security and protect the American people, the US government has implemented policies such as the establishment of Homeland Security Task Forces in all states and the prioritization of prosecuting criminal offenses related to unauthorized entry or presence of aliens. The government has also emphasized the importance of faithfully executing immigration laws against inadmissible and removable aliens, particularly those who threaten the safety and security of Americans.
In conclusion, the US immigration laws and their enforcement through agencies like ICE and USCIS play a critical role in maintaining national security and public safety. These laws have evolved over time, reflecting the changing social, economic, and political landscape of the country, and continue to be a focus of attention and debate in the United States.
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Frequently asked questions
The US immigration laws are created by the US Congress. Article I, Section 8, Clause 4 of the US Constitution gives the US Congress the power to establish a uniform rule of naturalization.
The first US immigration law was the Naturalization Act of 1790, which allowed those who had resided in the country for two years and had lived in their current state of residence for a year to apply for citizenship.
Other notable US immigration laws include the Immigration Act of 1924 (The Johnson-Reed Act), which limited the number of immigrants allowed entry into the United States through a national origins quota, the Immigration and Nationality Act Amendments of 1965 (the Hart–Celler Act), which abolished the system of national-origin quotas, and the Immigration Reform and Control Act of 1986, which granted legalization to millions of unauthorized immigrants.
