Gavin Howe
Immigration laws in the United States have evolved over time, reflecting the politics and migrant flows of each era. Early legislation tended to favour European immigrants, with the Naturalization Act of 1790 limiting citizenship to free whites of good moral character who had resided in the country for two years. The Immigration Act of 1891 established the U.S. Bureau of Immigration, and subsequent court rulings gradually shifted immigration and naturalization policies to a national level. The 1917 Immigration Act was the first widely restrictive immigration law, implementing a literacy test for immigrants over 16 and excluding those from the Asiatic Barred Zone. The 1924 Immigration Act aimed to preserve U.S. homogeneity by establishing a quota system based on national origins, while the 1952 Immigration and Nationality Act retained racial restrictions and responded to Cold War tensions. A major shift occurred in 1965 with the Immigration and Nationality Act Amendments, which abolished national-origin quotas and prioritised family reunification and skilled immigrants. Since 2000, immigration policies have focused on border control, enforcement of hiring laws, and addressing unauthorised immigration, refugees, and terrorism concerns.
| Characteristics | Values |
|---|---|
| Year of latest immigration law | 2020 |
| Name of latest immigration law | Title 42 Immigration Act |
| Who passed the latest immigration law | Trump administration |
| Purpose of the latest immigration law | To promote public health during the Covid-19 pandemic |
| Year of previous immigration law | 1965 |
| Name of previous immigration law | Immigration and Nationality Act Amendments of 1965 (the Hart–Celler Act) |
| Who passed the previous immigration law | Congress |
| Purpose of the previous immigration law | To abolish the system of national-origin quotas |
| Year of first immigration law | 1790 |
| Name of first immigration law | Naturalization Act of 1790 |
| Who passed the first immigration law | Congress |
| Purpose of the first immigration law | To specify who could become a citizen |
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What You'll Learn
The Immigration Act of 1891
The Act also expanded the list of excludable and deportable immigrants, barring the immigration of felons, polygamists, "all idiots, insane persons, paupers or persons likely to become a public charge", and those with infectious or contagious diseases. It also reiterated the authority to remove aliens and specified that they may be required to depart by the same vessel used for their arrival.
The 1891 Act created the Office of the Superintendent of Immigration within the Treasury Department, with the Superintendent overseeing a new corps of immigrant inspectors at the country's principal ports of entry. The Superintendent was an officer in the Treasury Department, under the control and supervision of the Secretary of the Treasury. The Secretary was also directed to prescribe rules for immigration enforcement along the land borders with Canada and Mexico, balancing immigration law enforcement with the goal of not causing unnecessary delays or obstructions to ordinary travel between the countries.
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The Naturalization Act of 1790
The Act also introduced the legal category of "aliens ineligible for citizenship," which predominantly impacted Asian immigrants, restricting their rights as non-citizens in areas such as property ownership, court representation, public employment, and voting. While the Act did not explicitly exclude women, the common-law practice of coverture was incorporated into the legal system, implying that a married woman's rights were controlled by her husband, and her loyalty was to him rather than the state.
The Act of 1790 was superseded by the Naturalization Act of 1795, which extended the residency requirement to five years and introduced a three-year application notice period. The 1798 Act further extended the residency requirement to 14 years and the notice period to five years. The Naturalization Law of 1802 repealed the 1798 Act, reverting to the requirements of the 1795 Act.
The term "natural-born citizen," introduced in the 1790 Act, was removed in the 1795 Act. This term is found in the US Constitution concerning eligibility to serve as President or Vice President. The Act of 1790 also provided that children born abroad to US citizens "shall be considered as natural-born citizens", but specified that this right did not extend to those whose fathers had never resided in the United States.
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The Immigration Act of 1924
Provisions and Impacts:
The act completely excluded immigrants from Asia, specifically targeting Japanese individuals who were previously not restricted from entering the country. This caused significant tension with Japan, as the new law violated the Gentlemen's Agreement between the two nations. The act also altered the basis of quota calculations by taking into account the origins of the entire U.S. population, including natural-born citizens. As a result, the percentage of visas available to individuals from the British Isles and Western Europe increased, while immigration from Southern and Eastern Europe was limited.
Quota System:
The 1924 Act maintained a quota system with specific preferences for certain relatives of U.S. residents, including unmarried children under 21, parents, and spouses over 21. It also favoured immigrants skilled in agriculture and their dependent children. The total number of visas available annually to new immigrants was set at 350,000, with no quotas for residents of the Western Hemisphere. The act reduced the existing quota from 3% to 2% of the foreign-born population, based on the 1890 national census.
Enforcement and Amendments:
Historical Context:
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The Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act (IRCA) of 1986 was passed by the 99th United States Congress and signed into law by President Ronald Reagan on November 6, 1986. The Act was sponsored by Senator Alan K. Simpson and Representative Romano L. Mazzoli, and it is also known as the Simpson-Mazzoli Act or the Reagan Amnesty.
The IRCA was a significant piece of legislation that addressed the issue of illegal immigration and amended the Immigration and Nationality Act. It made it unlawful for employers to knowingly hire, recruit, or refer for a fee any individual without verifying their work status. This placed new obligations on employers, requiring them to attest to their employees' immigration status and work eligibility. Employers who violated these provisions were subject to civil penalties ranging from $250 to $10,000 for each illegal alien hired.
The Act also established an amnesty program, providing a path to legalization and lawful permanent residence (LPR) for certain undocumented migrants. This included undocumented migrants who entered the United States before January 1, 1982, and seasonal agricultural workers who could validate at least 90 days of employment. Nearly three million people applied for legalization under the IRCA, and approximately 2.7 million people were approved for permanent residence.
Additionally, the IRCA created the H-2A and H-2B visa categories for temporary agricultural and non-agricultural workers, respectively. It also authorized increased appropriations for immigration enforcement agencies, such as the Border Patrol and the Immigration and Naturalization Service (INS), to improve enforcement and services.
While the IRCA was a landmark bill, it did not curb illegal immigration as intended. Critics attribute this failure to a lack of focus on key determinants of immigration, such as wage levels, labour market flexibility, and existing immigration networks. Despite increased enforcement efforts, illegal immigration continued to grow.
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The Title 42 Immigration Act of 2020
On November 15, 2022, Senior Judge Emmet G. Sullivan of the United States District Court for the District of Columbia ruled that expulsions under Title 42 were a violation of the Administrative Procedure Act, calling the policy "arbitrary and capricious." The ruling required the US government to process all asylum seekers under immigration law as before Title 42's implementation. The Biden administration terminated the use of Title 42 on May 12, 2023, with the end of the COVID-19 national emergency.
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Frequently asked questions
The US Congress has the power to establish rules for naturalization. The current immigration laws are the result of a long history of legislation, with the most recent changes being made by President Biden's administration, which aimed to terminate the Title 42 Immigration Act.
The Title 42 Immigration Act was launched by President Trump's administration in March 2020. It allowed US authorities to push migrants back to Mexico or their country of origin. This act was seen as one of the toughest border measures and was implemented in the name of public health during the Covid-19 pandemic.
In 2012, President Obama allowed young adults brought to the US illegally as children to apply for deportation relief and work permits through the Deferred Action for Childhood Arrivals (DACA) program. In 1996, the Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA) increased border controls and repercussions for illegal entry. The Immigration Act of 1990 modified and expanded on the 1965 Immigration and Nationality Act, increasing total immigration and expanding employment-related immigration.
The Immigration and Nationality Act Amendments of 1965, also known as the Hart-Celler Act, abolished the system of national-origin quotas. It established a preference system that favored family reunification and skilled immigrants. This law opened the doors to immigrants from outside of Europe, shifting the demographics of immigration to the US.
