Anaya Nolan
The United States has had a dynamic history of immigration laws, with policies reflecting the political climate and migrant flows of the time. Early legislation tended to favour European immigrants, with the first naturalization law enacted in 1790 limiting citizenship to free whites of good moral character. Over time, the US introduced increasingly strict immigration laws, such as the 1917 Immigration Act, which implemented a literacy test for immigrants over 16 and excluded those from a geographically defined Asiatic Barred Zone. The national-origins quota system, established in 1921 and revised in 1924, further restricted immigration by assigning each nationality a quota based on its representation in past US demographics. The Immigration and Nationality Act of 1952 introduced a system of preferences based on skill sets and family reunification, though it continued to discriminate against Asians with low quota numbers. More recent laws have focused on border control and addressing unauthorized immigration and terrorism concerns, with some exceptions, such as President Obama's 2012 and 2014 executive actions providing deportation relief and work permits to young adults brought to the country illegally.
| Characteristics | Values |
|---|---|
| Country | United States |
| First immigration laws | 1790 |
| First immigration laws focused on | Specifying who could become a citizen |
| Early immigration laws favoured | Europeans |
| First immigration law to exclude based on race | 1882 |
| First widely restrictive immigration law | 1917 |
| Immigration Act of 1924 | Restricted immigration, ensured immigrants were mostly from Northern and Western Europe |
| Immigration and Nationality Act of 1952 | Removed race as grounds for exclusion, retained national-origins quota system |
| Immigration and Nationality Act Amendments of 1965 | Abolished the system of national-origins quotas, limited Western Hemisphere immigration, expanded preference classes |
| Immigration Reform and Control Act of 1986 | Granted legalization to millions of unauthorized immigrants, imposed sanctions on employers who hired them |
| Immigration Acts of 1990, 1996, 2002, 2006 | Responses to concerns about terrorism and unauthorized immigration, emphasized border control |
| Recent immigration laws | Focus on refugees, family reunification, skilled immigrants |
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What You'll Learn
The Immigration Act of 1924
The Act completely excluded immigrants from Asia and established a quota system that provided immigration visas to two percent of the total number of people of each nationality in the United States as per the 1890 national census. This put the total number of visas available to new immigrants at 350,000 annually. The quota system was based on the total US population, including natural-born citizens, which resulted in a higher percentage of visas being allocated to individuals of British descent.
The 1924 Act also included a provision that excluded any alien who was ineligible for citizenship based on race or nationality. This was primarily aimed at Japanese aliens and violated the Gentlemen's Agreement, causing tension between the US and Japan. The Act also authorized the creation of the US Border Patrol and established a "consular control system," requiring immigrants to obtain visas from US consulates before entering the country.
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The Immigration and Nationality Act Amendments of 1965
The 1965 Act created a seven-category preference system that prioritized family reunification and gave preference to relatives and children of U.S. citizens. It also favored skilled immigrants and imposed the first limits on immigration from the Western Hemisphere. The Act's proponents view it as a historic success, asserting that the estimated 59 million immigrants who have come to the United States since its passage have made the country younger, more diverse, and talented, and have generated prosperity and economic growth.
The 1965 Act amended the Immigration and Nationality Act of 1952 (known as the McCarran–Walter Act), which had collected and reorganized many provisions of immigration law. The 1965 Act was itself amended multiple times, with unused quota spots being pooled and made available to other countries from December 1, 1965, and national quotas replaced by broad hemispheric numerical limitations from July 1, 1968.
The Immigration and Nationality Act of 1965 had far-reaching consequences and set in motion powerful demographic forces that continue to shape the United States today. It marked a shift in U.S. immigration policy, moving away from the national origins quota system that had been in place since the 1920s and prioritizing family reunification and skills over country quotas. The Act's impact was also felt in subsequent immigration laws, such as the Immigration Act of 1990, which aimed to admit a greater share of highly skilled and educated immigrants.
While the 1965 Act was a landmark piece of legislation, opinions differ on its impact. Critics argue that high admission levels of diverse groups of immigrants have created more competition for low-skilled U.S. workers and disrupted the country's cultural homogeneity. However, a major study by the National Academies of Sciences, Engineering, and Medicine suggests that post-1965 Act immigrants and their children are successfully integrating into U.S. society, with integration increasing over time and successive generations making progress in key areas such as education, earnings, and language proficiency.
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The Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act (IRCA) of 1986, also known as the Simpson-Mazzoli Act or the Reagan Amnesty, was enacted by Congress and signed into law by President Ronald Reagan on November 6, 1986. This act introduced civil and criminal penalties for employers who knowingly hired undocumented immigrants or individuals unauthorized to work in the US. It also established financial and other penalties for companies that employed illegal immigrants.
The IRCA legalized most undocumented immigrants who had arrived in the country before January 1, 1982, and offered a path to lawful permanent residence (LPR) and prospective naturalization. Farm workers who could validate at least ninety days of employment also qualified for lawful permanent residency. Qualified applicants were required to apply within a one-year window, from May 1987 to May 1988, and provide extensive documentation, including fingerprints, employment history, and proof of continuous residency.
The act also created the H-2A and H-2B visa categories, separating temporary agricultural and non-agricultural workers. It established an employment verification system, requiring employers to attest to their employees' immigration status and verify their work authorization. Additionally, it authorized increased appropriations for immigration enforcement agencies and established a special agricultural worker adjustment program, providing a path to permanent residence for certain seasonal agricultural workers.
While the IRCA legalized millions of undocumented immigrants, it did not curb illegal immigration. Critics attribute this to a lack of focus on key determinants of immigration, such as wage levels, labour market flexibility, border crossing probabilities, and existing immigration networks.
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The Illegal Immigrant Reform and Immigrant Responsibility Act of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) was enacted as division C of the Omnibus Consolidated Appropriations Act of 1997. It brought about significant changes to the Immigration and Nationality Act (INA). The law came into effect on April 1, 1997, and was designed to strengthen "the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system", according to former US President Bill Clinton.
IIRAIRA expanded the restrictions on federally distributed post-secondary education funds. It denied federal funding for post-secondary education to most groups of aliens, and extended these restrictions to state-level funding decisions. The Act also made it a criminal offence for an alien to vote in a federal election.
The Act also increased the types of offences considered aggravated felonies. After IIRAIRA, any crime with a penalty of one year or longer was considered an aggravated felony, and any alien convicted of such a felony could face deportation and be prohibited from receiving relief that would spare them from deportation, including asylum.
IIRAIRA also addressed numerous loopholes in US immigration policy, such as allowing nonimmigrants who overstayed their visas or violated their status to pay a fine and adjust their status to permanent residence. With IIRAIRA, lawfully admitted nonimmigrants who overstay their visas are no longer eligible for a new nonimmigrant visa.
The Act also revised alien removal and penalty provisions, including the inadmissibility of previously removed unlawful aliens, alien apprehension and detention, and removal procedures. It also established civil penalties for failure to depart and the Immigration Enforcement Account in the Treasury.
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DACA and DAPA
Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) are two US immigration policies that offer certain immigrants protection from immediate deportation and other benefits.
DACA
DACA was created by former President Barack Obama in 2012 and allows certain undocumented immigrants who entered the US before their 16th birthday and before June 2007 to receive renewable two-year work permits and exemption from deportation. The program does not provide a path to citizenship and confers non-immigrant legal status. DACA was expanded in 2014 to include undocumented immigrants who entered the country before 2010 and eliminated the requirement for applicants to be younger than 31. As of December 31, 2015, over 700,000 young people have benefited from DACA, broadening their educational opportunities.
DAPA
DAPA was introduced by the Obama administration in November 2014. It grants deferred action status to some undocumented immigrants who have lived in the US since 2010 and have children who are either American citizens or lawful permanent residents. To be eligible, immigrants must not have been convicted of a felony or significant misdemeanour and must not pose a threat to national security. DAPA grants last for three years and include a renewable employment authorization document (work permit) and exemption from deportation.
Legal Challenges
The Trump administration formally ended DAPA in June 2017 but stated that DACA would remain in place. However, the administration's actions and policy decisions have continued to create fear and anxiety in immigrant communities. The future of DACA remains uncertain, with the program still under review by the administration.
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Frequently asked questions
The 1917 Act, which included provisions that paved the way for the 1924 Immigration Act.
It implemented a literacy test for immigrants over 16, increased the tax paid by new immigrants, and allowed immigration officials to exercise more discretion in making decisions. It also excluded anyone born in a geographically defined "Asiatic Barred Zone" from entering the US.
The Asiatic Barred Zone was a racially constructed zone that counted anyone with one or more Asian parents, born anywhere in the world, under the national quota of the Asian nation of their ethnicity. This ensured that total Asian immigration remained very limited.
The Immigration Act of 1924, also known as the Johnson-Reed Act, was a law that lowered the existing quota for immigration from 3% to 2% of the foreign-born population.
In 2012, President Obama allowed young adults who had been brought to the US illegally as children to apply for deportation relief and a work permit. This program was known as Deferred Action for Childhood Arrivals (DACA). In 2020, the Trump administration launched the Title 42 Immigration Act, which allowed US authorities to push migrants back to Mexico or their country of origin.
