Anaya Nolan
Immigration laws are created by the legislative branch of a country's government, which in the United States is the U.S. Congress. The U.S. began regulating immigration soon after gaining independence from Great Britain, and the laws enacted have reflected the politics and migrant flows of the times. For example, early legislation tended to favour Europeans, but a sweeping 1965 law opened doors to immigrants from other parts of the world. In more recent years, laws have been shaped by concerns about refugees, unauthorized immigration, and terrorism.
| Characteristics | Values |
|---|---|
| Country | United States |
| Immigration laws since independence | Reflect the politics and migrant flows of the times |
| Early legislation | Favored Europeans |
| First widely restrictive immigration law | Enacted in 1917 by the U.S. Congress |
| Immigration Act of 1903 | Restricted immigration based on immigrants' political beliefs |
| Immigration laws after the Civil War | Regulated by the federal government |
| Immigration Act of 1891 | Created the Bureau of Immigration |
| Immigration Service financing | "Immigrant fund" from collection of immigrants' head tax |
| Immigration Act of 1924 | Restricted immigration with an annual cap of 165,000 |
| Immigration and Nationality Act (INA) of 1952 | Created a quota system based on the 1920 census |
| INA of 1952 | Explicitly barred LGBTQ+ migrants |
| Immigration and Nationality Act of 1965 | Favored family reunification and skilled immigrants |
| Immigration Reform and Control Act of 1986 | Granted legalization to millions of unauthorized immigrants |
| Immigration Act of 1990 | Increased total level of immigration to 700,000 |
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What You'll Learn
Immigration laws in the US have evolved since 1790
Immigration laws in the US have been evolving since 1790, when the first naturalization law was passed. This law, the Naturalization Act of 1790, enabled those who had resided in the country for two years and had kept their current state of residence for a year to apply for citizenship. However, this privilege was limited to free whites of "good moral character".
In 1802, the Naturalization Law was repealed and replaced by the Naturalization Act of 1798, which changed the residency requirement back to five years. The Steerage Act of 1819 was the first law to regulate the conditions of transportation for people arriving and departing by sea, setting a limit of two passengers for every five tons of ship burden.
By the early 1900s, immigration flows shifted from northern and western European nations to southern and eastern Europe. In response, the Immigration Acts of 1921 and 1924 attempted to restore earlier patterns by imposing quotas based on nationality, favoring northern and western European countries. Long-standing restrictions began to change in 1943, with a law allowing a limited number of Chinese immigrants, and in 1952, when race was formally removed as grounds for exclusion.
The landmark Immigration and Nationality Act of 1965 created a new system favoring family reunification and skilled immigrants, opening doors to those from outside Europe. Since then, several laws have focused on refugees, including Indochinese refugees in the 1970s and, later, Chinese, Nicaraguan, and Haitian nationals. The 1986 Immigration Reform and Control Act granted legalization to millions of unauthorized immigrants, mainly from Latin America.
More recent laws have addressed concerns about terrorism and unauthorized immigration, emphasizing border control and enforcement of hiring laws. The Deferred Action for Childhood Arrivals (DACA) program, established in 2012, allows certain individuals brought to the US as minors to remain and work lawfully.
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The US Congress has passed several restrictive immigration laws
In the US, Congress has the power to make laws concerning immigration. Long-standing Supreme Court precedent recognizes Congress as having plenary power over immigration, giving it almost complete authority to decide whether foreign nationals (aliens, under governing statutes and case law) may enter or remain in the US. This power is derived from the Migration and Importation Clause, which barred Congress from outlawing the slave trade before 1808, and the Constitution's establishment of a federal government.
The Immigration Act of 1924, also known as the Johnson-Reed Act, further restricted immigration. It built upon the 1917 Act by completely barring the entry of Japanese immigrants, violating the Gentlemen's Agreement with Japan. This restriction also applied to Asians not previously prevented from immigrating, straining relations with Japan and potentially with some European countries. The Act also lowered the existing quota from three to two percent of the foreign-born population, calculated based on the 1890 census rather than the 1910 census.
The Immigration Act of 1990 created the Diversity Visa Program, a dedicated channel for immigrants from countries with low rates of immigration to the US. Each year, 55,000 visas are allocated randomly through a lottery system to nationals from countries that have sent fewer than 50,000 immigrants to the US in the previous five years. This program was originally intended to favor immigration from Ireland, with at least 40% of the visas allocated exclusively to Irish immigrants during the first three years.
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The 1965 Immigration and Nationality Act favoured skilled immigrants
In the United States, immigration laws are created by Congress. The Immigration and Nationality Act of 1965 was passed in the subcommittees and brought to the floors of Congress, where it received wide support. The bill was introduced in the Senate Judiciary Committee's Immigration and Naturalization Subcommittee by Senator Philip Hart, and in the United States House of Representatives by Representative Emanuel Celler.
The 1965 Act was a radical break from past US immigration policies, which had restricted immigration from Asia and Africa and given preference to Northern and Western Europeans over Southern and Eastern Europeans. The new law abolished the national-origins quota system and replaced it with a preference system based on immigrants' family relationships with US citizens or legal permanent residents. It also ended preferences for white immigrants dating back to the 18th century.
The 1965 Immigration and Nationality Act has had a profound impact on the flow of immigrants to the United States and contributed to the transformation of the country's demographic profile. Since the passage of the Act, immigration has been dominated by people born in Asia and Latin America, rather than Europe. The Act's proponents view it as a historic success, crediting the influx of immigrants for making the country younger, more diverse, and more talented, and for generating prosperity and economic growth. Critics, however, argue that high admission levels of diverse groups of immigrants have created more competition for low-skilled US workers and disrupted the country's cultural homogeneity.
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The US has the world's most open immigration policy
US immigration law is complex, and the country's immigration system is designed to allow immigrants with valuable skills to enter on a temporary or permanent basis. The Immigration and Nationality Act (INA) governs US immigration policy, and it allows the country to grant up to 675,000 permanent immigrant visas annually across various categories. The INA also sets no limit on the annual admission of US citizens' spouses, parents, and children under 21. The US also has the Diversity Visa Program, which was created to encourage immigration from countries with typically low immigration rates to the US. This program allocates 55,000 visas annually through a lottery system.
The US has a large immigrant population, with more than 40 million people living in the country born elsewhere, accounting for about one-fifth of the world's migrants. Most immigrants are in the country legally, and in fiscal year 2022, almost 1 million lawful immigrants became US citizens through naturalization. The US also has programs in place to support those immigrating for humanitarian reasons, such as the Deferred Action for Childhood Arrivals (DACA) program, which allows certain individuals who entered the US as minors to remain and work lawfully.
While the US does have a range of immigration policies and programs in place, it is challenging to determine whether it has the world's most open immigration policy. Each country's immigration system is unique, and factors such as geographical location, economic situation, and historical context influence immigration policies. Additionally, the term "open immigration policy" is relative and can be interpreted differently by different people.
However, it is worth noting that the US has a history of attracting immigrants from all over the world, and its policies, such as the Diversity Visa Program, reflect an attempt to maintain this diversity. The US also has a high number of immigrants, and its policies, such as those allowing for family reunification and employment-based immigration, continue to attract immigrants seeking opportunities and a better life.
In conclusion, while a definitive statement about the world's most open immigration policy is challenging, the US's immigration policies, programs, and immigrant population suggest that it is one of the most attractive destinations for immigrants worldwide.
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Immigration laws are enforced by agencies like the USCIS
The USCIS also offers resources for individuals to check the status of their immigration applications or petitions. Additionally, it supports initiatives like E-Verify, an electronic system that allows employers to confirm the employment eligibility of their employees.
The history of US immigration laws and their enforcement by agencies like the USCIS reflects the evolving political landscape and migrant flows over time. Early legislation, such as the 1790 law, restricted citizenship to free whites of "good moral character" who had resided in the US for at least two years. This exclusivity was challenged in 1870 when the right of citizenship was extended to people of African origin.
Over time, the focus of immigration laws shifted, and in 1917, the US Congress passed the first widely restrictive immigration law, which included literacy tests and increased taxes for new immigrants. The Immigration Act of 1924 further emphasized preserving the racial composition of the country by excluding certain races and nationalities from eligibility for citizenship. However, these restrictive policies began to change in 1943, with laws allowing limited numbers of Chinese immigrants, and in 1952, removing race as a criterion for exclusion.
More recent immigration laws have addressed concerns related to refugees, unauthorized immigration, and terrorism. For example, the Immigration Reform and Control Act of 1986 granted legalization to millions of unauthorized immigrants, primarily from Latin America. The USCIS plays a crucial role in implementing and enforcing these laws, ensuring the security and integrity of the nation's immigration system.
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Frequently asked questions
Immigration laws in the United States are created by the federal government and Congress.
Immigration laws in the US have evolved to reflect the politics and migrant flows of the times. Early legislation tended to favour Europeans, but the Immigration and Nationality Act of 1965 removed quotas based on country limits and favoured family reunification and skilled immigrants.
The Immigration Act of 1924, also known as the Johnson-Reed Act, restricted immigration to an annual cap of 165,000. This was based on 2% of each nationality's population from the 1890 census. The Act also included provisions that excluded certain races or nationalities from entry.
Recent changes to immigration laws have been influenced by concerns about refugees, unauthorised immigration, and terrorism. The Immigration Act of 1990, for example, increased the total level of immigration and retained family reunification as the major entry path. The Immigration Reform and Control Act of 1986 granted legalisation to millions of unauthorised immigrants from Latin America.
