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Exclusion and the Golden Door:
   U.S. Immigration Policy

        Jonathan T. Lyons
         Political Science
        Capstone Fall 2007
Overview
• Policy History from
  1790-Present
• How stereotypes and
  xenophobia influenced
  policy development
• Current Status of
  Immigration
First Immigration Legislation
• Act of March 26th, 1790
  – Set residency requirement for citizenship at 2
    years
• Act of January 29th, 1795
  – Requirement amended to 5 years
• Federalists vs. Jeffersonians
Alien and Sedition Acts (1798)
• Naturalization Act
• Alien and Alien
  Enemy Acts
• Sedition Act-
  Infringement on Free
  Speech


                         John Adams
Open-Door Era (1790-1882)
• Federalist acts expired with
  Thomas Jefferson
  Presidency
• After the founding of the
  U.S. immigration is
  encouraged
• 1819- “An act regulating
  passenger ships and
  vessels”
   – Began recording the number
     of immigrants entering the
     United States
                                  Thomas Jefferson
Open-Door Era
• 1821-1830: 143,439 immigrants arrive
• President John Tyler encourages immigration
  in his message to the 22nd Congress in 1841
• “We hold out the to the people of other
  countries an invitation to come and settle
  among us”
Opposition to Early Immigration
• The Irish Potato Famine (1845-1851) and
  crop failures in Germany resulted in heavy
  Irish/German immigration
• Irish immigrants are almost exclusively
  Catholic, German immigrants have large
  Catholic segment
• Nativist sentiments emerged in northern
  cities such as Boston and New York
499 lyons07immigration
The Gold Rush: Immigration Explosion
• 1848-James W. Marshall
  discovers gold in the American
  River outside Sacramento
• Gold discovery inspires an
  explosion in immigration,
  especially from China
• 1841-1850: 1,713,251
  immigrants arrive
• 1850-United States census
  records the “nativity” of citizens
Know-Nothing Movement
            (American Party)
• Began as the Order of the
  Star Spangled Banner
   – Members had to be native-
     born white Protestants
   – Their oath: “to resist the
     insidious policy of the
     Church of Rome…by
     placing in all offices
     native-born Protestant
     citizens”                    Know-Nothing Party Flag
Open-Door Era
• 1851-1870: 4,913,039 immigrants arrive
• 1862-Homestead Act
• 1863-Central Pacific and Union Pacific hire
  Chinese and Irish laborers respectively to
  construct first transcontinental railroad
  – Completed at Promontory Summit, Utah on
    May 10th, 1869
Chinese Exclusion Act
• Signed May 6th, 1882
• Reaction to rapid expansion of Chinese
  immigration
• First act directed at a nationality
• Beginning of “Door-Ajar” Era
Door-Ajar Era
• January 1st, 1892-Ellis
  Island opens
• May 1892-Geary Act
   – Extends exclusion of
     Chinese 10 additional
     years
   – Required all Chinese to
     obtain a certificate of
     residence within one
     year
   – Excluded Chinese from
     being witnesses
499 lyons07immigration
Door-Ajar Era
• 1904-Chinese Exclusion Act extended indefinitely
• Immigration Act of February 20th, 1907
• Created the Dillingham Commission
   – Distinguished between “old” and “new” immigrants
   – Conclusions led to the establishment of Quota Acts
• Immigration Act of 1917-Asiatic Barred Zone
Asiatic Barred Zone
Quota System
• Began with Emergency
  Quota Act of 1921
• Immigrants could only
  constitute 3% of their
  country’s existing
  population in the U.S.
  according to 1910 census
  data
• 357,000 per year
• President Calvin Coolidge:
  “America is for Americans”

                               Calvin Coolidge
Quota System
• Albert Johnson-chairman of House of
  Representatives C.I.N.
• Johnson-Reed Immigration Act of 1924
  – Changed quota to 2% of resident nationalities
  – Reduced annual total immigration to 150,000
  – Shifted back to 1890 census as benchmark
National Origins System
• Created in the Johnson-Reed Act but
  delayed until 1929
• Eugenics-driven policy
• “Encouraged” immigration of “old”
  Northwestern Europeans and discouraged
  “new” immigration from Southeastern
  Europe
499 lyons07immigration
Immigration During Quota System
• National Origins made no
  specifications against
  immigrants from Western
  Hemisphere
• Coolidge saw limits on this
  type of immigration as
  counterproductive
• Mexicans welcomed
  during labor shortage of
  World War I, then
  deported during Great
  Depression
Bracero Program
• 1942-Agreement
  between Mexico and
  U.S.
  – Contracted over 4.5
    million Mexican
    nationals for work on
    U.S. farms
  – “Mojados”
    undocumented
    Mexican laborers
Bracero Program
• Postwar economy was strong, due in part to
  Bracero labor
• Mexican laborers filled void left by
  exclusion of Asian immigrants and National
  Origin Systems
• 1954- “Operation Wetback” enacted to stem
  the tide of undocumented laborers
Civil Rights Legislation
• December 31, 1964-
  Bracero Program ends
• Immigration Act of 1965
   – Ended the quota system
   – First regulation of
     Western Hemisphere
     immigration
   – Set limit of 20,000 visas
     per year on nations of
     Eastern Hemisphere




                                 Lyndon B. Johnson
Shift in Ethnicity
• Act of 1965 stimulated
  Asian immigration
• Western Europe was
  economically prosperous,
  Eastern Europe under
  Soviet influence
• Increase in refugees from
  Latin American and
  Asian countries during
  wartime
Illegal Immigration
• 1980-number of legal
  immigrants entering
  annually reaches
  500,000
• 1986-Immigration
  Reform and Control Act
   – Placed sanctions on
     employers who hired
     illegal immigrants
   – Offered amnesty, 2
     million undocumented
     immigrants gained
     eventual citizenship
Proposition 187
• Passed by California
  in 1994
• Denied public
  benefits to illegal
  aliens
• Immediately blocked
  and then overturned
  by Supreme Court in
  1998
                           Gray Davis
Post 9/11 Immigration Policy
• March 1, 2003-INS
  transitions into
  U.S.C.I.S.
• Department of
  Homeland Security
• Creation of
  Immigration Customs
  and Enforcement
499 lyons07immigration
Immigration and Customs
           Enforcement
• J.W. Barnes, Senior Special Agent
• Current illegal population grossly
  underestimated
• Border towns controlled, deserts are a
  revolving door
• Only illegal immigrants deported easily are
  those with a criminal record
Proposed Legislation
•   Amnesty
•   Real ID
•   Guest-Worker Program
•   Project 28
•   June 28th, 2007-Senate votes to block
    massive reform of U.S. immigration policy
2008 Presidential Candidates
Candidates Statements and Recent
              Voting
• Clinton and Obama-both gave speeches
  using the phrase “out of the shadows”
• In favor of C.I.R.A. of 2006
• Huckabee-voting record favors helping
  illegal aliens within U.S.
• Romney-empowered MA police to arrest
  and deport illegal aliens
Conclusions
• Stereotypes and anti-foreign sentiments
  influenced policy development
• Current policy in need of overhaul
• How will U.S. immigration policy further
  develop?
Further Reading
• Beasley, Vanessa B., ed. 2006. Who Belongs in America?
  Presidents, Rhetoric, and Immigration. College Station,
  TX: Texas A&M University Press
• Daniels, Roger. 2004. Guarding the Golden Door:
  American Immigration Policy and Immigrants Since 1882.
  New York, NY: Hill and Wang Publishing
• Hutchinson, E.P. 1981. Legislative History of American
  Immigration Policy 1798-1965. Philadelphia, PA:
  University of Pennsylvania Press
• King, Desmond. 2000. Making Americans: Immigration,
  Race, and the Origins of the Diverse Democracy.
  Cambridge, Massachusetts: Harvard University Press

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499 lyons07immigration

  • 1. Exclusion and the Golden Door: U.S. Immigration Policy Jonathan T. Lyons Political Science Capstone Fall 2007
  • 2. Overview • Policy History from 1790-Present • How stereotypes and xenophobia influenced policy development • Current Status of Immigration
  • 3. First Immigration Legislation • Act of March 26th, 1790 – Set residency requirement for citizenship at 2 years • Act of January 29th, 1795 – Requirement amended to 5 years • Federalists vs. Jeffersonians
  • 4. Alien and Sedition Acts (1798) • Naturalization Act • Alien and Alien Enemy Acts • Sedition Act- Infringement on Free Speech John Adams
  • 5. Open-Door Era (1790-1882) • Federalist acts expired with Thomas Jefferson Presidency • After the founding of the U.S. immigration is encouraged • 1819- “An act regulating passenger ships and vessels” – Began recording the number of immigrants entering the United States Thomas Jefferson
  • 6. Open-Door Era • 1821-1830: 143,439 immigrants arrive • President John Tyler encourages immigration in his message to the 22nd Congress in 1841 • “We hold out the to the people of other countries an invitation to come and settle among us”
  • 7. Opposition to Early Immigration • The Irish Potato Famine (1845-1851) and crop failures in Germany resulted in heavy Irish/German immigration • Irish immigrants are almost exclusively Catholic, German immigrants have large Catholic segment • Nativist sentiments emerged in northern cities such as Boston and New York
  • 9. The Gold Rush: Immigration Explosion • 1848-James W. Marshall discovers gold in the American River outside Sacramento • Gold discovery inspires an explosion in immigration, especially from China • 1841-1850: 1,713,251 immigrants arrive • 1850-United States census records the “nativity” of citizens
  • 10. Know-Nothing Movement (American Party) • Began as the Order of the Star Spangled Banner – Members had to be native- born white Protestants – Their oath: “to resist the insidious policy of the Church of Rome…by placing in all offices native-born Protestant citizens” Know-Nothing Party Flag
  • 11. Open-Door Era • 1851-1870: 4,913,039 immigrants arrive • 1862-Homestead Act • 1863-Central Pacific and Union Pacific hire Chinese and Irish laborers respectively to construct first transcontinental railroad – Completed at Promontory Summit, Utah on May 10th, 1869
  • 12. Chinese Exclusion Act • Signed May 6th, 1882 • Reaction to rapid expansion of Chinese immigration • First act directed at a nationality • Beginning of “Door-Ajar” Era
  • 13. Door-Ajar Era • January 1st, 1892-Ellis Island opens • May 1892-Geary Act – Extends exclusion of Chinese 10 additional years – Required all Chinese to obtain a certificate of residence within one year – Excluded Chinese from being witnesses
  • 15. Door-Ajar Era • 1904-Chinese Exclusion Act extended indefinitely • Immigration Act of February 20th, 1907 • Created the Dillingham Commission – Distinguished between “old” and “new” immigrants – Conclusions led to the establishment of Quota Acts • Immigration Act of 1917-Asiatic Barred Zone
  • 17. Quota System • Began with Emergency Quota Act of 1921 • Immigrants could only constitute 3% of their country’s existing population in the U.S. according to 1910 census data • 357,000 per year • President Calvin Coolidge: “America is for Americans” Calvin Coolidge
  • 18. Quota System • Albert Johnson-chairman of House of Representatives C.I.N. • Johnson-Reed Immigration Act of 1924 – Changed quota to 2% of resident nationalities – Reduced annual total immigration to 150,000 – Shifted back to 1890 census as benchmark
  • 19. National Origins System • Created in the Johnson-Reed Act but delayed until 1929 • Eugenics-driven policy • “Encouraged” immigration of “old” Northwestern Europeans and discouraged “new” immigration from Southeastern Europe
  • 21. Immigration During Quota System • National Origins made no specifications against immigrants from Western Hemisphere • Coolidge saw limits on this type of immigration as counterproductive • Mexicans welcomed during labor shortage of World War I, then deported during Great Depression
  • 22. Bracero Program • 1942-Agreement between Mexico and U.S. – Contracted over 4.5 million Mexican nationals for work on U.S. farms – “Mojados” undocumented Mexican laborers
  • 23. Bracero Program • Postwar economy was strong, due in part to Bracero labor • Mexican laborers filled void left by exclusion of Asian immigrants and National Origin Systems • 1954- “Operation Wetback” enacted to stem the tide of undocumented laborers
  • 24. Civil Rights Legislation • December 31, 1964- Bracero Program ends • Immigration Act of 1965 – Ended the quota system – First regulation of Western Hemisphere immigration – Set limit of 20,000 visas per year on nations of Eastern Hemisphere Lyndon B. Johnson
  • 25. Shift in Ethnicity • Act of 1965 stimulated Asian immigration • Western Europe was economically prosperous, Eastern Europe under Soviet influence • Increase in refugees from Latin American and Asian countries during wartime
  • 26. Illegal Immigration • 1980-number of legal immigrants entering annually reaches 500,000 • 1986-Immigration Reform and Control Act – Placed sanctions on employers who hired illegal immigrants – Offered amnesty, 2 million undocumented immigrants gained eventual citizenship
  • 27. Proposition 187 • Passed by California in 1994 • Denied public benefits to illegal aliens • Immediately blocked and then overturned by Supreme Court in 1998 Gray Davis
  • 28. Post 9/11 Immigration Policy • March 1, 2003-INS transitions into U.S.C.I.S. • Department of Homeland Security • Creation of Immigration Customs and Enforcement
  • 30. Immigration and Customs Enforcement • J.W. Barnes, Senior Special Agent • Current illegal population grossly underestimated • Border towns controlled, deserts are a revolving door • Only illegal immigrants deported easily are those with a criminal record
  • 31. Proposed Legislation • Amnesty • Real ID • Guest-Worker Program • Project 28 • June 28th, 2007-Senate votes to block massive reform of U.S. immigration policy
  • 33. Candidates Statements and Recent Voting • Clinton and Obama-both gave speeches using the phrase “out of the shadows” • In favor of C.I.R.A. of 2006 • Huckabee-voting record favors helping illegal aliens within U.S. • Romney-empowered MA police to arrest and deport illegal aliens
  • 34. Conclusions • Stereotypes and anti-foreign sentiments influenced policy development • Current policy in need of overhaul • How will U.S. immigration policy further develop?
  • 35. Further Reading • Beasley, Vanessa B., ed. 2006. Who Belongs in America? Presidents, Rhetoric, and Immigration. College Station, TX: Texas A&M University Press • Daniels, Roger. 2004. Guarding the Golden Door: American Immigration Policy and Immigrants Since 1882. New York, NY: Hill and Wang Publishing • Hutchinson, E.P. 1981. Legislative History of American Immigration Policy 1798-1965. Philadelphia, PA: University of Pennsylvania Press • King, Desmond. 2000. Making Americans: Immigration, Race, and the Origins of the Diverse Democracy. Cambridge, Massachusetts: Harvard University Press