Yellow Peril - American National Origins Formula

American National Origins Formula

In the USA xenophobic fears against the alleged "Yellow Peril" led to the implementation of the Page Act of 1875, the 1882 Chinese Exclusion Act, expanded ten years later by the Geary Act. The Chinese Exclusion Act replaced the Burlingame Treaty ratified in 1868, which encouraged Chinese immigration, provided that "citizens of the United States in China of every religious persuasion and Chinese subjects in the United States shall enjoy entire liberty of conscience and shall be exempt from all disability or persecution on account of their religious faith or worship in either country" and granted certain privileges to citizens of either country residing in the other, withholding, however, the right of naturalization. The Immigration Act of 1917 then created an "Asian Barred Zone" under nativist influence. The Cable Act of 1922 guaranteed independent female citizenship only to women who were married to "alien eligible to naturalization". At the time of the law's passage, Asian aliens were not considered to be racially eligible for U.S. citizenship. As such, the Cable Act only partially reversed previous policies, granting independent female citizenship only to women who married non-Asians. The Cable Act effectively revoked the U.S. citizenship of any woman who married an Asian alien. The National Origins Quota of 1924 also included a reference aimed against Japanese citizens, who were ineligible for naturalization and could not either be accepted on U.S. territory. In 1922, a Japanese citizen attempted to demonstrate that the Japanese were members of the "white race", and, as such, eligible for naturalization. This was denied by the Supreme Court in Takao Ozawa v. United States, who judged that Japanese were not members of the "Caucasian race".

The 1921 Emergency Quota Act, and then the Immigration Act of 1924, restricted immigration according to national origins. While the Emergency Quota Act used the census of 1910, xenophobic fears in the WASP community lead to the adoption of the 1890 census, more favorable to White Anglo-Saxon Protestant (WASP) population, for the uses of the Immigration Act of 1924, which responded to rising immigration from Southern and Eastern Europe, as well as Asia.

One of the goal of this National Origins Formula, established in 1929, was explicitly to keep the status quo distribution of ethnicity, by allocating quotas in proportion to the actual population. The idea was that immigration would not be allowed to change the "national character". Total annual immigration was capped at 150,000. Asians were excluded but residents of nations in the Americas were not restricted, thus making official the racial discrimination in immigration laws. This system was repealed with the Immigration and Nationality Act of 1965.