Chain Migration - Legislation and Chain Migration

Legislation and Chain Migration

While the networks and effects of chain migration are in effect regardless of laws limiting immigration, the changing goals and provisions of immigration legislation nonetheless effect how the system of chain migration works. Exclusion and quotas have affected who chain migration draws as potential immigrants as well as how immigrants deal with their status once in the new country. However, family reunification policies in immigration law have served to promote chain migration through extended family visas.

The Chinese Exclusion Act of 1882, and its successors creating the Asiatic Barred Zone, and the National Origins quota system built by the Immigration Act of 1924 were effective in limiting chain migration but could not end it entirely. Chinese immigrants took advantage of loopholes and false documents to enter the United States until the McCarran—Walter Act of 1952 gave them a migration quota.

Other migrant groups were limited in number by the National Origins quota system, which designated national quotas based on census ratios from 1890. These ratios heavily favored Western European nations and older migrant groups, such as the English, Irish, and Germans. The ratios attempted to limit the rising number of Southern and Eastern European immigrants. The National Origins quota system provided limited family reunification as a means for chain migration and placed a preference on naturalization. If an immigrant became a U.S. citizen, he or she had the ability obtain non-quota visas for more family members, but as a resident that number was capped annually. Additionally, the Immigration Act of 1924 formally opened the door to chain migration from the entire western hemisphere, placing that group under non-quota status.

The abolition of the National Origins quota system came with the Hart-Celler Act of 1965. This legislation placed a heavy emphasis on family reunification, designating 74% of visas for that purpose. There was no limit on spouses, unmarried minor children, and parents of U.S. citizens. The percentages for family reunification were as follows: Unmarried adult children of U.S. citizens (20%), spouses and unmarried children of permanent residents aliens (20%), married children of U.S. citizens (10%), brothers and sisters of U.S. citizens over age 21 (24%). These new visa preferences created a swell of new chain migration and immigration in general. The Third World began to outpace European immigration to America for the first time in history, surpassing it by the end of the 1960s and doubling the numbers of European migration by the end of the 1970s.

In reaction to the flood of new immigrants brought by the Hart-Celler Act, and increasing numbers of undocumented immigrants from Mexico and Latin America, Congress attempted to reverse the consequences of the 1965 legislation by enforcing border patrol, using amnesty for undocumented immigrants in the Immigration Reform and Control Act of 1986, and proposing limits to family reunification policies. The effects of the ending the Bracero Program were increased undocumented Mexican migration because of the social capital gained during that period. Chain migration had provided relatively easy access to migration for Mexicans that the immigration legislation of the 1980s to the present has attempted to deal with.