History of Laws Concerning Immigration and Naturalization in The United States - 20th Century

20th Century

The Empire of Japan's State Department negotiated the so-called Gentlemen's Agreement in 1907, a protocol where Japan agreed to stop issuing passports to its citizens who wanted to emigrate to the United States. In practice, the Japanese government compromised with its prospective emigrants and continued to give passports to the Territory of Hawaii where many Japanese resided. Once in Hawaii, it was easy for the Japanese to continue on to Japanese settlements on the west coast if they so desired. In the decade of 1901 to 1910, 129,000 Japanese immigrated to the United States or Hawaii, nearly all were males and on five-year work contracts and 117,000 more came in the decades from 1911 to 1930. How many of them stayed and how many returned at the end of their contracts is unknown but it is estimated that about one-half returned. Again this immigrant flow was at least 80% male and the demand for female Japanese immigrants almost immediately arose. This need was met in part by what are called "postcard wives" who immigrated to new husbands who had chosen them on the basis of their pictures (similar marriages also occurred in nearly all cultures throughout the female-scarce west). The Japanese government finally quit issuing passports to the Territory of Hawaii for single women in the 1920s.

Congress also banned persons because of poor health or lack of education. An 1882 law banned entry of "lunatics" and infectious disease carriers. After President William McKinley was assassinated by an anarchist of immigrant parentage, Congress enacted the Anarchist Exclusion Act in 1901 to exclude known anarchist agitators. A literacy requirement was added in the Immigration Act of 1917.

In 1921 the United States Congress passed the Emergency Quota Act, which established national immigration quotas. The quotas were based on the number of foreign-born residents of each nationality who were living in the United States as of the 1910 census.

The crucial 1923 Supreme Court case United States v. Bhagat Singh Thind created the official stance to classify Indians as non-white, which at the time retroactively stripped Indians of citizenship, since prosecutors argued Indian Americans had gained citizenship illegally. The California Alien Land Law of 1913 (invalidated in 1952) and others similar racist laws prohibited these aliens from owning land property, thus effectively stripping Indian Americans from land rights. While the decision was placating racist Asiatic Exclusion League (AEL) demands, spurned by growing outrage at the Turban Tide/Hindoo Invasion alongside the preexisting outrage at the "Yellow Peril", and while more recent legislation influenced by the civil-rights movement has removed much of the statutory discrimination against Asians, no case has overturned this 1923 classification.

A more complex quota plan, the National Origins Formula, replaced this "emergency" system under the Immigration Act of 1924 (Johnson-Reed Act). The reference census used was changed to that of 1890, which greatly reduced the number of Southern and Eastern European immigrants. An annual ceiling of 154,227 was set for the Eastern Hemisphere. Each country had a quota proportional to its population in the U.S. as of the 1920 census.

In 1932 President Roosevelt and the State Department essentially shut down immigration during the Great Depression as immigration went from 236,000 in 1929 to 23,000 in 1933. This was accompanied by voluntary repatriation to Europe and Mexico, and coerced repatriation and deportation of between 500,000 and 2 million Mexican Americans, mostly citizens, in the Mexican Repatriation. Total immigration in the decade of 1931 to 1940 was 528,000 averaging less than 53,000 a year.

The Chinese exclusion laws were repealed in 1943. The Luce-Celler Act of 1946 ended discrimination against Indian Americans and Filipinos, who were accorded the right to naturalization, and allowed a quota of 100 immigrants per year.

The Immigration and Nationality Act of 1952 (the McCarran-Walter Act) revised the quotas again, basing them on the 1920 census. For the first time in American history, racial distinctions were omitted from the U.S. Code. As could be expected, most of the quota allocation went to immigrants from Ireland, the United Kingdom and Germany who already had relatives in the United States. The anti-subversive features of this law are still in force.

Read more about this topic:  History Of Laws Concerning Immigration And Naturalization In The United States