In the last installment, we delved into a hypothetical scenario illustrating the challenges faced by immigrants during times of political upheaval. We drew parallels between the fictional narrative and the historical context of the "Okies" during the Great Depression. Now, let's embark on a new journey.
Up Front: Throughout its robust history, US Immigration policy has become entwined with intricately woven threads of exclusion, prejudice, and security. From the Chinese exclusion act to the Immigration Act of 1990, the United States has navigated the complicated issue of immigration through trial and error.
Imagine this: You are a Chinese immigrant residing in California in the year 1882. Earlier this year, Congress passed a new law known as the "Chinese Exclusion Act," effectively banning any new Chinese labor immigrants. You're relieved that you made it to California before this ban took effect, but you're aware that it may forever alter the course of your life.
Your wife and children, whom you left behind while you settled in the United States, may never join you due to the ban. Returning to visit them in China poses a risk – you might not be allowed back into California, where you've found a lucrative job as the owner of a general store in the small mining town of Marysville.
Rumors of a second law loom on the horizon: an act imposing a 50-cent tax per person for all immigrants. Even with your well-paying job, you can't afford to reunite your family and cover the hefty $3 tax for your wife and five children.
Your general store has been ransacked, and you fear leaving it for extended periods, dreading the possibility of losing your livelihood and ownership due to your ethnicity alone.
You wonder how long it will be before your presence alone is insufficient proof of your ownership, and you lose everything, all because of the nation of your birth.
The Chinese Exclusion Act of 1882 marked a significant turning point in U.S. immigration policy. Born out of anti-Chinese sentiments, the act aimed to address concerns that Chinese immigrants were driving down wages and taking jobs from American workers.
That same year, Congress passed the Immigration Act of 1882, which imposed further restrictions. This act made it illegal to immigrate to the United States if an individual was deemed an "idiot," "lunatic," "convict," or likely to become a "public charge." It also established a 50-cent head tax per person. These combined restrictions effectively outlawed Chinese immigration, fostering the perception that all Americans of Asian descent were in the nation illegally.
Until the Chinese Exclusion and subsequent general Immigration Acts of 1882, the United States was relatively open to immigration, in fact, many Americans actively encouraged immigration, but xenophobic tendencies began impacting public opinion and shaped federal immigration law in the aftermath of the Civil War.
The Chinese immigration ban was extended under the Geary Act of 1892 and was made permanent shortly thereafter. Adding further insult to injury, the Geary act mandated that all Chinese immigrants obtain documentation to prove residency and to carry them at all times or risk arrest and deportation.
The National Origins Act of 1924 changed immigration law by establishing the 1890 Census as the baseline to determine how many immigrants from each nation would be allowed to enter the United States. Under the National Origins act, the limit was set at 2% of the total population of each nationality already living in the United States at the time of the census. Unfortunately for Chinese immigrants, the ban remained in effect until China became a member of the allied nations in 1943. The US lifted all immigration bans during WWII, though, the nation kept annual immigration quotas, with the limit for Chinese immigrants set at 105 per year.
The national origins policy lasted another 25 years until Congress passed the Immigration Act of 1965. The new policy set a limit of 170,000 immigrants from outside the Western hemisphere, and then only allowing a maximum of 20,000 from each nation. In addition to these numeric limits, the Immigration Act of 1965 limited immigration to those with verifiable need for political asylum as well as skills deemed necessary for national progress. This meant that the skilled workers and those fleeing communism held priority over those unskilled laborers from lesser developed countries like China.
Another 25 years passed, and in 1990, Congress passed a new immigration policy from geographic and nationality-based immigration limits, to what was touted as a more flexible worldwide immigration cap system that took established family-based, employment-based, and diversity immigrant visas. In the new policy, Congress also set a limit of 7% per foreign state of the total available visas in each year.
As we trace the path of immigration legislation, from the Chinese Exclusion Act of 1882 to our current policies, we witness the evolving identity of our nation as a land of opportunity. These threads of exclusion, prejudice, and security concerns have become intricately woven together, shaping our present immigration landscape.
Today’s national debate still grapples with these same threads. Therefore, as we revisit our past, it’s crucial to remember that our nation’s strength has always been rooted in embracing diversity and using it as a catalyst for progress. So, stay tuned, subscribe, follow, and share, as we explore our history and continue to color outside the political lines together.
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