Immigration rules in the United States have a rich history that dates back to its independence from Great Britain. After gaining freedom, the U.S. set its own criteria for people who could come and live in the country. The initial federal law on immigration was the Naturalization Act of 1790. It stated that only “free white persons” of “good moral character” who had lived in the U.S. for two years could be citizens. This marked the beginning of many laws enacted over the next 200 years that influenced the nation’s immigration policies.
Key Takeaways
- The U.S. began regulating immigration soon after gaining independence, with early laws favoring European immigrants.
- The Naturalization Act of 1790 was the first major federal legislation, restricting citizenship to “free white persons” of “good moral character”.
- Over time, immigration laws became increasingly restrictive, targeting specific nationalities and groups deemed “undesirable”.
- Quotas and other mechanisms were introduced to limit the number of immigrants allowed to enter the country.
- The Immigration and Nationality Act of 1965 marked a shift towards favoring family reunification and skilled immigrants over nationality-based quotas.
The Origins of Immigration Regulation
The history of U.S. immigration laws dates back to the late 19th century. A law in 1790 allowed citizenship for free whites with “good moral character.” They needed to live in the U.S. for at least two years. In 1870, this included individuals of African descent.
Early Immigration Laws and Policies
From 1875, laws restricting immigration began. They banned criminals, those with diseases, polygamists, anarchists, beggars, and those who brought prostitutes. These immigration laws aimed to limit certain groups from entering the U.S.
Restricting Chinese and Asian Immigration
In time, laws focused more on Asian immigrants. Initially, they limited Chinese migration. Later on, most Asian countries’ immigrants were banned. By the 1900s, the main immigration source shifted to southern and eastern Europe. This triggered new laws in 1921 and 1924. Their aim was to favor past immigration patterns.
These early laws set the stage for even stricter regulations. The U.S. started facing challenges as the types of immigrants changed over time. This would lead to more efforts to regulate who could come into the country.
The Chinese Exclusion Act of 1882
The Chinese Exclusion Act of 1882 was a key moment in U.S. immigration history. It blocked certain Chinese workers from coming to the United States. This move showed a change to stricter immigration rules. The act limited skilled and unskilled workers as well as those in mining.
The law Chinese Exclusion Act started in 1882 and stopped Chinese workers from coming for 10 years. Later, in 1892, the Geary Act made it longer and added a rule. This rule said Chinese people must register and get a special paper to not be sent back. After 1902, the act stretched on, finally becoming indefinite in 1904.
This law created new jobs for making sure Chinese people followed the rules. Collectors at ports collected a tax from newcomers, and “Chinese Inspectors” checked they followed the law. The number of Chinese people living in the U.S. dropped a lot after this. There were 105,465 in 1880, but only 61,639 by 1920.
Chinese people and their U.S.-born family members couldn’t become citizens until 1943. In that year, the Magnuson Act changed things. It removed the Chinese Exclusion Act and allowed 105 Chinese people to come each year. This was part of a law that made changes to who could immigrate based on their skills and needs for asylum.
The Immigration Act of 1924
In the early 20th century, the US changed how it handled immigration, leading up to the important Immigration Act of 1924. This law had a big impact on who could come to America for many years. It created a system that limited how many people could immigrate, especially from Southern and Eastern Europe.
Literacy Tests and the “Asiatic Barred Zone”
The 1924 Immigration Act made sure that people who wanted to move to the US could read. If you were 16 or older, you had to show you understood basic English texts. The act also blocked immigration from large parts of Asia. However, it was a bit different for Japanese and Filipinos, who were still allowed to come.
Implementing Immigration Quotas
This law also set strict limits on how many people from each country could come to the US. Only 2% of the people from a country who were already in the US in 1890 could get in each year. This rule made a big drop in the number of immigrants, especially from Southern and Eastern Europe. These quotas were changed in 1927 to use more recent data, the 1920 census. This continued to guide who could come until a big change in 1965.
The Immigration Act of 1924 was a turning point in US immigration policies. It showed the nation wanted to keep its cultural and racial mix the same. Changes from this law kept affecting new immigrants entering the US for a long time.
The Immigration and Nationality Act of 1965
In 1965, the Immigration and Nationality Act changed America’s immigration rules. It got rid of quotas based on your country and welcomed new rules. Now, family connections and skilled workers could come more easily.
This move was big. It ended old rules that limited where people could come from. This made the U.S. more open to everyone.
Shifting Focus to Family Reunification
The Immigration and Nationality Act of 1965 set up a new way for people to come in. It gave special chances to family members and workers with skills. This was different from before, when where you came from mattered a lot.
Before the Act, America was mainly White, with few Black and Latino people. But the new law welcomed more people from various regions. This started a trend towards a more mixed U.S. population.
Passing the Immigration and Nationality Act of 1965 stirred up some debate. Many Americans supported getting rid of the old quotas. Even so, President Lyndon B. Johnson made it a law. This choice set a new course for immigration in the U.S.
Illegal Immigration
Illegal immigration is a heated and complex topic in the United States. It has been a big issue for many years. Since the 1960s, laws have tried to deal with the problems of unauthorized immigration.
Recent changes in policy included things like the DACA program. This allows certain immigrants brought here as children to stay. But, these actions have not been without legal fights.
About 17 million illegal immigrants live in the U.S. today. While illegal entry hit a high in 2022, with 269,735 people caught at the border, the numbers continued to rise. The U.S. saw 2.48 million border encounters in the 2023 fiscal year, the most ever.
Illegal immigrants have also put a big strain on state funds. In Colorado, for example, taxpayers have spent over $522 million to put illegal immigrants who committed crimes in jail.
Lawmakers are working on new bills to deal with illegal immigration. H.R. 4238 (Kate’s Law) is one example. It would make punishments tougher for those who come back after being deported. Another bill, H.R. 3003 (No Sanctuary for Criminals Act), aims at places that don’t fully cooperate with federal immigration laws. It’s looking at easing the process to get rid of people in gangs with H.R. 3697.
The number of illegal immigrants in the U.S. has gone up and down over time. Although it peaked at 12.2 million in 2007, it went down to 10.5 million in 2021. But, the problem of illegal immigration persists, challenging policymakers.
Searching for a balanced, effective solution requires looking at many angles. The ongoing immigration reform debate highlights the need for a thoughtful, comprehensive strategy. That means considering all viewpoints and factors involved.
Immigration Reform and Control Act of 1986
In 1986, the U.S. Congress passed the Immigration Reform and Control Act (IRCA). This law was huge, changing how America handled immigration. It aimed to deal with the problem of people coming in illegally by helping millions get legal status. And it made it a big no-no for companies to hire workers without checking if they could work here.
Granting Amnesty and Employer Sanctions
The IRCA let around 3 million immigrants, mainly from Hispanic backgrounds, get their papers in order. If they came before 1982 and followed the rules, they could become legal residents or even citizens. They had a time to apply from May 1987 to May 1988.
At the same time, the IRCA said, “Hey bosses, you can’t hire people who shouldn’t be working here.” It made bosses check their worker’s documents with this thing called the I-9 form. And if they didn’t and got caught, they had to pay up to $10,000.
Also, thanks to the Immigration Reform and Control Act, more money went to protect the borders. Both the Border Patrol and the Department of Labor got bigger budgets. But, even with these new measures, illegal immigration didn’t exactly stop. More people kept coming in over the years.
Post-9/11 Immigration Policies
After the 9/11 attacks, the U.S. introduced strict immigration policies to increase border security. The aim was to control immigration enforcement. These new rules were made to decrease the threat to national security and handle unauthorized immigration.
Border Security and Enforcement Priorities
Post 9/11, a big focus was on making the border security stronger. The Department of Homeland Security (DHS) saw its budget grow a lot. This money was for agencies like U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). The Homeland Security budget has sometimes been more than all other law enforcement budgets combined.
In addition, the government worked on improving immigration enforcement. Federal, state, and local law agencies worked together more, through steps like the 287(g) program. This program allowed local law agencies to help enforce immigration laws. This led to more agreements between the Department of Homeland Security and local police under section 287(g) of the Immigration and Nationality Act.
However, this work raised concerns about civil rights and liberties. Immigrant and minority groups felt scared to talk to police because of these worries. After 9/11, groups felt more worried about reaching out to police because of rights and liberties concerns.
Despite these issues, some places have found a way to work well together. They include law agencies and groups working in Dearborn, Michigan; Portland, Oregon; and San Jose, California. Their teamwork makes immigrants feel safer and helps spread cultural understanding. These areas have seen strong teamwork between law agencies and local groups. This has helped lower immigrant fears and increased understanding of different cultures.
Deferred Action for Childhood Arrivals (DACA)
In 2012, President Obama made the Deferred Action for Childhood Arrivals (DACA) program. It helps young adults brought to the U.S. illegally as kids. They can apply for deportation relief and work permits. Although the program has faced legal obstacles, it’s crucial for many dreamers.
To qualify for DACA, you must have been under 31 on June 15, 2012. Also, you should have come to the U.S. before turning 16. You need to show you’ve been living here continuously since June 15, 2007. Plus, you must meet educational or military requirements or not have a serious criminal background. Applying involves forms to the USCIS and paying fees.
DACA has greatly influenced the lives of those it serves. By December 2022, about 580,000 people had active DACA status. They’re mostly in California and Texas. Thanks to DACA, many dreamers can work, go to school, and help their communities.
However, DACA has had its share of legal challenges and an uncertain future. In 2017, the Trump administration tried to end it, sparking court fights. The Biden administration supports DACA and strengthened it with a new rule in 2022. The program’s future and immigration reform are ongoing topics of political debate and decision-making.
Ongoing Debates and Reforms
The United States is still facing deep immigration debates and struggles for changes. It looks at issues like how to make its borders safe, help families be together again, and decide about people who came illegally when they were children. People in charge and citizens talk a lot, trying to find the right way through these challenges.
Recent numbers show the story isn’t simple. More than 3 million people tried entering in 2023, with 2.5 million coming through the south. A rule called Title 42 due to COVID-19 has made things more complex, mixing up the actual number of people met. However, improving the whole system with real immigration reform is hard. The last big change came in 1986, when President Reagan approved a notable bill.
There have been several tries at immigration legislation over the years, focusing on different matters like making benefits better or enforcing the law. But a connected, big immigration reform plan hasn’t come together yet. The number of people hoping to get in keeps rising, caused by issues like dangerous gangs, problems in government, and hard times economically in their native lands.
In these ongoing immigration debates, more and more people agree it’s important to figure out a way for undocumented people in the U.S. to become legal, especially those under DACA. At the same time, making the borders safer is getting more attention. This means trying to both follow global rules and be strong with checks at the border.
The U.S. knows it can’t solve immigration problems alone. It’s looking at working closely with Mexico and other nearby nations. This way, they hope to control how many people come. Changes to how asylum and visas for international students are done are also on the list. The goal is to make these processes fair, smooth, and boosting for everyone.
Conclusion
The United States’ history of immigration shows how its views have changed over time. At first, laws and policies welcomed people from Europe. More recent efforts, though, have been made to help immigrants from all over the world. This change comes with new concerns about security and unauthorized entry.
The Migration Policy Institute states that around 11.2 million people are living in the U.S. without permission. This number is small compared to the total U.S. population. Still, immigration causes a lot of debate and divides opinions. People talk about how to keep the borders safe and whether to help those already here.
Immigration’s story in America is not simple. It stretches through a long and often difficult past. There were laws stopping Chinese and other Asians from coming. But there have also been efforts to deal with illegal crossings and help immigrants fit in.
Going ahead, finding ways to stick to America’s welcoming values is key. But it’s also important to deal with real issues around immigration. This needs discussions based on facts and understanding.