The Chinese Exclusion Act
•
The Chinese Exclusion Act •
Background
The Chinese Exclusion Act was the first significant law that restricted immigration in the United States. In the 1850s, Chinese workers began to extensively migrate to the United States to work in the gold mines, agriculture and factory jobs, and the garment industry. Chinese laborers were also instrumental in the construction of the transcontinental railroad in the American West, allowing Chinese immigrants to gain success economically in the United States. As the Chinese immigrant population grew, so did anti-Chinese sentiments. It was necessary for Chinese immigrants to work in order to send money back to their families in China and repay loans from their voyage to America; however, the increase in Chinese laborers led to opposition from white American workers.
The Chinese Exclusion Act
To address the social tension, the Chinese Exclusion Act was approved on May 6, 1882, by President Chester A. Arthur, which created a 10-year ban preventing Chinese workers from immigrating to the United States. The Chinese Exclusion Act was created because the United States believed that Chinese laborers were endangering the good order of certain government affairs and posed a threat to the American workforce.
For non-laborers trying to enter the United States, Chinese people needed to receive a certification from the Chinese government proving they were qualified to immigrate. This certification required their name, age, occupation, last place of residence, personal description, and facts of identification and would need the Chinese government’s seal of office. Non-laborers found it difficult to prove their status because the act defined laborers as “skilled and unskilled,” leaving very few Chinese eligible to enter the country. For Chinese people already in the United States, Chinese residents were refused citizenship and could still be prone to deportation. If they were to leave the country, they still needed to obtain certifications for re-entry.
The Geary Act
In 1892, the Exclusion Act expired; however, the same year, the Geary Act was created. The Geary Act extended the terms of the Chinese Exclusion Act for another ten years, and in 1902, the terms of the act became permanent. The restrictions extended to Chinese people needing to register and obtain a certification of residence or else they would be deported.
Some Terms
-
Ship captains are fined of more than $500 for violating the act for each immigrant illegally entering the US and possibly imprisonment for up to a year
Any person illegally in the US will be deported and need to face some justice, judge, or commissioner of a court of the US
Any person illegally in the US will be deported and need to face some justice, judge, or commissioner of a court of the US
“That the words ‘Chinese laborers’, wherever used in this act shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining”
Chinese immigrants cannot gain citizenship and any laws that conflict with the exclusion act are repealed
The act does not apply to officers of the Chinese Government in the US for government business
The Immigration Act of 1924
The increase in immigration following World War I led to Congress implementing new regulations such as quotas and requirements pertaining to national origin. The Immigration Act of 1924, also known as the Johnson-Reed Act or the National Origins Act, established an 1890 census as the basis for deciding how many immigrants were allowed to enter the country, determined by 2% of that nationality already living in the United States. The restrictions for Chinese laborers extended limits on immigration to more countries, including Southern and Eastern Europe and all of Asia.
The End of the Exclusion Acts
In 1943, China was a member of the Allied Nations during World War II along with the United States, which led Congress to repeal all exclusion acts. Despite the acts’ removal, the quotas remained with a yearly limit of 105 Chinese immigrants; however, foreign-born Chinese people received the right to gain naturalization.
More Immigration Acts
The national origin system lasted until Congress passed the Immigration Act of 1965. Put into motion on July 1, 1968, the act set a limit of 170,000 immigrants outside the Western Hemisphere who could enter the United States and a maximum of 20,000 from any one country. Subsequently, the Immigration Act of 1990 created a “flexible” worldwide cap on family-based, employment-based, and diversity immigrant visas. The act also regulated that visas provided to a single foreign state if these categories did not exceed 7% of the total available visas.
Resolution of Regret
In 2012, Congress apologized for the exclusion laws and acknowledged their role in enforcing racial discrimination. The Resolution of Regret was sponsored by Judy Chu, a Chinese American member of the House of Representatives from California.
Written by Alana Arcilla