United States Immigration and Immigration Policies, Colonial Times to Present

1. United States Immigration and Immigration Policies, Colonial Times to Present

2. Colonial Immigration Policies: 1. Encouragement of immigration by means of a. land grants, b. religious toleration (especially in MA and PA), and c. tax exemptions for a period of time (NC). 2. Exclusion for religion, a by-product of European religious rivalries. Especially true in the early colonies with Catholics and Quakers specifically discriminated against. 3. Protection against public charges. 4. Resistance to criminals. 5. Reporting of arrivals (passenger lists and ship manifests). 6. Taxes on immigrants.

3. 1. Pre-Restriction Era (1789-1874) • Naturalization Act 1790 Required 2-year U.S. residence for naturalization • Naturalization Act 1795 Required 5-year U.S. residence for naturalization • Alien and Sedition 1798 Empowered president to deport aliens Acts considered dangerous to the U.S. • Naturalization Act 1798 Required 14-year U.S. residence for naturalization • Act of April 14, 1802 Restored naturalization provisions of 1795 Act 1802

4. Immigration Act of 1875 Beginning of direct federal regulation of immigration 1) prohibited bringing “Oriental persons” without their “free and voluntary consent” 2) prohibited the importation of women “for the purposes of prostitution” 3) prohibited contracts to supply “coolie” labor 4) excluded criminals

5. 2. Era of Qualitative Restrictions (1875-1920) • Immigration Act 1875 Barred prostitutes and convicts; barred contracts for “coolie” labor; prohibited bringing “Oriental persons” without their “free and voluntary consent” • Immigration Act 1882 Increased list of inadmissibles and imposed a head tax • Chinese Exclusion 1882 Barred Chinese laborers; prohibited Act naturalization of Chinese persons • Alien Contract 1885 Barred importation of contract labor Labor Law • First Deportation 1888 Authorized deportation of contract laborers Law

6. 2. Era of Qualitative Restrictions (continued) • Immigration Act 1891 Increased list of inadmissibles; authorized deportation of illegal aliens • Immigration Act 1903 Increased list of inadmissibles • Basic Naturalization 1906Required knowledge of English for Act naturalization • Immigration Act 1907 Increased list of inadmissibles, including unaccompanied children under 16 • Gentlemen’s 1907 Restricted Japanese immigration Agreement

7. 2. Era of Qualitative Restrictions (continued) • Immigration Act 1917 Increased and codified list of inadmissibles; required literacy for those over 16; barred Asia-Pacific aliens

8. 3. Era of Quantitative Restrictions (1921- present) 3a. The National-Origins Era • First Quota Law 1921 Limited immigration to 3% of national origin of 1910 foreign-born: 357,000 • National Origins Act 1924 Limited immigration to 2% of national origin of 1890 foreign-born:164,000; in 1929 shifts quota formula to reflect national origin of white U.S. population in 1920:154,000

9. Table 3.1 U.S. Immigration under the Quota Law of 1921 and Quota Limits under the Immigration Act of 1924: Selected Countries of Birth Percent of quota admitted 1921-22 Total admissible 1921-22 Total admitted 1921-22 Country or Place of birth Quota limit 1924 Austria Belgium Czechoslovakia Denmark Finland France Germany Greece Hungary Italy Netherlands Norway 7,451 1,563 14,282 5,694 3,921 5,729 68,059 3,294 5,638 42,057 3,607 12,202 4,797 1,581 14,248 3,284 3,038 4,343 19,053 3,447 6,035 42,149 2,408 5,941 64.4 101.2 99.8 57.6 77.5 75.9 28.0 104.7 107.2 100.2 66.8 48.7 785 512 3,073 2,789 471 3,954 51,227 100 473 3,845 1,648 6,453 Continued

10. Table 3.1 U.S. Immigration under the Quota Law of 1921 and Quota Limits under the Immigration Act of 1924: Selected Countries of Birth Percent of quota admitted 1921-22 Total admissible 1921-22 Total admitted 1921-22 Country or place of birth Quota limit 1924 Poland Romania Russia Sweden Switzerland United Kingdom Yugoslavia Irish Free State Other Total 25,827 7,419 34,284 20,042 3,752 77,342 6,426 ---- 8,406 356,995 26,129 7,429 28,908 8,766 3,723 42,670 6,644 ---- 9,360 243,953 101.1 100.1 84.4 43.8 99.2 55.2 103.5 ---- 111.3 68.3 5,982 603 2,248 9,561 2,081 34,007 671 28,567 5,617 164,667 Source: Congressional Research Service (1980), Tables 7 and 15

11. 3. Era of Quantitative Restrictions (continued) • Philippine Independence 1934 Limited Filipino immigration to 50 Act • Immigration & Nationality 1952 Established a preference category system; retained national origins quotas; ceiling about 154,000 plus 2,000 from Asia-Pacific Triangle; eliminated all racial and gender bars to naturalization

12. 3. Era of Quantitative Restrictions (continued) • Immigration Act 1965 Abolishes national-origins quotas; for E.H. establishes uniform per-country limit of 20,000 and preference category system with overall ceiling of 170,000; for W.H., effective 1968, places overall ceiling of 120,000. • Immigration and 1976 Extends per-country limit and prefer- Nationality Act ence-category system to W.H. • Worldwide Ceiling Law 1978 Brings both hemispheres under single worldwide ceiling of 290,000. • Refugee Act of 1980 1980 Reduces worldwide ceiling to 270,000.

13. 3. Era of Quantitative Restrictions (continued) • Immigration Reform and 1986 Grants conditional legalization to Control Act certain (illegal) aliens resident in the U.S.; imposes employer sanctions. • Immigration Act of 1990 1990 Effective 1992, increased total immigration under a flexible cap to 700,000 (675,000 beginning 1995); 480,000 family-sponsored; 140,000 employment-based; 55,000 diversity. • North American Free- 1993 Facilitated temporary entry on a Trade Agreement Act reciprocal basis between the U.S., Canada, and Mexico; for Canadians, no nonimmigrant visa required; for Mexicans, nonimmigrant visa required.

14. 3. Era of Quantitative Restrictions (continued) • Personal Responsibility and 1996 Established restrictions on the Work Opportunity Reconciliation Act eligibility of legal immigrants for means-tested public assistance; broadened the restrictions on public benefits for illegal aliens and nonimmigrants. • Illegal Immigration Reform and 1996 Established measures to Immigrant Responsibility Act control U.S. borders, protect legal workers through worksite enforcement and remove criminal and other deportable aliens.

15. Preference Categories under the Immigration and Nationality Act of 1952 Class of admission Percent allotted First preference - selected immigrants of special skill or ability 50% 30% 20% quotas not used by above categories (up to 25%)‏ quotas not used by any preference groups Second preference - parents of U.S. citizens Third preference - spouses and children of resident aliens Fourth preference - brothers or sisters of U.S. citizens; children over 21 years of age, or married to U.S. citizens Nonpreference Source: Congressional Research Service (1980), p. 63.

16. U.S. immigration policy has been characterized by three lengthy periods during which different emphasis was placed on various admission criteria: 1. the laissez faire period that ended in 1921; 2. the national origins quota period that was in force from 1921 to June 30, 1968 (Fiscal Year 1967); and 3. the family reunification period that has been in force beginning in 1968. Whereas certain elements from each period may be found in the others, the major emphasis of each has been considerably different.

17. The laissez faire period • Almost all persons were welcome to enter the United States with the exception of the Chinese (after 1882) and certain types of individuals such as criminals and prostitutes. • Between 1820 and 1921, 34.5 million persons were admitted to the U.S. as legal resident aliens -- an annual average of 337,843.

18. The national origins quota period • The emphasis in admissions during this period was on the country of birth of immigrants • Between 1922 and June 30, 1968, 9.5 million persons were admitted to the U.S. as legal resident aliens -- an annual average of 206,875.

19. The family reunification period • The emphasis during this period has been on family ties. • From July 1, 1968, through FY2009, 31.4 million persons were admitted to the United States -- an annual average of 747,159.

20. U.S. Population and Immigration, 1851-2000 Gross Immi-gration per 100 U.S Popu-lationa Foreign-Born Population End-of Period Population (millions)‏ Gross Immigration (millions)‏ Total (millions)‏ Change (millions)‏ Period 31.4 39.8 50.2 62.9 76.0 92.0 105.7 122.8 131.7 150.7 179.3 203.2 226.5 248.7 281.4 4.1 5.6 6.7 9.2 10.3 13.5 13.9 14.2 11.4 10.4 9.7 9.6 14.1 19.8 28.4 1.9 1.4 1.1 2.5 1.1 3.1 0.4 0.3 -2.6 -1.2 -0.9 -0.6 4.5 5.7 8.6 2.6 2.3 2.8 5.2 3.7 8.8 5.7 4.1 0.5 1.0 2.5 3.3 4.5 7.3 9.1 9.3 6.5 6.2 9.2 5.3 10.5 5.8 3.6 0.4 0.7 1.5 1.7 2.1 3.1 3.7 1851-60 1861-70 1871-80 1881-90 1891-1900 1901-10 1911-20 1921-30 1931-40 1941-50 1951-60 1961-70 1971-80 1981-90 1991-2000 aComputed relative to the average population over a decade.

21. In terms of legal status, how can migrants come to the U.S.? 1. As legal resident aliens In 2006, 1,266,264 total 803,335 family-sponsored immigrants 581,106 immediate relatives of U.S. citizens 222,229 family-sponsored preferences 216,454 refugees and asylees 159,081 employment preferences 2. As nonimmigrants In 2006, 33,667,328 total 821,006 temporary workers and trainees 1,709,953 temporary workers and their families

22. Continued… 3. Illegally As of January 1, 2006, 515,000 (est.) annual average growth, 2000-2006 4,200,000 (est.) illegal pop. arrived 2000 and later As of January 1, 2006, 17,620,000 (est.) legally resident foreign- born population 11,550,000 (est.) illegally resident foreign- born population 29,170,000 (est.) total foreign-born population

23. Immigration to the United States, by Decade, 1821-2009 Period Number Period Number 1821-30 1831-40 1841-50 1851-60 1861-70 1871-80 1881-90 1891-1900 1901-10 1911-20 143,439 599,125 1,713,251 2,598,214 2,314,824 2,812,191 5,246,613 3,687,564 8,795,386 5,735,811 1921-30 1931-40 1941-50 1951-60 1961-70 1971-80 1981-90 1991-2000 2001-09 4,107,209 528,431 1,035,039 2,515,479 3,321,677 4,493,314 7,338,062 9,095,417 9,458,679

24. Government Influences on Migration 1) Central Government a. Immigration (from abroad)‏ -- how many from any given country -- how many overall -- who: family members skills refugees special individuals -- when

25. b. Internal • -- historically: Homestead Act of 1862 • land grants to railroads • little direct influence during the 20th century • TVA • EDA • pilot programs • (European Incentive programs)‏ • -- indirect influences • Department of Defense • impacts employment and income

26. -- Direct Influences information clearing house travel assistance starting assistance lodging assistance housing assistance -- Welfare benefits -- Unemployment insurance -- Education -- Taxes -- Government Services -- Subsidies to firms

27. The Four Waves of U.S. Migration 1. 1830s 1880s Western and Northern Europe Ireland Germany U.K. Norway and Sweden 1840s…1.7 million (46% from Ireland)‏ 1850s…2.6 million (35% from Ireland)‏ (37% from Germany)‏ 1860s…2.3 million (34% from Germany)‏ (80% from Germany, Ireland, UK)‏ 1880s…5.2 million (sharp ↑ from every European country except France and Spain)‏

28. 2. 1870s 1880s 1900-14 Southern and Eastern Europe Italy Austria-Hungry Soviet Union 1900-10 8.8 million (2.1 million from Austria/Hungary 1.6 million from Soviet Union 2.0 million from Italy)‏

29. 3. 1920s 1960s Internal Migration from South to North also rural to urban

30. 4. 1940s 1950s 1990s Americas and Asia Mexico Caribbean Philippines Korea China India Vietnam to 1970 45.2 million…78.7% from Europe 1971-2006 26.9 million…14.4% from Europe 46.8% from Americas 32.7% from Asia 79.5%

31. At first the federal government was reluctant to interfere with the perogatives of the states, so there was at least tacit recognition of state jurisdiction over immigration. • Congress first exerted its authority with respect to naturalization • (Need for uniform treatment was recognized)‏ • Constitution (1789), article 1, section 8, clause 4, states that “Congress shall have power…to establish a uniform Rule of Naturalization” • In the early years, strong anti-alien sentiment

32. 1965 Amendments 1. Abolished the national origins quota system. 2. Established a 7-category preference system 3. Established a group of immigrants exempt from quota limitations: a. immediate relatives of U.S. citizens 21 and over (spouses, children, parents). b. special immigrants.

33. 4. Established annual: • Eastern Hemisphere (EH) quota at 170,000; • Western Hemisphere (WH) quota at 120,000; and • Placed EH countries under 20,000 annual limit. • (1976 Amendments made WH countries subject to 20,000 limit, and • Act of 1978 combined EH and WH ceilings into a single worldwide • ceiling of 290,000, which was reduced to 270,000 in connection with • the Refugee Act of 1980).

34. 5. Required the Secretary of Labor to certify that an alien attempting to enter as a worker would not replace a worker in the U.S. or adversely influence either wages or working conditions. (Refer to 3rd and 6th preference).

35. Table 3.3 Immigrant Visa Allocation System (1968-1991)‏ (Certain Changes were made in this system over the period.)* Preference/Provision Limit Numerically Limited Immigrants: 270,0001 First Unmarried sons and daughters of U.S. citizens 20% or 54,000 and their children. Second Spouses and unmarried sons and daughters 26% or 70,2002 or permanent resident aliens. Third Members of the professions of exceptional ability 10% or 27,000 and their spouses and children. Fourth Married sons and daughters of U.S. citizens, their 10% or 27,0002 spouses and children. Fifth Brothers and sisters of U.S. citizens (at least 24% or 64,8002 21 years of age) and their spouses and children. Sixth Workers in skilled or unskilled occupations in which 10% or 27,000 laborers are in short supply in the U.S., their spouses and children. Nonpreference Other qualified applicants any number not used above2 Continued

36. Numerically Exempt Immigrants Immediate relatives of U.S. citizens spouses, children, parents of U.S. citizens at least 21 years of age Special Immigrants certain ministers of religion certain former employees of the U.S. government abroad certain persons who lost U.S. citizenship certain foreign medical graduates Refugee and asylee adjustments 1 Except for immediate relatives of adult U.S. citizens, an annual limit of 20,000 is imposed on each independent country. 2 Numbers not used in higher preference may be used in these categories. * As presented, Table 3.3 refers to the law in 1991.

37. Immigration Act of 1990 1. The worldwide immigration ceiling was raised to 700,000 for fiscal years 1992, 1993, and 1994, falling to 675,000 for 1995 and later years. The ceiling is, however, “flexible” in the sense discussed below. 2. Although immediate relatives of U.S. citizens are included under the worldwide quota “cap,” their number is unlimited, which is what makes the ceiling a flexible one. 3. Family-based immigration is guaranteed at least 226,000 visa numbers. These numbers are allocated per year to four preference categories as indicated in Table 3.B. 4. The employment-based preferences are allotted 140,000 visas annually and are grouped into five preference classes as reported in Table 3.B.

38. 5. So called “diversity immigrants” were allocated 40,000 visas each in 1992, 1993, and 1994, with 1993 and 1994 gaining the unused numbers from the prior year. The diversity quota rises to 55,000 per year beginning in 1995. Diversity immigrants are those aliens born in countries adversely affected by the 1965 law and their spouses and children. To be eligible for a diversity visa, a prospective immigrant must have at least a high school education or its equivalent and at least two years of training and experience (and this experience must be during the five years immediately preceding the date of application). Thus, diversity immigrants are a kind of occupational immigrant, but without specificity regarding the precise or even the general occupation.

39. Table 3.4 Categories of Immigrants Subject to the Numerical Cap: Unadjusted and Fiscal Year Limits (1995 to present)‏ Preference/Provision Unadjusted limit* Family-sponsored immigrants 480,0001 Family-sponsored preferences 226,000 First Unmarried sons and daughters of U.S. Citizens 23,4002 Second Spouses, children, and unmarried sons and daughters 114,2003 of permanent resident aliens Third Married sons and daughters of U.S. citizens 23,4003 Fourth Brothers and sisters of U.S. citizens (at least 21 years of age) 65,0003 Immediate relatives of adult U.S. citizens (spouses, not children, and parents) and children born abroad to limited1 alien residents Continued

40. Employment -based preference 140,000 First Priority Workers 40,0403 Second Professionals with advanced degrees or aliens of 40,0403 exceptional ability Third Skilled workers, professionals, needed unskilled workers 40,0403 and Chinese Student Protection Act Fourth Special immigrants 9,940 Fifth Employment creation (“Investors”) 9,940 Diversity 55,000 Total 675,0001 * The annual limit is adjusted based on visa usage in the previous year. 1 The number of immediate relatives of U.S. citizens included in these figures is assumed to 239,000. Immediate relatives may enter without any limitations; however, the limit for family-sponsored preference visas in a fiscal is equal to 465,000 minus the number of immediate relatives admitted in the preceding year. The limit on family-sponsored preference visas cannot go below a minimum of 226,000—the worldwide limit of 465,000 minus 239,000. 2 Plus unused family 4th preference visas. 3 Visas not used in higher preferences may be used in these categories. 4 Plus unused employment 4th and 5th preference visas. 5 Except for immediate relatives of adult U.S. citizens, and annual limit of 20,000 is imposed on each independent country.

41. Undesirables: 1875 1) criminals and prostitutes 1882 2) persons likely to become public charge 1891 3) persons suffering from certain contagious diseases, polygamists, aliens assisted by others by payment of passage 1903 4) “anarchists, or persons who believe in, or advocate, the overthrow by force or violence the government of the United States, or of all government, or of all forms of law, or the assassination of public officials” 1906 5) made knowledge of English a requirement of naturalization 1907 6) imbeciles, feeble-minded persons, persons with physical or mental defects that could affect their ability to earn a living 1917 7) excluded illiterate aliens 1940 8) past membership as well as present membership in proscribed organizations 1950 9) present or former membership in the communist party 1978 10) provide for the exclusion and expulsion of aliens who persecuted others on the basis of race, religion, national origin, or political opinion under the direction of the Nazi government of Germany or its allies by 1990 there were 32 grounds for exclusion

42. 3rd and 6th preference principals 3rd 6th total % total (non IRCA)‏ 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1994 1993 1992 10,977 10,75310,387 10,696 11,623 11,399 11,425 11,393 12,708 12,041 11,873 12,599 11,623 8,888 23,591 22,632 22,582 22,454 23,671 23,162 22,372 22,084 25,046 24,022 19,976 20,837 16,698 14,175 62,723 79,226 52,014 3.4% 3.4 3.7 3.5 3.9 3.8 3.9 4.1 4.5 4.0 3.3 3.9 3.6 2.4 7.9 9.0 12,614 11,879 12,195 11,758 12,048 11,763 10,947 10,691 12,338 11,981 8,103 8,238 5,075 5,287

43. Table Temporary Workers, Trainees, and Their Spouses and Children, 1975-1994 Year Workers and trainees Spouses and children Total 185,988 162,976 175,937 168,058 139,587 141,380 113,424 97,337 85,359 74,869 68,730 72,411 52,482 44,770 676,218 726,535 821,006 43,207 39,704 41,292 35,607 28,687 23,947 19,673 16,211 13,710 12,632 10,831 10,781 13,453 10,110 155,497 157,171 164,829 229,195 202,680 217,229 203,665 168,274 165,327 133,097 113,545 99,069 87,501 79,561 83,192 65,935 54,880 831,715 883,706 985,835 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 2004 2005 2006

44. References that served as a source for the history of U.S. immigration policy • E. P. Hutchinson, Legislative History of American Immigration Policy, Philadelphia: University of Pennsylvania Press, 1981. • G. Jasso and M. R. Rosenzweig, The New Chosen People: Immigrants in the United States, New York: Russell Sage Foundation, 1984.