Established the rules for naturalized citizenship, as per Article 1, Section 8 of the Constitution, but placed no restrictions on immigration. Citizenship was limited to white persons, with no other restriction on non-whites. Note: this is a restriction on naturalization (voting and office-holding), not on immigration.
Authorized the president to deport any resident immigrant considered "dangerous to the peace and safety of the United States." It was activated June 25, 1798, with a two-year expiration date.
Authorized the president to apprehend and deport resident aliens if their home countries were at war with the United States of America. Enacted July 6, 1798, and providing no sunset provision, the act remains intact today as 50 U.S.C. § 21
The first federal immigration law and prohibited the entry of immigrants considered as "undesirable"
The law classified as "undesirable" any individual from Asia who was coming to America to be a contract laborer
Strengthen the ban against "coolie" laborers, by imposing a fine of up to $2,000 and maximum jail sentence of one year upon anyone who tried to bring a person from China, Japan, or any oriental country to the United States "without their free and voluntary consent, for the purpose of holding them to a term of service"
Restricted immigration from Asia by creating an "Asiatic Barred Zone" and introduced a literacy test for all immigrants over sixteen years of age, with certain exceptions for children, wives, and elderly family members.
Limited the number of immigrants a year from any country to 3% of those already in the US from that country as per the 1910 census, establishing the National Origins Formula.
"An unintended consequence of the 1920s legislation was an increase in illegal immigration. Many Europeans who did not fall under the quotas migrated to Canada or Mexico, which [as Western Hemisphere nations] were not subject to national-origin quotas; [and] subsequently they slipped into the United States illegally."[5]
Reversed former immigration laws regarding marriage, also known as the Married Women's Citizenship Act or the Women's Citizenship Act. Previously, a woman lost her US citizenship if she married a foreign man, since she assumed the citizenship of her husband, a law that did not apply to men who married foreign women. The law repealed sections 3 and 4 of the Expatriation Act of 1907.
Imposed first permanent numerical limit on immigration.
Began a national-origin quota system.
Total annual immigration was capped at 150,000. Immigrants fit into two categories: those from quota-nations and those from non-quota nations.
Immigrant visas from quota-nations were restricted to the same ratio of residents from the country of origin out of 150,000 as the ratio of foreign-born nationals in the United States. The percentage out of 150,000 was the relative number of visas a particular nation received.
Non-quota nations, notably those contiguous to the United States only had to prove an immigrant's residence in that country of origin for at least two years prior to emigration to the United States.
Laborers from Asiatic nations were excluded but exceptions existed for professionals, clergy, and students to obtain visas.
Allowed foreign-born children of American mothers and alien fathers who had entered America before age 18 and lived in America for five years to apply for American citizenship for the first time.
Made the naturalization process quicker for American women's alien husbands.
Repealed the Chinese Exclusion Act and permitted Chinese nationals already in the country to become naturalized citizens. A quota of 105 new Chinese immigrants were allowed into America per year.
Required approval by an adoption agency before an immigrant visa is issued for international adoption. Removed the cap on the number of alien children that can be adopted. Eased naturalization requirements for adopted children.
Granted exemptions for the oath of renunciation and allegiance for immigrants that are unable to understand or communicate an understanding of the oath.
Authorized nonimmigrant spouses of L visa recipients to work in the United States. Reduced the required duration of employment to apply for L visas from one year to six months.
Established the Office of the FBI Liaison in the DHS to support expedited processing of naturalization applications for members of the Armed Forces and their families.
Tolled the periods of time to file a petition and appear for an interview to remove the conditional basis for permanent resident status during active-duty service.
Deferred deportation of Chinese nationals in response to the 1989 Tiananmen Square protests and massacre. Later codified into law under the Chinese Student Protection Act.
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.[12] As of 2018, the Trump administration was attempting to phase out the program, but was at least temporarily blocked by several lawsuits.
Immigration to the United States has been a major source of population growth and cultural change throughout much of its history. In absolute numbers, the United States has by far the highest number of immigrants in the world, with 50,661,149 people as of 2019. This represents 19.1% of the 244 million international migrants worldwide, and 14.4% of the United States' population. In 2018, there were almost 90 million immigrants and U.S.-born children of immigrants in the United States, accounting for 28% of the overall U.S. population.
The United States Immigration and Naturalization Service (INS) was an agency of the U.S. Department of Labor from 1933 to 1940 and the U.S. Department of Justice from 1940 to 2003.
The Immigration and Nationality Act of 1965, also known as the Hart–Celler Act and more recently as the 1965 Immigration Act, is a landmark federal law passed by the 89th United States Congress and signed into law by President Lyndon B. Johnson. The law abolished the National Origins Formula, which had been the basis of U.S. immigration policy since the 1920s. The act formally removed de facto discrimination against Southern and Eastern Europeans as well as Asians, in addition to other non-Western and Northern European ethnicities from the immigration policy of the United States.
Canadian nationality law details the conditions by which a person is a national of Canada. The primary law governing these regulations is the Citizenship Act, which came into force on February 15, 1977 and is applicable to all provinces and territories of Canada.
The Immigration Act of 1924, or Johnson–Reed Act, including the Asian Exclusion Act and National Origins Act, was a federal law that prevented immigration from Asia and set quotas on the number of immigrants from Eastern and Southern Europe. It also authorized the creation of the country's first formal border control service, the U.S. Border Patrol, and established a "consular control system" that allowed entry only to those who first obtained a visa from a U.S. consulate abroad.
The Immigration Reform and Control Act was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986.
United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, and international agreements. Citizenship is established as a right under the Constitution, not as a privilege, for those born in the United States under its jurisdiction and those who have been "naturalized". While domestic documents often use the words citizenship and nationality interchangeably, nationality is a broader term that refers to national identity and formal membership in a nation, while citizen is reserved to nationals who are have the recognized status of citizenship.
The Immigration and Nationality Act of 1952, also known as the McCarran–Walter Act, codified under Title 8 of the United States Code, governs immigration to and citizenship in the United States. It came into effect on June 27, 1952. The legislation consolidated various immigration laws into a single text. Officially titled the Immigration and Nationality Act, it is often referred to as the 1952 law to distinguish it from the 1965 legislation. This law increased the quota for Europeans outside Northern and Western Europe, gave the Department of State authority to reject entries affecting native wages, eliminated 1880s bans on contract labor, set a minimum quota of one hundred visas per country, and promoted family reunification by exempting citizens' children and spouses from numerical caps.
Asian immigration to the United States refers to immigration to the United States from part of the continent of Asia, which includes East Asia, South Asia, and Southeast Asia. Asian-origin populations have historically been in the territory that would eventually become the United States since the 16th century. The first major wave of Asian immigration occurred in the late 19th century, primarily in Hawaii and the West Coast. Asian Americans experienced exclusion, and limitations to immigration, by the United States law between 1875 and 1965, and were largely prohibited from naturalization until the 1940s. Since the elimination of Asian exclusion laws and the reform of the immigration system in the Immigration and Nationality Act of 1965, there has been a large increase in the number of immigrants to the United States from Asia.
Foreign nationals (aliens) can violate US immigration laws by entering the United States unlawfully or lawfully entering but then remaining after the expiration of their visas, parole, or temporary protected status. Illegal immigration has been a matter of intense debate in the United States since the 1980s.
United States citizenship can be acquired by birthright in two situations: by virtue of the person's birth within United States territory or because one or both of their parents was a U.S. citizen at the time of the person's birth. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization.
Israeli citizenship law details the conditions by which a person holds citizenship of Israel. The two primary pieces of legislation governing these requirements are the 1950 Law of Return and 1952 Citizenship Law.
Philippine nationality law details the conditions by which a person is a national of the Philippines. The two primary pieces of legislation governing these requirements are the 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law.
The New Americans: Economic, Demographic, and Fiscal Effects of Immigration is a 1997 study on the demographic, economic, and fiscal consequences of immigration to the United States by the National Research Council (NRC) of the National Academy of Sciences. The NRC report found that although immigrants, especially those from Latin America, were a net cost in terms of taxes paid versus social services received, overall immigration was a net economic gain due to an increase in pay for higher-skilled workers, lower prices for goods and services produced by immigrant labor, and more efficiency and lower wages for some owners of capital. The report also notes that although immigrant workers compete with domestic workers for some low skilled jobs, some immigrants specialize in activities that otherwise would not exist in an area, and thus are performing services that otherwise would not exist, and thus can be beneficial for all domestic residents. U.S. Census Bureau's Survey of Business Owners: Hispanic-Owned Firms: 2002 indicated that the number of Hispanic-owned businesses in the United States grew to nearly 1.6 million in 2002. Those Hispanic-owned businesses generated about $222 billion in revenue. The report notes that the burden of poor immigrants is not born equally among states, and is most heavy in California.
Legislation seeking to direct relations between racial or ethnic groups in the United States has had several historical phases, developing from the European colonization of the Americas, the triangular slave trade, and the American Indian Wars. The 1776 Declaration of Independence included the statement that "all men are created equal", which has ultimately inspired actions and legislation against slavery and racial discrimination. Such actions have led to passage of the 13th, 14th, and 15th Amendments to the Constitution of the United States.
During the 18th and most of the 19th centuries, the United States had limited regulation of immigration and naturalization at a national level. Under a mostly prevailing "open border" policy, immigration was generally welcomed, although citizenship was limited to “white persons” as of 1790, and naturalization subject to five year residency requirement as of 1802. Passports and visas were not required for entry to America, rules and procedures for arriving immigrants were determined by local ports of entry or state laws, and processes for naturalization were determined by local county courts.
The Office of Immigration Statistics (OIS) is an agency of the United States Department of Homeland Security under the Office of Strategy, Policy, and Plans.
The Expatriation Act of 1868 was an act of the 40th United States Congress that declared, as part of the United States nationality law, that the right of expatriation is "a natural and inherent right of all people" and "that any declaration, instruction, opinion, order, or decision of any officers of this government which restricts, impairs, or questions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government".
Federal policy oversees and regulates immigration to the United States and citizenship of the United States. The United States Congress has authority over immigration policy in the United States, and it delegates enforcement to the Department of Homeland Security. Historically, the United States went through a period of loose immigration policy in the early-19th century followed by a period of strict immigration policy in the late-19th and early-20th centuries. Policy areas related to the immigration process include visa policy, asylum policy, and naturalization policy. Policy areas related to illegal immigration include deferral policy and removal policy.
Marshallese nationality law is regulated by the Marshallese Constitution of 1979, as amended; the 1984 Citizenship Act of the Marshall Islands, and its revisions; and international agreements entered into by the Marshallese government. These laws determine who is, or is eligible to be, a national of the Marshall Islands. The legal means to acquire nationality, formal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Marshallese nationality is typically obtained either on the principle of jus soli, i.e. by birth in the Marshall Islands or under the rules of jus sanguinis, i.e. by birth abroad to parents with Marshallese nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
↑ James P. Smith and Barry Edmonston, Eds. The New Americans: Economic, Demographic, and Fiscal Effects of Immigration, (1997). The National Academic Press. page 23, 3rd paragraph. ISBN0-309-06356-6.
↑ Hester, Torrie (2010). "Protection, Not Punishment: Legislative and Judicial formation of U.S. Deportation Policy, 1882-19044". Journal of American Ethnic History. 30: 11–36. doi:10.5406/jamerethnhist.30.1.0011.
↑ James P. Smith and Barry Edmonston, Eds. The New Americans: Economic, Demographic, and Fiscal Effects of Immigration, (1997). The National Academic Press. page 26, 4th paragraph. ISBN0-309-06356-6.
Lemay, Michael and Elliott Robert Barkan (editors). U.S. Immigration and Naturalization Laws and Issues: A Documentary History. Greenwood Press, 1999. ISBN0-313-30156-5
Zolberg, Aristide. A Nation by Design: Immigration Policy in the Fashioning of America. Harvard University Press, 2006. ISBN0-674-02218-1
External links
History of Legislation from the U.S. Citizenship & Immigration Services:
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