Magnuson Act

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Magnuson Act
Great Seal of the United States (obverse).svg
Long titleAn Act to repeal the Chinese Exclusion Acts, to establish quotas, and for other purposes.
Acronyms (colloquial)CERA
NicknamesChinese Exclusion Repeal Act of 1943
Enacted bythe 78th United States Congress
EffectiveDecember 17, 1943
Citations
Public law Pub. L. Tooltip Public Law (United States)  78–199
Statutes at Large 57  Stat.   600
Codification
Acts repealed Chinese Exclusion Act
Titles amended 8 U.S.C.: Aliens and Nationality
U.S.C. sections amended 8 U.S.C. ch. 7 §§ 262-297 & 299
Legislative history

The Chinese Exclusion Repeal Act of 1943, also known as the Magnuson Act, was an immigration law proposed by U.S. Representative (later Senator) Warren G. Magnuson of Washington and signed into law on December 17, 1943, in the United States. [1] It allowed Chinese immigration for the first time since the Chinese Exclusion Act of 1882, and permitted some Chinese immigrants already residing in the country to become naturalized citizens. However, in many states, Chinese Americans (mostly immigrants but sometimes U.S. citizens) were denied property-ownership rights either by law or de facto until the Magnuson Act itself was fully repealed in 1965. [2]

This act is the first legislation since 1870 which relaxed racial and national immigration barriers in the United States and started the way to the completely non-racial immigration legislation and policy of the late 1960s.

The Magnuson Act was passed on December 17, 1943, two years after the Republic of China became an official allied nation of the United States in World War II. Although considered a positive development by many, it was still restrictive, limiting Chinese immigrants to an annual quota of 105 new entry visas. The quota was determined according to the National Origins Formula prescribed by the Immigration Act of 1924, which set immigration quotas on countries subject to the law as a fraction of 150,000 in proportion to the number of inhabitants of that nationality residing in the United States as of the 1920 census, which for China was determined to be 0.07%, or 105 per annum. [3] [4] Chinese immigration later increased with the passage of the Immigration and Nationality Act of 1965, which abolished the National Origins Formula. [5] [6] [7]

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The Chinese Exclusion Act was a United States federal law signed by President Chester A. Arthur on May 6, 1882, prohibiting all immigration of Chinese laborers for 10 years. The law made exceptions for merchants, teachers, students, travelers, and diplomats. The Chinese Exclusion Act was the first major U.S. law ever implemented to prevent all members of a specific national group from immigrating to the United States, and therefore, helped shape twentieth-century race-based immigration policy.

<span class="mw-page-title-main">Emergency Quota Act</span> Immigration-related US Congress Act of 1921

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<span class="mw-page-title-main">Chinese American Citizens Alliance</span>

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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.

Lau Sing Kee was a World War I recipient of the United States Army's Distinguished Service Cross and France's Croix de Guerre for extraordinary heroism in combat, the first Chinese American to receive these honors. Later, he was a businessman and civic leader in New York City's Chinese community. In 1957 he was convicted and sentenced to two and a half years in prison for selling false documents to aid in the evasion of the then discriminatory restrictions on Chinese immigration to the United States.

References

  1. Peters, Peters; Woolley, John T. "Franklin D. Roosevelt: "Statement on Signing the Bill to Repeal the Chinese Exclusion Laws.," December 17, 1943". The American Presidency Project. University of California - Santa Barbara.
  2. "An Unnoticed Struggle" (PDF). Japanese American Citizens League. 2008. Archived from the original (PDF) on 2010-06-13. Retrieved 2014-02-05.
  3. Beaman, Middleton (July 1924). "CURRENT LEGISLATION: The Immigration Act of 1924". American Bar Association Journal. American Bar Association. 10 (7): 490–492. JSTOR   25709038 . Retrieved October 18, 2021.
  4. "Immigration, Emigration, and Citizenship" (PDF). Statistical Abstract of the United States: 1944-45. (66th ed.). Washington, D.C.: U.S. Department of Commerce, Bureau of the Census: 107–120. October 1945. Archived from the original (PDF) on July 15, 2021. Retrieved October 18, 2022.
  5. "Comparison of Asian Populations during the Exclusion Years" (PDF). Retrieved 2014-02-05.
  6. Chang, Iris (2003). The Chinese in America. New York: Viking. ISBN   0-670-03123-2.[ page needed ]
  7. Wei, William. "The Chinese-American Experience: An Introduction". HarpWeek. Archived from the original on 2014-01-26. Retrieved 2014-02-05.