United States Immigration and Immigration Policies,

Colonial Times to Present

Colonial Immigration Policies:

1. Encouragement of immigration by means ofa. land grants,b. religious toleration (especially in MA and PA), andc. 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.

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

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

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 1906 Required 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

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

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

Table 3.1U.S. Immigration under the Quota Law

of 1921 and Quota Limits under theImmigration Act of 1924: Selected Countries of Birth

Country or Place of birth

Total admissible1921-22

Total admitted1921-22

Percent of quota

admitted1921-22

Quota limit1924

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

Continued

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

Table 3.1U.S. Immigration under the Quota Law

of 1921 and Quota Limits under theImmigration Act of 1924: Selected Countries of Birth

Country or place of birth

Total admissible1921-22

Percent ofquota

admitted1921-22

Quota limit1924

Total admitted1921-22

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

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

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 pre- Nationality Act ference-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.

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.

3. Era of Quantitative Restrictions (continued)

Personal Responsibility and 1996 Established restrictions on theWork 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 toImmigrant Responsibility Act control U.S. borders, protect

legal workers through worksite enforcement and remove criminal and other deportable aliens.

Preference Categories under the Immigration and Nationality Act of 1952

Class of admission Percent allotted

First preference - selected immigrants of special skill or ability

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

50%

30%

20%

quotas not used by above categories (up to 25%)

quotas not used by any preference groups

Source: Congressional Research Service (1980), p. 63.

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.

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.

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.

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.

U.S. Population and Immigration, 1851-2000

Period

End-of Period

Population (millions)

GrossImmigration

(millions)

Gross Immi-

gration per 100

U.S Popu-lationa

Foreign-BornPopulation

Total(millions)

Change(millions)

aComputed relative to the average population over a decade.

1851-601861-701871-801881-901891-19001901-101911-201921-301931-401941-501951-601961-701971-801981-901991-2000

31.439.850.262.976.092.0

105.7122.8131.7150.7179.3203.2226.5248.7281.4

4.15.66.79.2

10.313.513.914.211.410.49.79.6

14.119.828.4

1.91.41.12.51.13.10.40.3-2.6-1.2-0.9-0.64.55.78.6

2.62.32.85.23.78.85.74.10.51.02.53.34.57.39.1

9.36.56.29.25.3

10.55.83.60.40.71.51.72.13.13.7

In terms of legal status, how can migrants come to the U.S.?

1. As legal resident aliensIn 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 nonimmigrantsIn 2006, 33,667,328 total

821,006 temporary workers and trainees

1,709,953 temporary workers and their families

Continued…

3. IllegallyAs 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

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

1921-30

1931-40

1941-50

1951-60

1961-70

1971-80

1981-90

1991-2000

2001-09

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

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

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

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

-- Direct Influences

information clearing house

travel assistance

starting assistance

lodging assistance

housing assistance

-- Welfare benefits

-- Unemployment insurance

-- Education

-- Taxes

-- Government Services

-- Subsidies to firms

The Four Waves of U.S. Migration

1. 1830s 1880s Western and Northern Europe

IrelandGermanyU.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)

2. 1870s 1880s 1900-14 Southern and Eastern Europe

ItalyAustria-HungrySoviet Union

1900-10 8.8 million (2.1 million from Austria/Hungary 1.6 million from Soviet Union 2.0 million from Italy)

3. 1920s 1960s Internal Migration from South to North

also rural to urban

4. 1940s 1950s 1990s Americas and AsiaMexico

CaribbeanPhilippinesKoreaChinaIndiaVietnam

to 1970 45.2 million…78.7% from Europe1971-2006 26.9 million…14.4% from Europe

46.8% from Americas32.7% from Asia 79.5%

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

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.

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).

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).

Table 3.3Immigrant 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. citizens20% 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 least24% 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 spousesand children.

Nonpreference Other qualified applicantsany number not used

above2

Continued

Numerically Exempt Immigrants

Immediate relatives of U.S. citizensspouses, children, parents of U.S. citizens at least 21years of age

Special Immigrantscertain ministers of religioncertain former employees of the U.S. government abroadcertain persons who lost U.S. citizenshipcertain 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.

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.

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.

Table 3.4Categories of Immigrants Subject to the Numerical Cap:

Unadjusted and Fiscal Year Limits (1992-1994)

Preference/Provision Unadjusted limit*

Family-sponsored immigrants465,0001

Family-sponsored preferences226,000

First Unmarried sons and daughters of U.S. citizens23,4002

Second Spouses, children, and unmarried sons and daughtersof permanent resident aliens

114,2003

Third Married sons and daughters of U.S. citizens24,40033

Fourth Brothers and sisters of U.S. citizens (at least21 years of age)

65,0003

Immediate relatives of adult U.S. citizens (spouses, notchildren, and parents) and children born abroad to

limited1

alien residents Continued

Legalization Dependents55,000

Employment -based preference140,000

First Priority Workers40,0403

Second Professionals with advanced degrees or aliens ofexceptional ability

40,0403

Third Skilled workers, professionals, needed unskilled workersand Chinese Student Protection Act

40,0403

Fourth Special immigrants9,940

Fifth Employment creation (“Investors”)9,940

Diversity Transition40,000

Total700,0001

* 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.

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

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

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

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

10,977

10,753

10,387

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

TableTemporary Workers, Trainees, and

Their Spouses and Children, 1975-1994

Year Workers and trainees Spouses and children Total

1994

1993

1992

1991

1990

1989

1988

1987

1986

1985

1984

1983

1982

1981

2004

2005

2006

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

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.