EXCLUSION ACTS AND LEGAL RESISTANCE
Citizens of China have visited the United States since the 18th century, most as travelers for leisure or business and some few as cultural entertainers of one type or another. The Burlingame-Seward Treaty of 1868 formally granted privileges to China and favorable treatment of its citizens, however, the United States later enacted restrictive legislation beginning in 1882 to control the migration and movement of Chinese within its borders.
| 1868 | Burlingame-Seward Treaty | Recognized China’s right of eminent domain over its territoryChina could appoint consuls to U.S. portsCertain privileges were granted to citizens of either country residing in the other, but not naturalizationU.S. citizens in China and Chinese subjects in the U.S. could worship whatever faith they chose |
| 1875 | Page Act | Prohibited entry of “undesirable” persons, specifically persons considered convicts in their native countries, any Asian individual arriving as a contract laborer (“coolies”), and any Asian woman who would engage in prostitutionFines and jail times imposed for those who import Asians under an involuntary indenture |
| 1880 | Angell Treaty (a.k.a. Treaty Regulating Immigration from China) | United States government may restrict the immigration of skilled and unskilled laborersUnited States continues to protect the rights and privileges of Chinese laborers already present in the U.S. |
| 1882 | Chinese Exclusion Act | Suspended immigration of Chinese laborers for 10 years Chinese cannot naturalizeExempt status extended to teachers, students, merchants, and travelers presenting a qualifying certificate from the Chinese government to travel to the U.S.All Chinese within U.S. as of 17 Nov 1880 allowed to stay, however, required to obtain a Certificate of Re-entry to travel abroad and to return to the U.S. |
| 1886 | Yick Wo v. Hopkins (118 U.S. 356) | Chinese immigrants, though not U.S. citizens, were still entitled to equal protection under the law per the 14th Amendment |
| 1888 | Scott Act (a.k.a. Second Chinese Exclusion Act) | All Chinese laborers with Certificates of Return Entry who were abroad at the time of enactment denied U.S. entry |
| 1889 | Chan Chae Ping v. United States (130 U.S. 581) | Constitutionality of the Scott Act challenged on the grounds of violating the Burlingame Treaty. Supreme Court rules in favor of federal government, vesting legislative and executive branches with plenary power to regulate all aspects of immigration |
| 1892 | Geary Act (a.k.a. Third Chinese Exclusion Act) | The immigration suspension of 1882 extended another 10 years (to 1902)Chinese laborers must register for Certificates of Residence, or else face arrest and deportationChinese cannot testify in court, nor receive bail in habeas corpus proceedings |
| 1893 | Act of November 3, 1893 (Geary Act Amendment) | 1892 Act amended to also require Chinese merchants to obtain testimony of 2 non-Chinese witnesses to vouch for their business activities |
| 1893 | Fong Yue Ting v. United States (149 U.S. 698) | Constitutionality of the Geary Act’s requirement of Certificate of Residence challenged. Supreme Court rules in favor of federal government, extending plenary power to regulate immigration by setting conditions for legal residence |
| 1898 | United States v. Wong Kim Ark (169 U.S. 649) | Supreme Court upholds jus soli (“right of the soil”) or birthright citizenship by virtue of birth in the U.S., as provided in the 14th Amendment. Children of U.S. citizens born outside the country are granted citizenship via jus sanguinis (“right of blood”) |
| 1902 | McCreary Act (Extension of Geary Act) | Chinese Immigration suspension of, 1882 extended without an end date, therefore permanentAll Chinese required to register and carry a certificate proving their right to be in the U.S.Chinese without proper registration documents found in the U.S. are to be imprisoned or deported |
| 1905 | United States v. Ju Toy (198 U.S. 253) | Decisions made by immigration officials are final and conclusive, and no longer subject to appeals in court (e.g. writs of habeas corpus). Appeals allowed only in decisions based on abuse of authority or impropriety |
| 1924 | Johnson-Reed Act (a.k.a. National Origins or Asian Exclusion Act) | Total immigration into the U.S. limited to 150,000 per year, with proportions based on countries of origin statistics compiled in the 1920 censusEntry preferences for relatives of U.S. residents under quota system set to include unmarried children under age 21, their parents, spouses over age 21; immigrants over age 21 skilled in agriculture, their wives, and dependent children under age 16Non-quota status formally defined for wives and unmarried children under age 18 of U.S. citizens, for natives of Western Hemisphere countries, with their families “Non-immigrants” defined as temporary visitorsA consular control system is established to require a valid immigration visa be issued by an American consular officer prior to U.S. entrySet fines for transportation companies that land aliens in violation of established immigration lawsAliens designated as ineligible to naturalize (Chinese and Japanese) are prohibited from entering the U.S. as immigrants |
| 1925 | Chang Chan v. Nagle (268 U.S. 346) | Chinese wives of American citizens denied entry as they are aliens ineligible for citizenship and marriage does not confer citizenship |
| 1925 | Cheung Sum Shee v. Nagle (268 U.S. 336) | Entry into the U.S. by wives of Chinese merchants permitted to continue |
| 1935 | Nye-Lea Act (a.k.a. Alien Veteran Naturalization Act) | Aliens previously ineligible for citizenship who served in World War I may naturalize |
| 1943 | Magnuson Act (a.k.a. Chinese Exclusion Repeal Act) | All Chinese Exclusion Acts are repealedNumber of annual entry visas for Chinese limited to 105Chinese can become naturalized U.S. citizens |
| 1945 | War Brides Act | Alien wives of U.S. servicemen allowed to enter as immigrants, but still limited by the Chinese quota of 105 |
| 1946 | Public Law 713 | Chinese wives of American citizens are allowed entry as immigrants on a non-quota basis |
| 1947 | G.I. Fiancées Act | Betrothed of ex-servicemen allowed to enter as immigrants |
| 1952 | McCarran-Walter Act (a.k.a. Immigration and Nationality Act of 1952) | Racial restrictions of earlier immigration statutes abolished, but quota system by nationality and region remains3 types of immigrants definedthose with special skills or relatives of U.S. citizens exempt from quotas and who were admitted without restrictions; those immigrants whose numbers usually do not exceed 270,000 per year; refugeesU.S. government can deport immigrants or naturalized citizens engaged in subversive activities as well as bar suspected subversives from entering the countryU.S. nationality to include Guam (Puerto Rico and Virgin Islands already included) Citizenship granted at birth to those in Guam, Puerto Rico and the Virgin Islands on or after 24 Dec. 1952Non-quota status of foreign-born minor children of U.S. citizens lifted |
| 1959 | Chinese Confession Program Begins | For those Chinese who committed fraud to enter the U.S. on or before 11 Sept. 1957 and who confess could have their status adjusted: Those entering before 1 July 1924 received immediate naturalizationThose entering before 28 June 1940 obtained permanent residency and could apply for naturalization after 5 yearsThose entering between WWII and 28 Oct. 1948 obtained residency if they’d lived in the U.S. for 10 years continuously Eligibility for status adjustment required of the confessor full details about their real AND paper family members. |
| 1965 | Hart-Cellar Act (a.k.a. Immigration and Nationality Act of 1965) | 1924 National Origins Act formula abolishedNew preference system focusing on immigrants’ skills and family relationships with citizens or U.S. residents establishedAnnual number of issued visas set at 170,000 with a per-country-of-origin quota that does not include immediate relatives of U.S. citizens and those working for the U.S. government abroad |
| 1966 | Chinese Confession Program Ends | The revised quotas and preference parameters of the 1965 Hart-Cellar Act precluded the special treatment offered by the confession programFinal results of program: 13,895 confessions exposed 22,083 persons, and closed 11,294 immigration slots |
Bibliography
Gold, Martin B. Forbidden Citizens. Chinese Exclusion and the U.S. Congress: A Legislative History. Alexandria, VA.: TheCapitol.Net, 2012.
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