This paper provides a macroscopic and comprehensive consideration of the history of United States immigration policies, from the establishment of the U.S.A. through to the 1920s, with the aim of grasping the continuity and transitional aspect of U.S. ...
This paper provides a macroscopic and comprehensive consideration of the history of United States immigration policies, from the establishment of the U.S.A. through to the 1920s, with the aim of grasping the continuity and transitional aspect of U.S. immigration policy. The paper focuses on the following problems. Firstly, who has been accepted and excluded by the immigration policies and what was the basis for that acceptance and exclusion. Secondly, what kinds of policies have been specifically used? Thirdly, what factors were important for forming the immigration policies? And finally, how can we characterize the change in U.S. immigration policy?
Although, ever since its establishment, the U.S. has positively encouraged the inflow of economically valuable people, the country's policies have constantly regulated the entry of undesirable immigrants. Americans have attempted to judge immigrants based on their value, productivity, and social desirability so that they could be easily assimilated into American life, and so that they would have a minimal and favorable impact on American society. In addition, Americans differentiated the acceptance attitude towards immigration according to whether the country should be a haven for the poor and the oppressed and have to provide equal opportunities as a nation of immigrants that has room and resources for additional people and is strong enough to absorb large numbers of foreigners without endangering its own society and institutions.
The antebellum general power of control over the movement of persons belonged to the police power of each state, which meant that the power of state government was superior to federal government in terms of immigration. Many states restricted immigration of categories including criminals, paupers and the mentally and physically disabled, persons suffering from contagious diseases, people of color, and conscientious objectors. State authorities controlled these classes of undesirable persons at the ports of entry by means of head tax, bond and commutation fees, health fees, inspections, etc. Once admitted into the country, immigrants were restricted in areas such as the naturalization procedure and the right to vote. While the federal government encouraged immigration through land policies, naturalization policies, etc., regulated un-Americanized persons, peoples to become public charge by means of the Alien and Sedition Acts, Passenger Acts, etc. In particular, with the effect that 'undesirable immigrants' were selected before they leave their homelands, the Passenger Act can be understood as the elementary form of 'pre-inspection of immigration'.
Because a state's right was superior to federal right in terms of the establishment and execution of immigration policy, the myth that U.S. immigration policy was not worked well or tried to choose the open-door policy until the end of the nineteenth century has been maintained. However, it remains to be evaluated whether constitutionally valid state immigration policy embodied the national immigration policy of the U.S. under the federalist system. In fact, immigration law prior to 1876 was a complex hybrid of state and federal policy.
Ultimately, a series of Supreme Court cases solved jurisdiction dispute. These cases circumscribed the strategy, tactics, and behavior of both sides in the controversy related to immigration. The pre-Civil War Supreme Court maintained a strain between state police power and federal commercial power related to immigration jurisdiction. After the Civil War, however, the judgments of the Supreme Court tended to support the exclusive authority of the federal government over immigration jurisdiction. In particular, two cases that the Supreme Court had decided on in 1876 confirmed the doctrine that regulation of immigration is the exclusive authority of the federal government. These precedents were decisive turning points in the establishment and execution of U.S. immigration policy.
Accordingly, the federal government comprehensively systematized immigration policies at the national level, which they achieved through large-scale expansion of administrative power. The racial regulation of immigration gradually enlarged and strengthened, starting with the Chinese Exclusion Act in 1882. Later, Eastern and Southern Europeans were excluded through the Literacy Test Act of 1917. At that time, racial exclusion was usually linked with economic, religious, and cultural prejudice and conventional exclusive categories. Simultaneously, coping with the scale of rapidly increasing immigration, the regulation method of immigration transformed from the existing qualitative regulation method to the quantitative regulation method, that is, it limited the overall number of immigrants. The final consequence of this kind of the process was the Immigration Quota Act in the 1920s. By introducing the collective and quantitative regulation of specific ethnicities or races with qualitative regulation based on existing individual characteristics, the federal government could drastically reduce the flow of 'undesirable and unwanted' immigration. Moreover, according to the changing international environments and the rise of the U.S. to world power, while international policy considerations and national security consideration increased, the pre-inspection system of immigration became diffused and strengthened. In this way, the visa system was established, along with the quota system, as the general regulation system of immigration. Like this, although a policy was in place to limit legal immigration, the policy of encouraging the immigration of Mexicans and Filipinos existed in parallel. They were 'undesirable' peoples in terms of their race and culture, but they satisfied the economic needs of the United States at that time. Thus, the segmentation phenomenon of the immigration policy was very settled.
These four principles of immigration policy, namely racial regulation, quantitative regulation, the pre-inspection system, and the segmentation of immigration policy, have been maintained with the foundation of policy up to this date since their establishment in the 1920s.