Immigration Policy

At the base of the Statue of Liberty in New York harbor is this famous poem by Emma Lazarus, "The New Colossus."

Lazarus' poem is a message to all potential immigrants as well as a statement of philosophy. By placing this message on the base of America's most recognizable symbol we establish what are policy should be. America, as previously stated, is a nation founded by and for immigrants. Everyone in America, with the exception of native Americans, are immigrants.

This being the case one would think that we have, or should, live up to the ideals in the poem. Yet America has not always had an open immigration policy. In fact it has often been restrictive.

Immigrants at Ellis Island

I. Immigration Policy

A. What have been some of America's key immigration policies?

1. The first measure restricting immigration enacted by Congress was a law in 1862 forbidding American vessels to transport Chinese immigrants to the US.; 20 years later Congress passed the Chinese Exclusion Act excluding Chinese immigrants.

2. Gentlemans's Agreement - A diplomatic agreement made in 1907 by the U.S. and Japan provided that the Japanese government would not issue passports to Japanese laborers intending to enter the US.; under the terms of this agreement, the U.S. government refrained until 1924 from enacting laws discriminating Japanese immigrants.

3. In 1917 Congress passed an immigration law that imposed a literacy test and created an Asiatic Barred Zone to shut out Asians. Aliens unable to meet minimum mental, moral, physical, and economic standards were excluded, as were anarchists and other so-called subversives.

4. Emergency Quota Act - After World War I a marked increase in racism and the growth of isolationist sentiment in the U.S. led to demands for further restrictive legislation. In 1921 a congressional enactment provided for a quota system for immigrants, whereby the number of aliens of any nationality admitted to the U.S. in a year could not exceed 3 percent of the number of foreign-born residents of that nationality living in the U.S. in 1910.

5. McCarren Walter Act - In 1924, the basic immigration quotas were changed; the new law provided for annual immigration quotas for all countries from which aliens might be admitted. Quotas were based on the presumed desirability of various nationalities; aliens from northern and Western Europe were considered more desirable than those from southern and Eastern Europe. Aliens who fulfilled lawful residence requirements were exempt from quotas, as were alien wives, children, and some husbands of U.S. citizens.

6. Immigration Act of 1965 - The 1965 amendments to the Immigration and Nationality Act abolished the national-origin quotas and established an annual limitation of 170,000 visas for immigrants from eastern hemisphere countries. Another law, effective in 1968, provided for an annual limitation of 120,000 immigrants from the western hemisphere, with visas available on a first-come, first-served basis.

7. Immigration Act of 1985 - In the 1980s concern about the surge of illegal aliens into the U.S. has led Congress to pass legislation aimed at curtailing illegal immigration. The Immigration Act of 1985 allows most illegal aliens who have resided in the U.S. continuously since January 1, 1982, to apply for legal status. In addition, the law prohibits employers from hiring illegal aliens and mandates penalties for violations.

What should be clear is that America has not lived up to the standards expressed in the poem by Emma Lazarus. America has on many occasions acted in a restrictive (and hypocritical manner it should be noted) towards immigration.