The Development of Our Immigration Policy

“_Those who have come to our shores, representing many kindreds

and tongues, have been welded by common opportunity into a

united patriotism._”—FRANKLIN D. ROOSEVELT.

Long before the Revolutionary War, the colonies enacted restrictive

immigration laws. Many of these laws were based on religious prejudices,

which, although somewhat softened in intensity, still existed when the

new nation was born. Fear and consequent hatred of foreigners and foreign

influence were widely prevalent in the early years of the Republic.

John Adams, Alexander Hamilton, Patrick Henry, John Jay, and other

prominent statesmen opposed the introduction of aliens into the political

or economic life of the country. Thomas Jefferson believed that natural

expansion of the existing population would be sufficient to meet the

country’s needs. Even George Washington, in 1794, said:

My opinion with respect to emigration, is that except of

useful mechanics and some particular descriptions of men or

professions, there is no need of encouragement.

The prevailing spirit found expression in stringent naturalization laws

which, however, were soon modified.

_The Open Door_

While the Federal Government was not unmindful of its inherent right to

determine who might or might not come or remain within its borders, yet

for a hundred years after the Revolutionary War ended, the country’s

doors were open to all who chose to enter regardless of race, of

physical, mental, or economic condition, of religious or political

affiliation, or even of moral character.

An era of comparative tranquillity prevailed toward immigration until the

1840’s when a great flood of immigrants focused hostility against the

Germans and Irish, a feeling which continued until the outbreak of the

Civil War. A strong movement developed in Congress in favor of regulating

or even limiting immigration. But nothing came of it. In a message to

Congress in 1841, President Tyler gave expression to a sentiment that

grew stronger with the passing of the years. He said:

We hold out to the people of other countries an invitation to

come and settle among us as members of our rapidly growing

family, and for the blessings we offer them we require of them

to look upon our country as their country and unite with us

in the great task of preserving our institutions and thereby

perpetuating our liberties.

The open-door policy continued, for Congress was reluctant to abandon

the time-honored belief that the United States had been dedicated at

the beginning as a refuge for the oppressed people of all nations. Such

legislation as was enacted during this period, including three laws for

the improvement of conditions on immigrant-carrying ships, indicated the

sympathetic attitude of Congress toward the incoming multitudes.

Congress again favored the foreign-born by providing that aliens who had

declared an intention to become citizens might enjoy the benefits of the

Homestead Act of 1862. This privilege was later on destined to accelerate

the settlement of public lands in the West.

Because man power in industry and agriculture had been depleted during

the War Between the States, a Federal law to stimulate immigration was

enacted in 1864, but it was soon repealed when peace was restored.

_Federal Control_

In the absence of federal action, several seaboard States attempted

immigration control but, after many years of effort, the Supreme Court

held that Congress alone had such power. Congress assumed this power in

1882 when it reluctantly passed the first general immigration law which

provided only that idiots, lunatics, persons likely to become a public

charge, and criminals other than political offenders should be denied

admission. This law marked the beginning of a policy of _quality

selection_ which dominated all subsequent legislation.

In 1882, because of Western opposition, Chinese laborers were excluded—a

policy subsequently extended to include practically all Orientals. In

1884, a law forbidding the importation of foreign labor under contract

was passed but necessary skilled laborers and members of learned

professions were exempted. Thus was Washington’s opinion unwittingly

honored.

While Congress was developing a more stringent selective policy,

immigration increased by leaps and bounds with a shift in the incoming

tide from Northern and Western to Southern and Eastern Europeans. Unable

to function economically, socially, or politically in their home lands,

a steady stream of immigrants was spreading over the United States in

answer to the demand for unskilled labor. For more than thirty years, the

words of Emma Lazarus, carved on the pedestal of the Statue of Liberty,

had vital meaning:

Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, the tempest-tost, to me:

I lift my lamp beside the golden door.

_Checking the Tide_

The endless stream of newcomers, whose economic and political backgrounds

differed from those of the earlier immigrants, led to a search for some

method of checking the new immigration. With this end in view, the

application of a literacy test was advocated. Presidents Cleveland and

Taft had vetoed acts which contained this provision and President Wilson

twice repudiated it. However, it became part of the General Law of 1917

over presidential objection. In a reference to the immigrants, President

Wilson said:

Some of the best stuff in America has come out of foreign lands

and some of the best stuff in America is in the men who are

naturalized citizens of the United States.

In the meantime, during the administration of President Theodore

Roosevelt, a Gentlemen’s Agreement had been made with Japan in 1907,

whereby Japan undertook to check the emigration of Japanese laborers to

the United States.

Immigration from Europe was largely suspended during the World War, but

it rapidly increased thereafter until it was checked by the temporary

Quota Limit Law of 1921 and definitely limited by the permanent Quota

Limit Law of 1924. By this law, immigration was restricted to 150,000

annually, with quotas allotted to the various nations based on the Census

of 1890. In 1929, the quota based on the Census of 1920 went into effect,

bringing the total immigration quota to about 153,000 annually.

_Our Present Policy_

The theory that America should be a refuge for the oppressed of all

nations has been quite generally honored in shaping our immigration

policy. However, the United States is no longer a refuge for the

oppressed peoples of all the world in the same way as it was in the past.

Our present policy is that immigration shall be limited to a fixed

number, that such immigrants shall be of good character and well disposed

toward American institutions. For, in the words of former President

Coolidge:

Whether one traces his Americanism back three centuries to

the Mayflower or three years to the steerage is not half so

important as whether his Americanism today is real and genuine.

No matter on what various crafts we came here, we are all now

in the same boat.

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