Chapter Thirteen: Racism, Nativism, and Immigration Policy By Tanya Maria Golash-Boza

Immigration and Racism Immigration laws can impact racial groups even when the law does not mention race. This can happen through immigration and the process of becoming a citizen. Early laws did mention race. The Naturalization Law of 1790 indicated that: “Only free white persons who had lived in the United States for at least two years were eligible for citizenship.” (p. 360)

Chinese Exclusion Act of 1882 This piece of legislation in place until 1943 prevented Chinese laborers from entering the United States using both race and class as categories of exclusion. The 1893 case Fong Yue Ting v. United States indicated that deportation was not a punishment, but an administrative act where certain constitutional provisions did not apply such as a right to trial by jury.

More Racial Exclusions -Immigration Act of 1924—created exclusions for Southern and Eastern Europeans. -1924 Oriental Exclusion Act—created exclusions for people coming from most of Asia. -The Border Patrol was created.

From 1924 to 1964 Few Immigrants Permitted Entry Nativism (the tendency to favor those born within a country over those who come from other countries) was practiced when deportations of Mexicans occurred in 1925, 1929, and in the 1930s In 1942 up to 1964, the Bracero Program—a guest worker program for Mexican men—was in place

From 1924 to 1964 Few Immigrants Permitted Entry Operation Wetback—many raids in the 1950s to arrest workers suspected of being undocumented. These workers had lives and families in the United States. McCarran Internal Security Act—this act legalized the deportation of immigrants who were suspected of associating with the Communist Party.

1965 Immigration and Nationality Act This act overturned the exclusionary policies and set a universal quota of 20,000 people. People could now enter based on family relationship, skills, or education. The results were that immigration increased from Asia, Latin America, and the Caribbean and undocumented immigration from Mexico increased.

Asian Immigration Sending countries for Asian immigrants include China, Philippines, India, Korea, and Vietnam Chinese immigrants were an early group to immigrate to the United States and came in at a steady pace until the Exclusion Acts Philippines was a U.S. colony from 1898 until 1946 from which they could freely enter the United States until 1934, when immigration was restricted, then opened up again with the 1965 act.

Asian Immigration Koreans arrived as laborers, then faced restrictions until many women arrived after the Korean war as wives of service men. High levels of immigration between 1975 and 1990. Vietnamese entered the country as refugees between 1971 and 1980.

Latin American and Caribbean Immigration Latin American migration numbers were high in the 1990s, but not before that with the exception of Mexico. Mexicans stayed temporarily up until the 1970s. Central American immigration increased in the 1960s, and especially in the 1980s due to civil wars and violence. Caribbean persons have always been immigrating, and increased since 1965, with Dominican Republic, Cuba, and Jamaica.

Undocumented Immigration Undocumented immigrants come from various places. In terms of Mexico, prior to 1965, there were no numerical limits on the number of immigrants to be admitted from Mexico. After 1965, with a 20,000 quota undocumented immigration escalated in numbers because of employment opportunities. In the 1970s, the public began to see this as a problem.

Immigration Reform and Control Act of 1986 Two provisions: Included a path to become documented for those who met certain qualifications Employers would be sanctioned for hiring undocumented workers Many Mexicans decided to stay in the United States, which was something new for both immigrants and local-born whites. Fear of the racial other of immigrants and their “drain on society” circulated around the discussion of this law.

State Propositions One California proposition denied undocumented immigrants public education and public aid; this passed but was found unconstitutional; just like in earlier U.S. history the immigrants were being used as scapegoats by politicians for poor economic times Arizona in 2010, Georgia in 2011, and Alabama in 2011 all passed laws that targeted undocumented immigrants.

More Immigrant Laws Focusing on Deportation and Detention passed in 1996 Personal Responsibility and Work Opportunity Reconciliation Act 1996: This law also prevented documented immigrants from accessing public aid benefits for five years. Illegal Immigration Reform and Immigrant Responsibility Act of 1996: This law created a stipulation for mandatory deportation for certain crimes and could be retroactive. Anti-Terrorism and Effective Death Penalty Act: Mandated automatic detention in many cases and halted the ability to get judicial review of deportation. Together the laws weakened the protections for immigrants.

1996 Laws Judicial review not provided for deportation cases Detention required for immigrants under investigation for violations of immigration law Allowed the use of secret evidence Allowed legal permanent residents to be deported for crimes committed outside the time period of the 1996 laws

Top Five Countries for Deportees Mexico Honduras Guatemala El Salvador Brazil Latin Americans are more likely to be deported than Asians.

Nativism in the Twenty-First Century According to Sanchez (1997), three characteristics of contemporary nativism: -preference for English -fear that immigrants are taking affirmative action slots of the U.S. born -fear that immigrants draw from public resources like hospitals, schools, and public aide

DREAM ACT Attempted legislation to allow adults and children who were brought to the United States as children to gain documented status, so they can attend school and find employment. Immigration legislation still has a disproportionate impact on people of color.

Conclusion Nativism and racism influenced immigration policy and impacted the lives of many people This nativism and racism permeated the laws passed by the U.S. government. Struggles continue today for individuals and family members who do not have a path to becoming documented immigrants