The history of immigration law in the United States provides an interesting 
backdrop from which to analyze this country's views of race and class, which 
are often reflected in laws concerning immigration. One example of this 
connection is the laws concerning denial of benefits to undocumented people in 
the United States. Such laws began taking form when people of color began 
immigrating to the United States in large numbers from developing nations. 
During the settlement of the colonies, immigrants arrived freely, limited only 
by the cost of travel, diseases, and the harsh environment found in the 
colonies. In the years before the American Revolution, immigrants came to the 
colonies from England, France, Germany, Holland, Spain, and Portugal. During 
this period, slaves from Africa were also forcibly brought to this country. The 
only immigration restrictions at this time were on criminals and public 
charges. These restrictions illustrated the hostility felt towards newcomers by 
colonists who had only just arrived themselves. Immigration was, however, still 
favored to the extent that the colonies needed more people for labor and 
development. It is important to note that extensive federal legislation dealing 
with immigration was not enacted for some time. At first it was unclear whether 
the federal government was given the authority by the Constitution to regulate 
immigration. Also, unrestricted immigration was still desirable as a means for 
obtaining labor and achieving growth as a nation. Discontent with an open 
immigration policy increased with the tremendous rate of immigration and with 
the change in the composition of immigrants. Between 1820 and 1880, political 
and economic conditions brought over 2.8 million Irish immigrants to the United 
States. German Catholic immigrants also came during the 1840s. American society 
did not accept the Irish Catholics and Germans, and movements to limit 
immigration began to form. After the Civil War, federal law began to reflect 
the growing desire to restrict immigration of certain groups. In 1875, Congress 
passed the first restrictive statute for immigration, barring convicts and 
prostitutes from admission. The 1875 Act also attempted to deal with the 
problem of Chinese labor in the West. Imported Chinese labor had been used 
since 1850, and the tension between the Chinese workers and the settlers of 
European descent ran high. Congress adopted a law outlawing so-called "coolie- 
labor" contracts and immigration for lewd and immoral purposes. In 1882, 
Congress took even stronger action in the Chinese Exclusion Act, the nation's 
first racist, restrictive immigration law. The Act suspended all immigration of 
Chinese laborers for ten years and forbade any court to admit Chinese people 
for citizenship. The Chinese Exclusion Act was finally repealed in 1943. 
Immigration was now seen as a threat to the United States economy, and Congress 
began expanding the list of "undesirable classes" hoping to upgrade the quality 
of immigrants and to limit overall entry.

This article continued at:
http://pnews.org/ArT/WaR/Imm.shtml


Hank Roth
http://pnews.org/

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