U.S. Asian Immigration Laws

The following laws had significant effect on immigration from Asia.

The Treaty of Tientsin

This Treaty was between the United States of America and the Empire of China, June 18, 1858.Basically the treaty established a framework for diplomatic relations between China and the United States. See this document at: http://web.jjay.cuny.edu/~jobrien/reference/ob27.html

The Chinese Exclusion Act of 1882.

In the period between 1882 and repeal in 1943 an annual average of 1,500 Chinese legally came to America. The act encouraged America’s first illegal immigration. During WWII, while the U.S. was an ally, Franklin Roosevelt repealed the law.

Burlingame Treaty

Ratified in 1868, the Burlingame Treaty supplanted The Chinese Exclusion Act establishing formal friendly relations. China was granted Most Favored Nation status and the U.S. recognized China's right of eminent domain over her territories. Under the Burlingame Treaty China could have consuls in United States ports, just as Great Britain and Russia.

Gentleman’s Agreement 1907- 1908. This ban was between Japan and the U.S., and limited the emigration of Japanese citizens to America. Because of Anti-Asian sentiments and labour interests of an expanding Japan, President Theodore Roosevelt entered into a 'Gentleman's Agreement' with Japan to bar Japanese labour. Exceptions were made for workers who had lived in the U.S. Previously.

Korean emigration ban by Japan: early 1900s. This ban occurred during a period that Japan occupied the Korean Peninsula, as Japan feared the loss of required laborers.

Immigration Act of 1917. This legislation restricted the immigration of all Asians not

covered by earlier acts. Asian immigration declined markedly during the 50 years following this act. The period when this law was passed marked a time of high immigration from many groups of peoples new to the U.S. These included those from Southern Europe and Eastern Europe. Two world wars contributed to a climate of mistrust and suspicion of foreign nationals.

Immigration Act of 1924

Enacted as a stop gap measure to control immigration, this law was the first to establish specific quotas by limiting the percentage of immigrants that could enter the United States from any one country. Essentially, the provisions of the law all but halted Chinese immigration to the United States.

The McCarran –Walter Immigration Act, 1952

This law, enacted during the post WWII presidency of Harry S. Truman, allowed every country a quota of 100 immigrants. However, more persons were allowed from the Northern and Western parts of Europe. Because we had just signed the North Atlantic Treaty Organization, NATO, Alliance, Truman felt that congress should have allowed more immigration from southern and eastern European countries.

The Immigration Act and Nationality Act Amendments of 1965 This act was signed at the Statue of Liberty by president Lyndon Johnson. Following this act, 34% of immigrants to the U.S. were Asians. Under this act, national origins were no longer a consideration. One hundred seventy thousand non-Western Hemisphere peoples could come annually. The act allowed one hundred twenty thousand from the Western Hemisphere, only twenty thousand people to come from any single country. Under this new system needed professionals and those with family in the U.S. were given priority.

Indochina Refuge Act of 1975 This Act allowed those fleeing war and economic pathos in Southeast Asia and Indochina to find new lives in America following the Viet Nam War.

Refugee Act of 1980

This law gave further impetus to the flow of immigrants from the oppressed of Indochina.

The act allowed fifty thousand refugees to enter per year. Many more than this number who wanted to immigrate were able to find ways to enter illegally.

Immigration Reform and Control Act of 1982

While this act made the employment of illegal aliens a crime, persons who came prior to 1982 were exempted form the employment ban. Those who enter illegally beyond that date are subject to deportation.