Race-Based Exclusion
"Members of a Congressional Committee Look Over Passports of Japanese 'Picture Brides' at the Immigration Station of Angel Island," ca. 1920 Bettmann Archives
AGAINST "THE BETTER ANGELS OF OUR NATURE"
"Angel Island, Cal. Intensive physical examination of aliens, Immigration Hospital," 1923
Records of the Public Health Service; National Archives & Records Administration (Download here)
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The intent of the "in order to form a more perfect Union" clause from the preamble to the Constitution is simple, elegant, and noble. In terms of its immigration policies, the U.S. has grappled, and continues to grapple, with perfecting a "Union" comprised of differing races, religions, cultures, and ideologies. From its beginnings, the U.S. demonstrated a dual (and less than perfect) immigration policy: open immigration for "whites" from northern Europe while excluding its enslaved and Native American populations as well as "undesirables" from other parts of the world.
American citizens and immigrants of Asian and Hispanic ancestry know only too well the nation's practice of race-based exclusion from the late 1800s through the end of World War II. See below for responsive legislation and specific legal cases that document their exclusion from the American experience on the basis of race. No matter the direction of current and proposed U.S. immigration policy, the following words from Jeanne Wakatsuki Houston, author of Farewell to Manzanar: A True Story of Japanese American Experience During and After the World War II Internment, prove most poignant:
“One of the amazing things about America is the way it can both undermine you and keep you believing in your own possibilities, pumping you with hope.”
己所不欲,勿施于人
“Do not impose on others what you yourself do not desire.”
Chinese Proverb
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七転び八起き
“When you fall seven times, you get up at eight.”
Japanese Proverb
Page Act of 1875
March 5, 1875
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Legisworks (Download here)
The Page Act of 1875 prohibits the importation of "unfree" laborers and women brought to the U.S. for “immoral purposes” but is enforced primarily against Chinese immigrants. It is a product of many political factors, including concerns over involuntary servitude, declining wages in the labor market, prostitution, and popular racist stereotypes about people of Asian descent.
The Act establishes a triumvirate of primary goals; specifically, it:
1) authorizes the use of federal agents at immigration ports to search and question “any subject of China, Japan, or any Oriental country” to determine if that person had come “without their free and voluntary consent, for the purpose of holding them to a term of service." If agents suspect that the person has come involuntarily to engage in “lewd and immoral purposes” while in the U.S., they can be expelled.
2) effectively bans the immigration of Chinese women by portraying most of them as arriving in the U.S. solely to work as prostitutes. Chinese women attempting to enter the country at Angel Island Immigration Station outside San Francisco are subjected to invasive and humiliating interrogations by U.S. immigration officials. (Preventing women from immigrating alongside their partners means male laborers are unable to create families and set down roots in America.)
3) bans people convicted of felonies in their home country from immigrating to the U.S.
Ultimately, the Act represents an early effort to restrict Asian immigration without categorically restricting Asian immigration on the basis of race while restricting select categories of persons whose labor is perceived as immoral or coerced.
Chinese Exclusion Act
May 6, 1882
In the 1870s and early 1880s, many Americans on the West Coast attribute declining wages and economic ills to Chinese workers, although the Chinese compose only 0.002 percent of the nation's population. Local politicians and civic organizations push members of Congress for measure to address worker demands as well as concerns about maintaining white "racial purity." Upon the signature of President Chester Arthur, the Chinese Exclusion Act of 1882 provides an absolute 10-year moratorium on Chinese labor immigration. For the first time, Federal law prohibits entry of an ethnic working group on the premise that it endangers the good order of certain localities.
The Chinese Exclusion Act requires the few non-laborers (such as diplomatic officers) who seek entry to obtain certification from the Chinese government that they are qualified to immigrate; these persons find it difficult to prove they are not laborers because the Act defines excludables as "skilled and unskilled laborers and Chinese employed in mining." As such, very few Chinese can enter the country under the 1882 law.
The act also places new requirements on Chinese who have already entered the country. If they leave the U.S., they must obtain certifications to re-enter. Congress, moreover, refuses State and Federal courts the right to grant citizenship to Chinese resident aliens, although these courts can still deport them. It includes a section directing that "hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed." The law clearly directs the courts not to naturalize any Chinese, but it does not explain whether "Chinese" indicates race or nationality.
In 1943, Congress passes a measure to repeal the discriminatory exclusion laws against Chinese immigrants and to establish an immigration quota for China of around 105 visas per year. Ironically, the Chinese are both the first to be excluded in the beginning of the era of immigration restriction and the first Asians to gain entry to the U.S. in the era of liberalization.
Chinese Exclusion Act of 1882, 05-06-1882
General Records of the U.S. Government; National Archives & Records Administration
(Download here)
A CHINESE EXCLUSION ACT GALLERY
A poster for an 1882 meeting in Petaluma to discuss the Chinese question, 1882
Courtesy of Petaluma360.com
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"The only one barred out Enlightened American statesman - We must draw the line somewhere, you know." 1882
Prints & Photographs Division, Library of Congress
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Bernhard Gilliam, artist, "They are pretty safe there," 04-05-1882
Miriam & Ira D. Wallach Division of Art, Prints and Photographs, New York Public Library Digital Collections
(Download here)
Document from Chinese Exclusion Act Case of Eng Goon, INS, Boston, 1911
Records of the Immigration & Naturalization Service; National Archives & Records Administration
(Download here)
Document from Chinese Exclusion Act Case of Chin Hung INS, Boston, 1911
Records of the Immigration & Naturalization Service; National Archives & Records Administration
(Download here)
Document from Chinese Exclusion Act Case of Anna May Wong, INS, Seattle, 12-05-1938
Records of the Immigration & Naturalization Service; National Archives & Records Administration
(Download here)
The Immigration Act of July 5, 1884, primarily known as an amendment to the Chinese Exclusion Act of 1882: 1) extends the 10-year suspension of Chinese laborers' immigration that began on May 6, 1882, 2) further tightens restrictions on Chinese immigration by clarifying that the law applies to all ethnic Chinese regardless of their country of origin, and 3) prescribes a certificate that Chinese laborers will need to reenter the U.S.
The Act makes it more difficult for Chinese immigrants to leave and re-enter the United States, essentially barring most Chinese laborers from entering the country; the law reflects the prevailing anti-Chinese sentiment in America.
The Scott Act of 1888 is introduced to expand upon the Chinese Exclusion Act of 1882 by eliminating the “returning laborers” status, which had been documented through “Certificates of Return.” As a result, the law leaves an estimated 20,000 - 30,000 Chinese outside the U.S. at the time of its passage stranded, with no option to return to their U.S. residence. Chinese workers challenge this law via Chae Chan Ping v. U.S. (known as the "Chinese Exclusion Act Case") arguing that the “Certificates of Return” should be honored as contractual agreements between the now-excluded workers and the U.S. government. The U.S. Supreme Court upholds the law, citing the “plenary powers” of the U.S. government over immigration matters.
John Chu’s Certificate of Residence, 03-04-1894
Courtesy of Douglas J. Chu, Museum of Chinese in America Collection)
(Download here)
Geary Act of 1892
Enacted: May 5, 1892
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Legisworks (Download here)
Upon the expiration of the Chinese Exclusion Act of 1882, Congress passes the Geary Act of 1892 to extend it for another 10 years, adding provisions and clarifications that expand the federal government’s powers to enforce immigration. The Act requires Chinese people in the U.S. to carry a "Certificate of Residence," a precursor of the green card system, to prove that they have legally entered the country; Chinese residents already living in the U.S. are required to register in order to receive their certificates. Chinese residents caught without such documents are subject to detention and deportation. The Act regulates Chinese immigration into the 20th century. With increased immigration following World War II, Congress adopts new means for regulation: quotas and requirements pertaining to national origin.
The San Francisco Call, "Chinese Exclusion Convention Opens Fight in Defense of American Labor," 11-20-1901
Prints & Photographs Division, Library of Congress
(Download here)
Gentlemen's Agreement
1907 - 1908
On April 18, 1906, the San Francisco Board of Education segregate all students of Japanese descent to "The Oriental Public School for Chinese, Japanese, and Koreans." Japanese-Americans are outraged at what they believe to be a breach of the treaty of 1894 that had guaranteed them the right to immigrate. (Interestingly, this edict by the San Francisco Board of Education came 11 months before President Theodore Roosevelt issues Executive Order 589 on March 14, 1907, ordering "Japanese or Korean laborers, skilled and unskilled, who have received passports to go to Mexico, Canada or Hawaii, and come therefrom, be refused permission to enter the continental territory of the United States.")
As the problem escalates, the Japanese and U.S. governments intervene to preserve diplomatic peace. Between late 1907 and early 1908, the Japanese and U.S. governments exchange a series of notes, known collectively as the Gentlemen’s Agreement: the U.S. government agrees to pressure the San Francisco authorities to withdraw the measure, and the Japanese government promises to restrict the immigration of laborers to the U.S.
President Theodore Roosevelt "forces" San Francisco to repeal its Japanese-American school segregation order in exchange for Japan agreeing to deny emigration passports to Japanese laborers, while still allowing wives, children and parents of current immigrants to enter the U.S.
The goal of the Gentlemen's Agreement is to reduce tensions between the U.S. and Japan such as those that followed the Pacific Coast race riots of 1907 and the segregation of Japanese students in public schools. The agreement is not a treaty and is never voted on by the U.S. Congress. It is superseded by the Immigration Act of 1924.
Protest poster encouraging a vote of YES on Alien Land Law, Proposition 1, ca. 1913
Pioneering Punjabis Collection, University of California Davis
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Hungerford, Edward, Peter Clark Macfarlane, and California Governor, "Anti-alien legislation in California," 1913
Prints & Photographs Division, Library of Congress
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California Alien Land Law
May 3, 1913
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University of California, Hastings School of the Law
(Download here)
The California Alien Land Law primarily targets Japanese immigrants from owning agricultural land or holding long-term leases on the land, thereby severely impacting their ability to farm. In effect, the law is designed to deny Japanese families their foothold in America by denying them the right to own land. On a larger level, it is intended to: 1) discourage immigration from Asia, and 2) create an inhospitable climate for immigrants already living in California.
While the law primarily impacts Japanese immigrants, other Asian groups--Chinese, Indian, and Korean farmers--are affected as well. In conjunctions with previous immigration laws, all four groups are identified as “aliens ineligible for citizenship." Accordingly, they are barred from owning land or leasing it for more than three years.
As surely as the Chinese Exclusion Act of 1882 focuses on immigration from China, the California Alien Land Law targets nearly 40,000 Japanese people living in the state. Proscecutors are empowered to file "escheat actions" against Japanese residents. i.e. asking courts to turn their land over to the state.
The law is tightened in 1920 and 1927 to bar Asian immigrants, their American-born children, and even corporations run by Asian immigrants from leasing and owning land. The penalty for conspiring to evade the law is up to two years in prison. The California press as well as the Japanese and Korean Exclusion League and the Anti-Jap Laundry League support the law; the two leagues, founded by labor unions, claim tens of thousands of members.
Immigration Act of 1924
May 26, 1924
An Act of May 26, 1924, Public Law 68-139, 43 STAT 153, to Limit Immigration of Aliens into the United States for Other Purposes
General Records of the U.S. Government; National Archives & Records Administration
(Download here)
Following the success of the Emergency Quota Act of 1921, Congress hastens to implement a permanent quota system; a coalition of restrictionists lobby for the quota system, intent upon restoring the ethnic makeup of the country’s white population to that of the early 19th century (away from the "new" immigration of the late 19th century from southern and eastern Europe).
The Immigration Act of 1924, also known as the "Johnson-Reed Act," establishes a permanent race-based quote system for immigration to America: 2 percent of resident populations counted in the 1890 census, capping overall immigration at 150,000 per year; this represents an 80% reduction of the yearly average before 1914. The act temporarily reduces the annual quota of any nationality from 3% of their 1910 population, per the Emergency Quota Act of 1921, to 2% as recorded in the 1890 census. With a few exemptions, such as specialized employment, education, or tourism, it bars altogether “aliens ineligible for citizenship" (i.e., Asian immigrants).
Eastern and southern Europeans are most severely affected by reductions in legal immigration. The “national origins” quotas are enforced by a system of “remote control.” Prospective immigrants are required to apply for visas at the U.S. consulate or embassy closest to their homes; they are interviewwd and their applications are evaluated, accepted or rejected far away from the U.S. Not surprisingly, immigration numbers fall immediately and dramatically, and particularly from targeted areas of eastern and southern Europe. In addition, the Act authorizes the creation of the country's first formal border control service, the U.S. Border Patrol.
The “national origins” quota system will remain the primary principle determining admissibility to the U.S. until passage of the Immigration and Nationality Act of 1965.
Letter to James J. Davis, Department of Labor, from Portuguese Citizens of California Regarding the Immigration Act of 1924, 11-25-1925
Records of the Immigration & Naturalization Service; National Archives & Records Administration
(Download here)
In the late 1920s, Senator Coleman Livingston Blease (D-SC), a segregationist and anti-immigrant champion, leads the legislative charge to limit Mexican immigration. Up to this point, disagreements between employers who depend on Mexican labor and restrictionists prevent Congress from putting numeric limits on Mexican immigration. Blease proposes a solution criminalizing border crossings that occur outside of official ports of entry.
The Undesirable Aliens Act of 1929, also known as "Blease's Law," makes: 1) “unlawfully entering the country” a misdemeanor, punishable by up to a year’s imprisonment and fines, and 2) returning to the U.S. after deportation a felony punishable by up to two years imprisonment and $1,000 in fines. Seven months after passage of the Act, Wall Street crashes, and the U.S. enters the Great Depression; the federal government coerces Mexicans in the U.S. into repatriating by threatening penalties and conducting immigration raids, targeting those who cannot prove their legal status.
By the end of the 1930s, U.S. attorneys have prosecuted more than 44,000 cases of unlawful entry, almost entirely against Mexicans.
Executive Order 9066
February 19, 1942
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President Franklin Delano Roosevelt issues Executive Order 9066 authorizing the forced removal of all persons deemed a threat to national security from the West Coast to "relocation centers" further inland, resulting in the incarceration of Japanese Americans. The West Coast is divided into military zones; military commanders are authorized to exclude civilians from military areas. Although the language of the order does not specify any ethnic group, Lieutenant General John L. DeWitt of the Western Defense Command announces curfews that include only Japanese Americans.
Specifically, General DeWitt first encourages voluntary evacuation by Japanese Americans from a limited number of areas. About seven percent of the total Japanese American population in these areas comply. Specific decrees, dates, and actions stemming from Executive Order 9066 follow:
March 21, 1942 Congress passes Public Law 503, which makes violation of Executive Order 9066 a misdemeanor punishable by up to one year in prison and a $5,000 fine.
March 27, 1942 Under the authority of Roosevelt's executive order, DeWitt issues Public Proclamation No. 4, which begins the forced evacuation and detention of Japanese American West Coast residents on a 48-hour notice.
May 17, 1942 The U.S. military issues Civilian Exclusion Order 82, forcing all individuals of Japanese ancestry living within a designated "Military Area" on the West Coast to evacuate their homes and relocate to internment camps.
Executive Order 9066
In the next six months, approximately 122,000 men, women, and children are forcibly moved to "assembly centers." They are then evacuated to and confined in isolated, fenced, and guarded "relocation centers," also known as "internment camps." The 10 sites are in remote areas in six western states and Arkansas: Heart Mountain in Wyoming, Tule Lake and Manzanar in California, Topaz in Utah, Poston and Gila River in Arizona, Granada in Colorado, Minidoka in Idaho, and Jerome and Rowher in Arkansas.
Nearly 70,000 of the evacuees are American citizens. The government makes no charges against them; they cannot appeal their incarceration. All lose personal liberties; most lose homes and property as well. Although several Americans challenge the government’s actions in court cases, the Supreme Court upholds their legality. Paradoxically, nisei--the children of Japanese immigrants born and educated in the U.S.--are encouraged to serve in the armed forces; some are also drafted. Altogether, more than 30,000 Japanese Americans serve with distinction during World War II in segregated units. In fact, the 442nd Regimental Combat Team, a unit primarily comprised of Japanese American soldiers, also known for their motto "Go For Broke," earns the distinction of the most decorated U.S. military unit in World War II.
Pvt. Raymond D'Addario, U.S. Signal Corps, photographer, "[Company] E. of the 442nd Infantry Regiment comprising Japanese-American lads snapped in formation in Camp Shelby, Mississippi," 05-13-1943
National Archives & Records Administration
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"The 442nd Regimental Combat Team"
Courtesy of Rick Quan
AN EXECUTIVE ORDER 9066 GALLERY
Russell Lee, photographer, "The evacuation of Japanese-Americans from West Coast areas under U.S. Army war emergency order Japanese try to sell their belongings. Los Angeles, Calif.," April 1942
Prints & Photographs Division, Library of Congress
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"Mr. and Mrs. K. Iseri Have Closed Their Drugstore in Preparation for the Forthcoming Evacuation from Their 'Little Tokyo' in Los Angeles," 04-11-1942
Records of the War Relocation Authority; National Archives & Records Administration
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"Japanese-Americans transferring from train to bus at Lone Pine, California, bound for war relocation authority center at Manzanar. California," April 1942
Prints & Photographs Division, Library of Congress
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Dorothea Lange, photographer "Individuals of Japanese ancestry at the Santa Anita Assembly Center in April 1942 before removal to WRA camps," 04-05-1942
Records of the War Relocation Authority; National Archives & Records Administration
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Dorothea Lange, photographer, "Photograph of Japanese Family Being Evacuated," 04-29-1942
Records of the War Relocation Authority; National Archives & Records Administration
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Dorothea Lange, photographer, "Members of the Mochida family wait in Hayward, California, for their “evacuation” bus." 05-08-1942
Records of the War Relocation Authority; National Archives & Records Administration
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Dorothea Lange, photographer, "Manzanar Camp," 1942
Records of the War Relocation Authority; National Archives & Records Administration
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"Poston, Arizona. Evacuees of Japanese ancestry are signing up for the War Relocation Authority Work Corps," 05-26-1942
Records of the War Relocation Authority; National Archives & Records Administration
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"Manzanar Relocation Center, Manzanar, California. Evacuee boy at this War Relocation Authority center reading the Funnies," 07-01-1942
Records of the War Relocation Authority; National Archives & Records Administration
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"Manzanar Relocation Center, Manzanar, California. Baseball is the most popular recreation at this War Relocation Authority center," 07-02-1942
Records of the War Relocation Authority; National Archives & Records Administration
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"Manzanar Relocation Center, Manzanar, California. Children are taught democratic games in the nursery school at this Relocation Center," 02-10-1943
Records of the War Relocation Authority; National Archives & Records Administration
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Peter O'Crotty, photographer, ["Unidentified Japanese American doctor, nurses, and candy stripers, who worked as medical staff while being incarcerated at Tule Lake Relocation Center"], May 1943
Prints & Photographs Division, Library of Congress
(Download here)
LANDMARK EXCLUSION CASES (BASED ON RACE)
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