-Sudhir Shah, Advocate, Mumbai

The history of American Immigration is created by its Legislation. Laws were passed from time to time to restrict Immigration rather than to regulate it.  From Open Door Nation, Immigration Laws have turned America into a Zero Tolerance country. As late as till 1965 Immigration Laws of America spelt racism, discrimination and restriction. They changed according to its own needs. Even the “Stimulus Act” enacted as late as 2009 is restrictive.

From Columbus to Obama, from 1492 to 2009, a plethora of Legislation pertaining to Immigration into USA have come into existence.  Many were completely recist.  Few were also “Hate” Laws. They preferred whites against non-whites.  At one point of time, USA Immigration laws were such that simply knowing their provisions today, we would feel shocked and start wondering as to how a nation known for liberty could even think of enacting such laws.  To know how the USA Immigration laws have changed would be interesting.

It was in the year 1776 that the charter of Declaration of Independence was adopted by 13 colonies of North America bringing   America into existence. Soon thereafter in the year 1790 the Naturalization Act 1790 was enacted.  It allowed  only those who were “free White persons of good moral character” and had resided in USA  for a period of 2 years to be a USA citizen.

In 1795 period of residence to become a USA citizen was increased  to 5 years.  The Alien Sedation Act 1792 authorized USA President to expel any Alien whom he thought to be dangerous for America.  The Naturalization Act of 1802 increased the period of residence to become US citizen from 5 to 14 years which was subsequently reduced to 5 years.  

California Foreign Minors Tax imposed US$3 monthly Tax for non native born citizens of USA, who were mainly Chinese.  The Anti Coolly Act of 1862 additionally Taxed Chinese workers. 

On one hand  USA sought to prevent Chinese workers coming to USA and on the other hand by the Homestead Act of 1862 it encouraged immigrants to migrate to USA. It offered for cultivation 150 acres of land to a family for 5 years and at the end of that period if the head of the family intended to become USA citizen, he was granted ownership of that land!

The Naturalization Act of 1870 restricted all immigration into USA to only white persons and persons of African decent who wre brought as slaves.

The 1875 Immigration Act denied entry to prostitutes and criminals.  It also prohibited Chinese Coolly labourers into USA. The Immigration Act of 1882 imposed a General Head Tax of 50 cents on all immigrants who entered USA.  It also prohibited entries of convicts, lunatics and idiots, persons who were likely to become dependant of State Government.  In the very same year Chinese Exclusion Act prohibited Chinese from migrating to USA.