Immigration to the USA (Is the Golden Door Still Open?)

"Give us your tired, your poor,Your Huddled masses yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Is the Golden Door open? Since October 28th 1886 the inscription on the Statue or Liberty seems to be an invitation to anyone looking for a better life in The United States of America, but legislation enacted throughout history does not always seem to reflect the same sentiments. As times have changed and public opinions and perceptions have changed, the invitation has been restricted and limited. Before and after the arrival of Lady Liberty, the US has shown preferential treatment to some and discriminatory treatment to others.

• The Naturalization Act of 1790 specifically restricts immigration stating "any alien, being a free white person, may be admitted to become a citizen of the United States". While "Give us your tired,your poor..." was not written then, this does seem to contradict a document written a few years prior to this legislation which declared that "all men are created equal".

• In the 1840's industrialization boomed in the US. This along with crop failures and food shortages in Ireland and Germany and failed European revolutions created a period or mass immigration to the United States. As the melting pot becomes more diverse, the "old" re-evaluates the way they allow the "new" into "their" country.

• The Treaty of Guadalupe Hidalgo of 1848 was passed after the Mexican War and granted citizenship to approximately 80,000 Mexicans residing in the southwest. This seems to be in line, but the US will confront granting citizenship to Mexicans again.

• In 1849, immigration from China increases significantly after gold is discovered in California.

• In 1854 legislation was passed prohibiting Chinese immigrants from testifying against whites in California courts, giving Chinese an unfair disadvantage for success. The Chinese Exclusion Act of 1882 restricts Chinese immigration. This is way before "Made in China" was seen on so many products bought in the USA.

• The Alien Contract Labor laws past in 1885 and 1887 prohibited immigration to certain laborers into the United States. This limited immigration to skilled laborers needed to establish a new trade or industry and those coming to perform domestic services. To the unskilled "Average Joe" the Golden Door is closed.

• In 1891, inspecting, admitting, rejecting, and processing all immigrants fell under the jurisdiction of the Federal Government. In 1892 Ellis Island opens its doors, to process over 12,000,000 immigrants over the next 30 years. With our Lady nearby to keep an eye on things.

• The Anarchist Exclusion Act of 1901 gives the Federal Government the right to deny immigration based on ones political views. This was a reaction from Congress to the assassination of President William McKinley by a Polish anarchist. So much for freedom of choice.

• The US immigration Act of 1907 again addresses Mexican immigrants and attempts to reorganize the southwest bordering states into the Mexican Border District in order to slow down immigration from the southern borders. Sounds familiar.

• Also in 1907, the Expatriation Act stripped US citizenship from women marrying foreign nationals. An exception was made for Japan, with the condition Japanese laborers would only be allowed to Hawaii and not to the US mainland.

• From 1917 to 1924 numerous legislation was passed to limit the number of immigrants allowed each year, establishing the quota system and imposing passport requirements. (This is understandable and gives some order to the process.) The number of excluded aliens was increased, including the banning of all Asian immigrants with the exception of those from Japan and the Philippines. Again, aren't all men created equal?

• The Tydings-McDuffie Act of 1934, in anticipation of the Philippines' independence on July 4, 1946 stripped US national status from Filipinos and limited the immigration annual quota to 50.
• In 1942 this Act is repealed, making Filipinos citizens again and able to register in the military. I guess when it serves the governments bests interests, they can bend the rules.

• In 1940, The Alien Registration Act required all non-citizen immigrants to register with the Federal Government and acquire an Alien Registration Receipt Card. This is the will evolve into the "Green Card". This will aid in collecting taxes from immigrants employed in the states. It also requires fingerprinting of all aliens over the age of 14 and classifies Korean immigrants as subjects of Japan.
• In 1943 the Chinese Exclusion Act is repealed and by the end of the 1940's all restrictions are removed concerning Asian citizenship. A step in the right direction.

• The Bracero Program was introduced as a guest worker program by Congress in 1943. It brought temporary agricultural workers into the US from Mexico. This program lasted until
• 1964. Some will question if it ever ended.

• The War Brides Act of 1945 allows foreign-born wives or US military men to enter the country.(In 1946 fiancés of American soldiers were also allowed.)

• In 1950, The Internal Security Act restricted the immigration of Communists as well as those "which would be prejudicial to the public interest, or would endanger the welfare or safety of the United States." Could this be a precursor to Homeland Security?

• The McCarran Walter Immigration Act in 1952 laid the foundation for our present immigration system with a quota per country basis, giving preference to family members and skilled laborers. Again, the "Average Joe" is left out.

• Operation Wetback in 1954 deports undocumented workers back to Mexico. Again, does this sound familiar?

• In 1965, The Immigration and Nationality Act focuses on family reunification and lifts quotas based on national origin. Not all is lost!

• The 1968, Act ended discrimination based on race, place of birth, sex and residence. Now we're heading in the right direction. Lady Liberty is smiling.

• The Act passed in 1976 puts an end to preferential treatment to those in the western hemisphere. You mean we ALL are the same?

• The 1986 Immigration Act is commonly know as the 1986 Immigration Amnesty. Hundreds of thousands of illegal immigrants were legalized and penalties, along with fines, were imposed on companies who employed illegal immigrants. Isn't that a neat idea!

• In 1995, California passed Proposition 187, prohibiting providing public educational, welfare, and health services to undocumented aliens. It is later ruled as unconstitutional. Well, if we know who they are, can't we get them documented?

• In 1996, legislation is passed establishing income requirements for sponsors of legal immigrants in The Illegal Immigration Reform and Immigrant Responsibility Act in an effort to strengthen border enforcement. This makes is more difficult to gain asylum. This makes sense, if you can't afford it, then don't do it.

• In 1998, to keep up with the rest of the world, The American Competitiveness and Work force Improvement Act was passed. This increased the number of skilled temporary worker companies were allowed to bring into the country. Again, if it benefits the government, the rules can bend a little.

• With the bombing of the Twin Towers, the USA Patriot Act 2001 was passed, making it more difficult to gain access into the country with tools to detect, intercept and obstruct terrorism. This is a good thing. A government does have the responsibility to protect it's people.

In March 2003, the U.S. Citizenship and US immigration Services, or USCIS, was born as the US immigration and Naturalization Service joined the Department of Homeland Security. It's function is to handle US immigration services and benefits, including citizenship, applications for permanent residence, non-immigrant applications, asylum, and refugee services. It's task is difficult and complex. US immigration enforcement functions are now under the Department's Border and Transportation Security Directorate, known as the Bureau of US immigration and Customs Enforcement.

As seen here, legislation on immigration has not always seemed to have been based on sound rational. At times it seemed self serving at best. There are a myriad of considerations to factor into the decisions made concerning who and how people enter into the USA. Current social opinions and perceptions will have a big part in the decision making. With each piece of legislation passed one has to ask the question, "Is the Golden Door still open?"