History Of Laws Concerning Immigration And Naturalization In The United States
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History Of Laws Concerning Immigration And Naturalization In The United States
During the 18th and most of the 19th centuries, the United States had limited regulation of immigration and naturalization at a national level. Under a mostly prevailing "open border" policy, immigration was generally welcomed, although citizenship was limited to “white persons” as of 1790, and naturalization subject to five year residency requirement as of 1802. Passports and visas were not required for entry to America, rules and procedures for arriving immigrants were determined by local ports of entry or state laws, and processes for naturalization were determined by local county courts. In the course of the late 1800s and early 1900s, many policies regarding immigration and naturalization were shifted, in stages, to a national level. Court rulings giving primacy to federal authority over immigration policy, and the Immigration Act of 1891, led to the establishment of the U.S. Bureau of Immigration and the opening of the Ellis Island inspection station in 1892. Constituti ...
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Open Border
An open border is a border that enables free movement of people (and often of goods) between jurisdictions with no restrictions on movement and is lacking substantive border control. A border may be an open border due to intentional legislation allowing free movement of people across the border (''de jure''), or a border may be an open border due to a lack of legal controls, a lack of adequate enforcement or adequate supervision of the border (''de facto''). An example of the former is the Schengen Agreement between most members of the European Economic Area (EFTA and the EU). An example of the latter has been the border between Bangladesh and India, which is becoming controlled. The term "open borders" applies only to the flow of people, not the flow of goods and services, and only to borders between political jurisdictions, not to mere boundaries of privately owned property. Open borders are the norm for borders between subdivisions within the boundaries of sovereign states, t ...
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Naturalization Act Of 1798
The Naturalization Act of 1798 (, enacted June 18, 1798) passed by the United States Congress, to amend the residency and notice periods of the previous Naturalization Act of 1795. It increased the period necessary for aliens to become naturalized citizens in the United States from 5 to 14 years and the Declaration of Intention from 3 to 5 years. Although the law was passed under the guise of protecting national security, most historians conclude it was really intended to decrease the number of citizens, and thus voters, who disagreed with the Federalist Party. At the time, most immigrants supported Thomas Jefferson and the Democratic-Republicans, the political rivals of the Federalists. It had only limited effect, however, as many immigrants rushed to become naturalized before the Act went into effect, and states could at the time make their own more lenient naturalization laws. The Act was controversial at the time, even within the Federalist Party, as many Federalists feare ...
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Geary Act
The Geary Act was a United States law that extended the Chinese Exclusion Act of 1882 by adding onerous new requirements. It was written by California Representative Thomas J. Geary and was passed by Congress on . The law required all Chinese residents of the United States to carry a resident permit, a sort of internal passport. Failure to carry the permit at all times was punishable by deportation or a year of hard labor. In addition, Chinese were not allowed to bear witness in court, and could not receive bail in ''habeas corpus'' proceedings. The Geary Act was challenged in the courts but was upheld by the United States Supreme Court in an opinion by Justice Horace Gray, '' Fong Yue Ting v. United States'', 149 U.S. 698, 13 S. Ct. 1016. 37 L.Ed. 905 (1893), Justices David Josiah Brewer, Stephen J. Field, and Chief Justice Melville Fuller dissenting. The Chinese Exclusion Acts remained in force until partly modified by the Magnuson Act in 1943, which slightly opened up Chine ...
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Yellow Peril
The Yellow Peril (also the Yellow Terror and the Yellow Specter) is a racist, racial color terminology for race, color metaphor that depicts the peoples of East Asia, East and Southeast Asia as an existential danger to the Western world. As a psychocultural menace from the Eastern world, fear of the Yellow Peril is racial, not national, fear derived not from concern with a specific source of danger from any one people or country, but from a vaguely ominous, Existentialism, existential fear of the faceless, nameless hordes of yellow people. As a form of xenophobia and racism, Yellow Terror is the fear of the Oriental, Other (philosophy), nonwhite Other; and a Racialism, racialist fantasy presented in the book ''The Rising Tide of Color Against White World-Supremacy'' (1920) by Lothrop Stoddard. The racist ideology of the Yellow Peril derives from a "core imagery of apes, lesser men, primitives, children, madmen, and beings who possessed special powers", which developed during th ...
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Gold Rush
A gold rush or gold fever is a discovery of gold—sometimes accompanied by other precious metals and rare-earth minerals—that brings an onrush of miners seeking their fortune. Major gold rushes took place in the 19th century in Australia, New Zealand, Brazil, Chile, South Africa, the United States, and Canada while smaller gold rushes took place elsewhere. In the 19th century, the wealth that resulted was distributed widely because of reduced migration costs and low barriers to entry. While gold mining itself proved unprofitable for most diggers and mine owners, some people made large fortunes, and merchants and transportation facilities made large profits. The resulting increase in the world's gold supply stimulated global trade and investment. Historians have written extensively about the mass migration, trade, colonization, and environmental history associated with gold rushes. Gold rushes were typically marked by a general buoyant feeling of a "free-for-all" in income mob ...
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Chinese Exclusion Act (United States)
The Chinese Exclusion Act was a United States federal law signed by President Chester A. Arthur on May 6, 1882, prohibiting all immigration of Chinese laborers for 10 years. The law excluded merchants, teachers, students, travelers, and diplomats. Building on the earlier Page Act of 1875, which banned Chinese women from migrating to the United States, the Chinese Exclusion Act was the only law ever implemented to prevent all members of a specific ethnic or national group from immigrating to the United States. Passage of the law was preceded by growing anti-Chinese sentiment and anti-Chinese violence, as well as various policies targeting Chinese migrants. The act followed the Angell Treaty of 1880, a set of revisions to the U.S.–China Burlingame Treaty of 1868 that allowed the U.S. to suspend Chinese immigration. The act was initially intended to last for 10 years, but was renewed and strengthened in 1892 with the Geary Act and made permanent in 1902. These laws attempted to ...
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China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and borders fourteen countries by land, the most of any country in the world, tied with Russia. Covering an area of approximately , it is the world's third largest country by total land area. The country consists of 22 provinces, five autonomous regions, four municipalities, and two Special Administrative Regions (Hong Kong and Macau). The national capital is Beijing, and the most populous city and financial center is Shanghai. Modern Chinese trace their origins to a cradle of civilization in the fertile basin of the Yellow River in the North China Plain. The semi-legendary Xia dynasty in the 21st century BCE and the well-attested Shang and Zhou dynasties developed a bureaucratic political system to serve hereditary monarchies, or dyna ...
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Page Act
The Page Act of 1875 (Sect. 141, 18 Stat. 477, 3 March 1875) was the first restrictive federal immigration law in the United States, which effectively prohibited the entry of Chinese women, marking the end of open borders. Seven years later, the 1882 Chinese Exclusion Act banned immigration by Chinese men as well. The law was named after its sponsor, Representative Horace F. Page, a Republican representing California who introduced it to "end the danger of cheap Chinese labor and immoral Chinese women". The law technically barred immigrants considered "undesirable," defining this as a person from East Asia who was coming to the United States to be a forced laborer, any East Asian woman who would engage in prostitution, and all people considered to be convicts in their own country. The Page Act was supposed to strengthen the ban against "coolie" laborers, by imposing a fine of up to $2,000 and maximum jail sentence of one year upon anyone who tried to bring a person from China, Jap ...
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California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ...
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Asia
Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an area of , about 30% of Earth's total land area and 8.7% of Earth's total surface area. The continent, which has long been home to the majority of the human population, was the site of many of the first civilizations. Its 4.7 billion people constitute roughly 60% of the world's population. In general terms, Asia is bounded on the east by the Pacific Ocean, on the south by the Indian Ocean, and on the north by the Arctic Ocean. The border of Asia with Europe is a historical and cultural construct, as there is no clear physical and geographical separation between them. It is somewhat arbitrary and has moved since its first conception in classical antiquity. The division of Eurasia into two continents reflects East–West cultural, linguistic, ...
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Jus Sanguinis
( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of their parents have citizenship of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with '' jus soli'' ('right of soil'), which is solely based on the place of birth. Today, almost all states apply some combination of ''jus soli'' and ''jus sanguinis'' in their nationality laws to varying degrees. Historically, the most common application of ''jus sanguinis'' is a right of a child to their father's nationality. Today, the vast majority of countries extend this right on an equal basis to the mother. Some apply this right irrespecti ...
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Jus Soli
''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contrast to '' jus sanguinis'', which derives from the Roman law that influenced the civil-law systems of mainland Europe. ''Jus soli'' is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful Latin American independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century. Outside the Americas, however, ''jus soli'' is rare. Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European count ...
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