Exclusion Acts

The Chinese Exclusion laws enacted from 1882 to their overall repeal in 1943, plus other relevant immigration legislation, created a body of federal records specific to documenting Chinese in America. Chinese exclusion case files can be found in NARA branches around the U.S., but most particularly in San Bruno, California, where records covering those entering at the port of San Francisco are held. Investigating local and state legislation for references to Chinese residents may yield record sources specific to Chinese in these jurisdictions. Below is an overview of significant legislation affecting Chinese in America from the late eighteenth to the mid twentieth centuries.
"Paper Sons": Chinese American illegal immigrants
Published on Nov 14, 2009

CNN anchor Richard Lui reports on "Paper Sons and Daughters," a group of Chinese immigrants that bought fake papers and claimed to be the children of legal U.S. citizens in order to skirt the Chinese Exclusion Act. His report looks into studies that show one third of today's current Chinese American population are descendants or are actual "paper sons or daughters" today.
1868   Burlingame-Seward Treaty
  • Recognized China’s right of eminent domain over its territory
  • China could appoint consuls to U.S. ports
  • U.S. citizens in China and Chinese subjects in the U.S. could worship whatever faith they chose
  • Certain privileges were granted to citizens of either country residing in the other, but not naturalization

1875   Page Act
  • Prohibited entry of "undesirable" persons, namely: persons considered convicts in their native countries, any Asian individual arriving as a contract laborer, and any Asian woman who would engage in prostitution
  • Imposed fine of up to $2,000 and jail time (1 yr. max.) for importing persons from any Asian country "without the free and voluntary consent, for the purpose of holding them to a term of service" [in an effort to strengthen ban on "coolie" laborers]

1882   Chinese Exclusion Act
  • Suspended immigration of Chinese laborers for 10 years and prohibited naturalization of Chinese
  • Allowed all Chinese within U.S. as of 17 Nov 1880 to stay, to travel abroad, and to return, but a Certificate for Reentry was required
  • Extended exempt status to teachers, students, merchants, and travelers who presented a certificate from Chinese government proving qualifications to enter the U.S.

1888   Scott Act
  • Prohibited all Chinese laborers (even those with certificates of residency) who were abroad at the passing of this act from returning to U.S.

1892   Geary Act
  • Extended immigration suspension of 1882 another 10 years (to 1902)

1902   McCreary Act (Extension of Geary Act)
  • Immigration suspension of 1882 extended indefinitely
  • Required all Chinese to register and carry a certificate (verified by witnesses) proving their right to be in the U.S.; failure to have proper documents resulted in imprisonment or deportation

1924   Johnson-Reed/National Origins/Asian Exclusion Act
  • Limited total immigration to 150,000 with proportions by country based on 1920 census numbers
  • Established preferences under quota system for relatives of U.S. residents: unmarried children under age 21, their parents, spouses aged 21+; immigrants aged 21+ skilled in agriculture, their wives, and dependent children under age 16
  • Established non-quota status for wives and unmarried children under age 18 of U.S. citizens; natives of Western Hemisphere countries, with their families; non-immigrants and certain others
  • Defined "non-immigrants" as temporary visitors
  • Created consular control system whereby valid immigration visa issued by American consular officer had to be presented prior to U.S. entry
  • Imposed fines for transportation companies landing aliens in violation of established immigration laws
  • Prohibited aliens ineligible to naturalize (Chinese and Japanese) to enter the U.S. as an immigrant

1943   Magnuson/Chinese Exclusion Repeal Act
  • Repealed all Chinese Exclusion Acts
  • Limited entry visas for Chinese to 105 (annual)
  • Allowed Chinese to naturalize

1945   War Brides Act
  • Allowed for immigration entry of alien wives of U.S. servicemen, however still limited by the Chinese quota

1946   Public Law 713
  • Allowed entry of Chinese wives of American citizens on a non-quota basis

1947   G.I. Fiancées Act
  • Allowed entry of betrothed of ex-servicemen

1952   McCarran-Walter/Immigration and Nationality Act
  • Abolished racial restrictions of earlier immigration statutes, but retained quota system by nationality and region
  • Defined 3 types of immigrants: immigrants with special skills or relatives of U.S. citizens exempt from quotas and who were admitted without restrictions; average immigrants whose numbers were not supposed to exceed 270,000 per year; refugees
  • Allowed government to deport immigrants or naturalized citizens engaged in subversive activities and to bar suspected subversives from entering the country
  • Defined U.S. nationality to include Guam (Puerto Rico and Virgin Islands already included) and granted citizenship upon birth in these territories on or after 24 Dec. 1952
  • Lifted non-quota status of foreign-born minor children of U.S. citizens

1959   Chinese Confession Program
  • Chinese who committed fraud to enter the U.S. on or before 11 Sept. 1957 could confess and adjust their status:
  • Those entering before 1 July 1924 received immediate naturalization
  • Those entering before 28 June 1940 obtained permanent residency and could apply for naturalization after 5 years
  • Those entering between WWII and 28 Oct. 1948 obtained residency if they'd lived in the U.S. for 10 years continuously

1965   Hart-Cellar/Immigration and Nationality Act
  • Abolished 1924 National Origins act formula
  • Established preference system focused on immigrants' skills and family relationships with citizens or U.S. residents
  • Set annual number of issued visas at 170,000 with a per-country-of-origin quota NOT to include: immediate relatives of U.S. citizens; "special immigrants," i.e. those born in "independent" nations in Western Hemisphere, former citizens, ministers, or employees of U.S. gov't abroad

1966   Confession Program Ends
  • Hart-Cellar Act revised quotas and preference parameters, thus obviating special treatment offered by the confession program
  • Results of program: 13,895 confessions exposed 22,083 persons, which closed 11,294 immigration slots