Chinese Exclusion Act - Repeal and Current Status

Repeal and Current Status

The Chinese Exclusion Act was repealed by the 1943 Magnuson Act, which permitted Chinese nationals already residing in the country to become naturalized citizens and stop hiding from the threat of deportation. It also allowed a national quota of 105 Chinese immigrants per year. Large scale Chinese immigration did not occur until the passage of the Immigration and Nationality Act of 1965. Despite the fact that the exclusion act was repealed in 1943, the law in California that Chinese people were not allowed to marry whites was not repealed until 1948. Other states had such laws until 1967, when the United States Supreme Court unanimously ruled in Loving v. Virginia that anti-miscegenation laws are unconstitutional.

Even today, although all its constituent sections have long been repealed, Chapter 7 of Title 8 of the United States Code is headed "Exclusion of Chinese." It is the only chapter of the 15 chapters in Title 8 (Aliens and Nationality) that is completely focused on a specific nationality or ethnic group.

On June 18, 2012, the United States House of Representatives passed a resolution introduced by Congresswoman Judy Chu, that formally expresses the regret of the House of Representatives for the Chinese Exclusion Act, which imposed almost total restrictions on Chinese immigration and naturalization and denied Chinese-Americans basic freedoms because of their ethnicity. This was only the fourth time that the U.S. Congress issued an apology to a group of people. In the spring of 1882, the Chinese Exclusion Act was passed by Congress and signed by President Chester A. Arthur. This act provided an absolute 10-year moratorium on Chinese labor immigration. For the first time, Federal law proscribed entry of an ethnic working group on the premise that it endangered the good order of certain localities.

The Chinese Exclusion Act required the few nonlaborers who sought entry to obtain certification from the Chinese government that they were qualified to immigrate. But this group found it increasingly difficult to prove that they were not laborers because the 1882 act defined excludables as “skilled and unskilled laborers and Chinese employed in mining.” Thus very few Chinese could enter the country under the 1882 law.

The 1882 exclusion act also placed new requirements on Chinese who had already entered the country. If they left the United States, they had to obtain certifications to re-enter. Congress, moreover, refused State and Federal courts the right to grant citizenship to Chinese resident aliens, although these courts could still deport them.

When the exclusion act expired in 1892, Congress extended it for 10 years in the form of the Geary Act. This extension, made permanent in 1902, added restrictions by requiring each Chinese resident to register and obtain a certificate of residence. Without a certificate, she or he faced deportation.

The Geary Act regulated Chinese immigration until the 1920s. With increased postwar immigration, Congress adopted new means for regulation: quotas and requirements pertaining to national origin. By this time, anti-Chinese agitation had quieted. In 1943 Congress repealed all the exclusion acts, leaving a yearly limit of 105 Chinese and gave foreign-born Chinese the right to seek naturalization. The so-called national origin system, with various modifications, lasted until Congress passed the Immigration Act of 1965. Effective July 1, 1968, a limit of 170,000 immigrants from outside the Western Hemisphere could enter the United States, with a maximum of 20,000 from any one country. Skill and the need for political asylum determined admission. The Immigration Act of 1990 provided the most comprehensive change in legal immigration since 1965. The act established a “flexible” worldwide cap on family-based, employment-based, and diversity immigrant visas. The act further provides that visas for any single foreign state in these categories may not exceed 7 percent of the total available.