Ash Ilkhani - Immigration Law Outline

Ash Ilkhani- - Immigration Law Outline by Ash Ilkhani Professor Villiers Fall 2003 1 Foundations of the Immigration Power Overview and History of

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Immigration Law Outline by Ash Ilkhani Professor Villiers Fall 2003 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Foundations of the Immigration Power Overview and History of US Immigration Law and Policy Brief History Of Immigration to the US After the American Revolution it took nearly 100 years for Congress to pass any extensive immigration laws: - First, it was unclear whether the federal government was even intended by the Constitution to have power to regulate immigration o The US Constitution included no language that expressly granted Congress authority to control immigration. - Second, the US government officially favored immigration during this period o People were needed to build the US o Many US citizens thought their new nation as an experiment in freedom - to be shared by all Thus, apart from piecemeal legislation, the first one hundred years of the nation’s existence could be characterized as a period of unrestricted immigration. Restriction Begins -- Excluding the Unwanted After Civil War, federal law began to reflect the growing desire to restrict immigration of certain groups - The first federal statutes limiting immigration, enacted in 1875 and 1882, prohibited the entry of criminals, prostitutes, idiots, lunatics, and persons likely to become a public charge . o These statutes were a “quality control” measures. o The 1882 Act also for the first time imposed a head tax on every arriving immigrant. This served the underlying function of deterring the immigration of people unable to pay. - Chinese Exclusion Laws o In 1882, 1884, 1888, and 1892, Congress enacted the so-called “Chinese exclusion laws,” and these became the first federal immigration statutes to be subjected to judicial scrutiny o These laws were aimed at stemming the tide of Chinese immigration and were the product of economic and political concerns as well as racism and nativism. - An 1891 Act added the “diseased,” “paupers,” and “polygamists” to list of excludable persons. o It also established the Bureau of Immigration, the forerunner of the INS. At the turn of the century, there was a sharp increase in immigration, and Congress tried to stem the flow by excluding more classes of immigrants: - In 1903, a new law excluded epileptics, the “insane,” “beggars,” and “anarchists.” - In 1907, the feebleminded, the tubercular, and those persons with a mental or physical defect that “may affect” their ability to earn a living were added to the list. - Japanese immigration was restricted by a 1907 agreement negotiated between Japan and the US. In 1917, over Pres. Wilson’s veto, Congress enacted legislation that made literacy a requirement for entry . - One important purpose of the act was to limit immigration from southern and eastern Europe, which was accomplished by barring people unable to read. -
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 02/18/2008 for the course LAW 1030 taught by Professor Todres during the Fall '02 term at St. Johns Duplicate.

Page1 / 53

Ash Ilkhani- - Immigration Law Outline by Ash Ilkhani Professor Villiers Fall 2003 1 Foundations of the Immigration Power Overview and History of

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online