In the 1870s and 1880s various legal discriminatory measures were taken against the Chinese. These laws, in particular the
Chinese Exclusion Act of 1882, were aimed at restricting further immigration from China,
[10] although the laws were later repealed by the
Chinese Exclusion Repeal Act of 1943.
Another key piece of legislation was the Naturalization Act of 1870, which extended citizenship rights to African Americans but barred Chinese from naturalization on the grounds that they and other Asians could not be assimilated into American society. Unable to become citizens, Chinese immigrants were prohibited from voting and serving on juries, and dozens of states passed alien land laws that prohibited non-citizens from purchasing real estate, thus preventing them from establishing permanent homes and businesses. The idea of an "unassimilable" race became a common argument in the exclusionary movement against Chinese Americans.
In particular, even in his lone dissent against
Plessy v. Ferguson (1896), then-
Supreme Court Justice
John Marshall Harlan wrote of the Chinese as: "a race so different from our own that we do not permit those belonging to it to become citizens of the United States. Persons belonging to it are, with few exceptions, absolutely excluded from our country. I allude to the Chinese race."
[11]
In the USA xenophobic fears against the alleged "Yellow Peril" led to the implementation of the
Page Act of 1875, the 1882
Chinese Exclusion Act, expanded ten years later by the
Geary Act. The
Immigration Act of 1917 then created an "Asian Barred Zone" under
nativist influence.
The Chinese Exclusion Act was one of the most significant restrictions on free immigration in U.S. history. The Act excluded Chinese "skilled and unskilled laborers and Chinese employed in mining" from entering the country for ten years under penalty of imprisonment and deportation. Many Chinese were relentlessly beaten just because of their race.
[12][13] The few Chinese non-laborers who wished to immigrate had to obtain certification from the Chinese government that they were qualified to immigrate, which tended to be difficult to prove.
[13]
The 1921
Emergency Quota Act, and then the
Immigration Act of 1924, restricted immigration according to national origins. While the Emergency Quota Act used the
census of 1910, xenophobic fears in the
WASP community lead to the adoption of the 1890 census, more favorable to
White Anglo-Saxon Protestant (WASP) population, for the uses of the Immigration Act of 1924, which responded to rising immigration from Southern and Eastern Europe, as well as Asia.
One of the goal of this
National Origins Formula, established in 1929, was explicitly to keep the status quo distribution of
ethnicity, by allocating quotas in proportion to the actual population. The idea was that immigration would not be allowed to change the "national character". Total annual immigration was capped at 150,000. Asians were excluded but residents of nations in the Americas were not restricted, thus making official the racial discrimination in
immigration laws. This system was repealed with the
Immigration and Nationality Act of 1965.