The Chinese Exclusion Act: Why It Matters Today
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Race, Religion and Nationality in Immigration Selection: 120 Years After the Chinese Exclusion Case Liav Orgad
University of Minnesota Law School Scholarship Repository Constitutional Commentary 2010 Race, Religion and Nationality in Immigration Selection: 120 Years After the Chinese Exclusion Case Liav Orgad Theodore Ruthizer Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Orgad, Liav and Ruthizer, Theodore, "Race, Religion and Nationality in Immigration Selection: 120 Years After the Chinese Exclusion Case" (2010). Constitutional Commentary. 635. https://scholarship.law.umn.edu/concomm/635 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Article RACE, RELIGION AND NATIONALITY IN IMMIGRATION SELECTION: 120 YEARS AFTER THE CHINESE EXCLUSION CASE Liav Orgad* Theodore Ruthizer** INTRODUCTION 120 years ago, in May 1889, the U.S. Supreme Court ruled that "the power of exclusion of foreigners being an incident of sovereignty ... cannot be granted away or restrained. "1 Sixty years later, in January 1950, at the height of the Cold War, the U.S. Supreme Court reaffirmed the plenary power doctrine by holding that "it is not within the province of any court, unless expressly authorized by law, to review the determination of the political branch of the Government to exclude a given alien."2 Another sixty years have passed and more recently, in February 2009, the U.S. Court of Appeals for the D.C. Circuit held that "a nation-state has the inherent right to exclude or admit foreigners * Radzyner School of Law. -
Excluded! Chinese Immigration to the United States Inquiry and Investigation NAGC Curriculum Award-Winner
PROBLEM-BASED LEARNING Engagement IN THE SOCIAL SCIENCES Excluded! Chinese Immigration to the United States Inquiry and Investigation NAGC Curriculum Award-Winner Definition Teacher Manual Shelagh A. Gallagher Dana L. Plowden Resolution Debriefing Royal Fireworks Press Unionville, New York Problem Narrative: The Storyline of Excluded! Ideally, the direction of a Problem-Based Learning unit is decided through the questions students ask. To some extent, this is made manageable by the structure of the opening scenario presented during Problem Engagement. The opening scenario is carefully designed to point students in the direction of some predictable questions. For example, it would be hard to avoid asking questions about why so many Chinese immigrated to America in the late 1800s or why American citizens grew so prejudicial against them. The narrative below and the lesson plans in this unit respond to these more predictable questions and address other desirable learning outcomes. They also provide a helpful guide for teachers new to PBL. Experienced PBL teachers are encouraged to use this unit as a framework, selecting lessons that fit the students’ questions (and, as above, many should fit) and adding other lessons to address other questions. It would be easy, for instance, to integrate discussion of how countries should approach establishing immigration laws and requirements for citizenship, or to increase emphasis on racism or poor working conditions. Problem Engagement During Problem Engagement, students are introduced to the situation they will be exploring during the unit. As the problem opens, students take on the role of Congressmen and -women from California in 1892. A memo crosses their desk, asking for their final comment on a bill that is about to be submitted for debate. -
Chinese Exclusion Act Activity
Chinese Exclusion Act Activity Inquiry Question What factors led to the passage of the Chinese Exclusion Act of 1882? Read the Chinese Exclusion Act and examine the sources that illustrate views of Chinese immigrants during the late 19th century in the United States. Interpret what you see to explain how these views led to the passage of the 1882 act. Clarifying Questions When did Chinese immigrants come to the United States and where did they reside upon arrival? What was the Chinese Exclusion Act? Why did it target Chinese immigration specifically? What role did Chinese immigrants play in the late19thcentury economy in the U.S.? Vocabulary Chinese Exclusion Act: a law passed in 1882 that prohibited Chinese laborers from entering the U.S. and was the first legislation barring a specific ethnic group from coming to the U.S. as laborers. The act was finally repealed in 1943. organized labor: referred to the union organization that began to emerge in the U.S. in the 1870s and often developed to organize a specific type of skilled labor. transcontinental railroad: the first railway to link the east and west coast of the United States and was completed in 1869. Workingmen's Party of California: a political labor organization established in 1877 with a staunch antiChinese platform. Background Information In 1848, the discovery of gold in California drew thousands of hopeful prospectors to San Francisco and surrounding areas. Among the fortune hunters who migrated to California were a large number of Chinese immigrants, who also took jobs in the service industry— as cooks or launderers, for example—in the hopes of amassing some wealth to take back to China. -
"The Chinese Exclusion Act" with Erika Lee
"The Chinese Exclusion Act" with Erika Lee [00:00:05] Welcome to The Seattle Public Library’s podcasts of author readings and library events. Library podcasts are brought to you by The Seattle Public Library and Foundation. To learn more about our programs and podcasts, visit our web site at w w w dot SPL dot org. To learn how you can help the library foundation support The Seattle Public Library go to foundation dot SPL dot org [00:00:35] I want to welcome everybody to The Seattle Public Library for tonight's program. The Chinese Exclusion Act with Erika Lee My name is Orlando Lugo and I am a community engagement associate right here at the Seattle Central Library. I want to begin by acknowledging that we are on too much land on this Indigenous Peoples Day. That's very important especially today. We all know our country has a complicated history that dates back to the landing at Plymouth. So let's just sit with that. [00:01:11] I'm going to cede the podium to Susan chanson who's going to do some brief remarks. [00:01:17] Thank you Orlando Good evening everyone. My name is Susan chanson and on behalf of the Center for Asian American media I am serving as their outreach manager for specifically the Chinese Exclusion Act film the clips that you'll be seeing this evening are an excerpt from a larger documentary that will actually be coming to PBS next year through American Experience here on KCET yes. -
Congressional Record—Senate S3451
May 26, 2011 CONGRESSIONAL RECORD — SENATE S3451 SUBMITTED RESOLUTIONS Mink, the first Asian-American Congress- (2) encourages the celebration during woman, and Norman Y. Mineta, the first Asian/Pacific American Heritage Month of Asian-American member of a presidential the significant contributions Asian-Ameri- SENATE RESOLUTION 200—RECOG- cabinet, have made significant strides in the cans and Pacific Islanders have made to the NIZING THE SIGNIFICANCE OF political and military realms; United States; and THE DESIGNATION OF THE Whereas the Presidential Cabinet of the (3) recognizes that the Asian-American and Obama Administration includes a record 3 Pacific Islander community strengthens and MONTH OF MAY AS ASIAN/PA- Asian-Americans, including Secretary of En- enhances the rich diversity of the United CIFIC AMERICAN HERITAGE ergy Steven Chu, Secretary of Commerce States. MONTH Gary Locke, and Secretary of Veterans Af- f Mr. AKAKA (for himself, Mr. INOUYE, fairs Eric Shinseki; Whereas in 2011, the Congressional Asian SENATE RESOLUTION 201—EX- Mrs. MURRAY, Mrs. FEINSTEIN, and Mr. Pacific American Caucus, a bicameral cau- PRESSING THE REGRET OF THE REID of Nevada) submitted the fol- cus of Members of Congress advocating on SENATE FOR THE PASSAGE OF lowing resolution; which was referred behalf of Asian-Americans and Pacific Is- DISCRIMINATORY LAWS to the Committee on the Judiciary: landers, includes 30 Members of Congress; AGAINST THE CHINESE IN AMER- S. RES. 200 Whereas Asian-Americans and Pacific Is- ICA, INCLUDING THE CHINESE Whereas each May, the people of the landers have made history by assuming of- EXCLUSION ACT fice in a number of new and historically sig- United States join together to pay tribute to Mr. -
The End of Chinese Exclusion Part 1 - Background 1924-1943 by Philip Chin
The End of Chinese Exclusion Part 1 - Background 1924-1943 By Philip Chin Before World War I immigration had reached a high of over a million a year before temporary wartime immigration restrictions had been added by the Immigration Act of 1917. The excuse for these laws was that revolutionaries in Russia had overthrown the Russian imperial government who were then in turn overthrown by the communists. The resulting hysteria of the "Red Scare" led to unjustified fears across the United States that communists would also try to overthrow the American government. Opponents of immigration used the opportunity to attack a whole range of targets with legislation. The Immigration Act of 1917 among other things barred homosexuals, idiots, feeble- minded persons, criminals, epileptics, insane persons, alcoholics, professional beggars, all persons mentally or physically defective, polygamists, and anarchists from coming to the United States. The law also added a literacy test for all prospective immigrants over the age of 16. The law also made it far easier to deport foreign born radicals and suspected communists. Most importantly to most Asians it created a so-called "Asiatic Barred Zone" whose inhabitants were completely banned from immigrating to the United States. Chinese had already been covered by the Chinese Exclusion Act of 1882 and subsequent restrictive laws and Japanese by the "Gentleman's Agreement of 1907" whereby Japan voluntarily restricted Japanese immigration. America's doors were now almost completely closed towards Asian immigration. Page 1 of 5 The 1924 National Origins Act (aka Immigration Act of 1924) had three goals: Immigration from Eastern and Southern Europe would be even more severely restricted. -
Chinese Exclusion and Tong Wars in Portland, Oregon
Utah State University DigitalCommons@USU All Graduate Theses and Dissertations Graduate Studies 12-2019 More Than Hatchetmen: Chinese Exclusion and Tong Wars in Portland, Oregon Brenda M. Horrocks Utah State University Follow this and additional works at: https://digitalcommons.usu.edu/etd Part of the History Commons Recommended Citation Horrocks, Brenda M., "More Than Hatchetmen: Chinese Exclusion and Tong Wars in Portland, Oregon" (2019). All Graduate Theses and Dissertations. 7671. https://digitalcommons.usu.edu/etd/7671 This Thesis is brought to you for free and open access by the Graduate Studies at DigitalCommons@USU. It has been accepted for inclusion in All Graduate Theses and Dissertations by an authorized administrator of DigitalCommons@USU. For more information, please contact [email protected]. MORE THAN HATCHETMEN: CHINESE EXCLUSION AND TONG WARS IN PORTLAND, OREGON by Brenda M. Horrocks A thesis submitted in partial fulfillment of the requirements for the degree of MASTER OF ARTS in History Approved: ______________________ ____________________ Colleen O’Neill, Ph.D. Angela Diaz, Ph.D. Major Professor Committee Member ______________________ ____________________ Li Guo, Ph.D. Richard S. Inouye, Ph.D. Committee Member Vice Provost for Graduate Studies UTAH STATE UNIVERSITY Logan, Utah 2019 ii Copyright © Brenda Horrocks All Rights Reserved iii ABSTRACT More Than Hatchetmen: Chinese Exclusion and Tong Wars in Portland, Oregon by Brenda M. Horrocks, Master of Arts Utah State University, 2019 Major Professor: Dr. Colleen O’Neill Department: History During the middle to late nineteenth century, Chinese immigration hit record levels in the United States. This led to the growth of Chinatowns across the West Coast. -
Immigration Law and the Myth of Comprehensive Registration
Immigration Law and the Myth of Comprehensive Registration Nancy Morawetz†* and Natasha Fernández-Silber** This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth — proponents of which include members of the Supreme Court, federal and state officials, and commentators on both sides of the immigration federalism debate — there exists a comprehensive federal alien registration system; this scheme obligates all non-citizens in the United States to register and carry registration cards at all times, or else face criminal sanction. In truth, no such system exists today, nor has one ever existed in American history. Yet, federal agencies like U.S. Border Patrol refer to such a system to justify arrests and increase enforcement statistics; the Department of Justice points to the same mythic system to argue statutory preemption of state immigration laws (rather than confront the discriminatory purpose and effect of those laws); and, states trot it out in an attempt to turn civil immigration offenses into criminal infractions. Although this legal fiction is convenient for a variety of disparate political institutions, it is far from convenient for those who face wrongful arrest and detention based on nothing more than failure to carry proof of status. Individuals in states with aggressive “show me your papers” immigration laws or under the presence of U.S. Border Patrol are particularly at risk. In an effort to dispel this dangerous misconception, this Article reviews the history of America’s experimentation with registration laws and the † Copyright © 2014 Nancy Morawetz and Natasha Fernández-Silber. -
The Global Irish and Chinese: Migration, Exclusion, and Foreign Relations Among Empires, 1784-1904
THE GLOBAL IRISH AND CHINESE: MIGRATION, EXCLUSION, AND FOREIGN RELATIONS AMONG EMPIRES, 1784-1904 A Dissertation submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in History By Barry Patrick McCarron, M.A. Washington, DC April 6, 2016 Copyright 2016 by Barry Patrick McCarron All Rights Reserved ii THE GLOBAL IRISH AND CHINESE: MIGRATION, EXCLUSION, AND FOREIGN RELATIONS AMONG EMPIRES, 1784-1904 Barry Patrick McCarron, M.A. Thesis Advisor: Carol A. Benedict, Ph.D. ABSTRACT This dissertation is the first study to examine the Irish and Chinese interethnic and interracial dynamic in the United States and the British Empire in Australia and Canada during the nineteenth and early twentieth centuries. Utilizing comparative and transnational perspectives and drawing on multinational and multilingual archival research including Chinese language sources, “The Global Irish and Chinese” argues that Irish immigrants were at the forefront of anti-Chinese movements in Australia, Canada, and the United States during the second half of the nineteenth century. Their rhetoric and actions gave rise to Chinese immigration restriction legislation and caused major friction in the Qing Empire’s foreign relations with the United States and the British Empire. Moreover, Irish immigrants east and west of the Rocky Mountains and on both sides of the Canada-United States border were central to the formation of a transnational white working-class alliance aimed at restricting the flow of Chinese labor into North America. Looking at the intersections of race, class, ethnicity, and gender, this project reveals a complicated history of relations between the Irish and Chinese in Australia, Canada, and the United States, which began in earnest with the mid-nineteenth century gold rushes in California, New South Wales, Victoria, and British Columbia. -
Immigration Law" Mathew J
Florida Law Review Volume 68 | Issue 1 Article 4 October 2016 Disaggregating "Immigration Law" Mathew J. Lindsay Follow this and additional works at: http://scholarship.law.ufl.edu/flr Part of the Immigration Law Commons Recommended Citation Mathew J. Lindsay, Disaggregating "Immigration Law", 68 Fla. L. Rev. 179 (2016). Available at: http://scholarship.law.ufl.edu/flr/vol68/iss1/4 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. Lindsay: Disaggregating "Immigration Law" DISAGGREGATING “IMMIGRATION LAW” Matthew J. Lindsay* Abstract Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform—the notion that laws governing the rights of noncitizens to enter and remain within the United States comprise a distinct body of “immigration laws” presumed to be part and parcel of foreign affairs and national security. This Article argues that the U.S. Supreme Court’s recent immigration jurisprudence suggests a willingness to temper, and perhaps even retire, that presumption. In particular, the majority opinions in Zadvydas v. Davis and Padilla v. Kentucky evidence a growing skepticism among the Justices that the regulation of noncitizens comprises a discrete, constitutionally privileged domain of distinctly “political” subject matter that is properly buffered against judicial scrutiny. -
ASIAN-AMERICAN TIMELINE (Prepared by Dr
1 ASIAN-AMERICAN TIMELINE (prepared by Dr. Bonnie Khaw-Posthuma) 1521 Portuguese explorer Ferdinand Magellan claims the Phillipines in the name of the Spanish crown; colonial rule begins in 1565; first Filipinos reportedly arrive in California in 1587. 1790 Congress passes the Naturalization Act – granting U.S. citizenship to all “free white” persons. 1834 Afong Moy, the first Chinese woman known to have visited the U.S. is exhibited in a theater in New York. 1839-1842 China signs the Treaty of Nanjing –opening Chinese ports to trade by Western and later Japanese powers. 1843 Japanese citizen Nakahama Manjiro becomes the 1st Japanese individual to land in the U.S. 1848 First Chinese (two men, one woman) immigrate to the U.S. and land in San Francisco; discovery of gold leads to Chinese immigration to America (also known as “Gold Mountain”). 1852 Lured by the gold rush, more than 20,000 Chinese arrive in California (it was a myth that all Chinese wished to get rich quickly and return—only 50% did). 1853 Several hundred years of isolation end as Commodore Matthew Perry of the U.S. forces Japan to open its door to foreign commerce. 1854 People vs. Hall, a California case, rules that Chinese cannot testify for or against white persons in court. 1860 A Californian law bars Chinese-Americans, Indians, and African- Americans from public schools. 1865 Plans for the first transcontinental railroad in the U.S. are developed, and the Central Pacific Railroad begins hiring Chinese laborers. 1870 Congress grants naturalization rights to free whites and people of African descent, omitting mention of Asian (or as they call it “Oriental”) races. -
An Examination of the Chinese Immigrant Social Movements During
Louisiana State University LSU Digital Commons LSU Master's Theses Graduate School 2007 An examination of the Chinese immigrant social movements during the Chinese Exclusion Era Alexander Lu Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_theses Part of the Sociology Commons Recommended Citation Lu, Alexander, "An examination of the Chinese immigrant social movements during the Chinese Exclusion Era" (2007). LSU Master's Theses. 58. https://digitalcommons.lsu.edu/gradschool_theses/58 This Thesis is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Master's Theses by an authorized graduate school editor of LSU Digital Commons. For more information, please contact [email protected]. AN EXAMINATION OF THE CHINESE IMMIGRANT SOCIAL MOVEMENTS DURING THE CHINESE EXCLUSION ERA A Thesis Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Master of Arts in The Department of Sociology by Alexander Lu B.A. Centenary College of Louisiana, 2004 May 2007 TABLE OF CONTENTS List of Figures ................................................................................................................iii Abstract..........................................................................................................................iv Introduction.....................................................................................................................1