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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. -
Race, Migration, and Chinese and Irish Domestic Servants in the United States, 1850-1920
An Intimate World: Race, Migration, and Chinese and Irish Domestic Servants in the United States, 1850-1920 A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA BY Andrew Theodore Urban IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Advised by Donna Gabaccia and Erika Lee June 2009 © Andrew Urban, 2009 Acknowledgements While I rarely discussed the specifics of my dissertation with my fellow graduate students and friends at the University of Minnesota – I talked about basically everything else with them. No question or topic was too large or small for conversations that often carried on into the wee hours of the morning. Caley Horan, Eric Richtmyer, Tim Smit, and Aaron Windel will undoubtedly be lifelong friends, mahjong and euchre partners, fantasy football opponents, kindred spirits at the CC Club and Mortimer’s, and so on. I am especially grateful for the hospitality that Eric and Tim (and Tank the cat) offered during the fall of 2008, as I moved back and forth between Syracuse and Minneapolis. Aaron and I had the fortune of living in New York City at the same time in our graduate careers, and I have fond memories of our walks around Stuyvesant Park in the East Village and Prospect Park in Brooklyn, and our time spent with the folks of Tuesday night. Although we did not solve all of the world’s problems, we certainly tried. Living in Brooklyn, I also had the opportunity to participate in the short-lived yet productive “Brooklyn Scholars of Domestic Service” (AKA the BSDS crew) reading group with Vanessa May and Lara Vapnek. -
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. -
Chinese American Transnationalism
P1: IML/FFX P2: IML/FFX QC: IML/FFX T1: IML GRBT072-Chan September 14, 2005 20:25 Preface and Acknowledgments This book is the third volume in a loosely connected trilogy on the Chinese exclusion era. The first volume, Entry Denied,1 published in 1991, contains eight essays, four of which analyze how the exclu- sion laws and the changing ways in which they were enforced affected Chinese communities in the United States. The other four essays docu- ment how members of those communities dealt with the constraints on their lives by relying on a complex institutional structure that enabled them to combat the laws while connecting them to larger developments in both China and the United States. In contrast to the focus on institu- tions in the first volume, the seven chapters in Claiming America,2 the sec- ond volume published in 1998, explore the multidimensional conscious- ness of individuals. They examine how some first- and second-generation Chinese Americans claimed America as their own by forcefully asserting that they, too, believed in democracy and equality. They declared that Chinese were not simply earning a living in the United States as “sojourn- ers,” but were also self-consciously embracing the American creed despite the fact that their presence was not welcomed on American soil. In the present volume, Chinese American Transnationalism, the eight contribu- tors dissect the many ways in which Chinese living in the United States maintained ties to China through a constant transpacific flow of people, economic resources, and political and cultural ideas, the exclusion laws notwithstanding. -
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. -
History&Perspectives
2012 CHINESE AMERICA History&Perspectives THE JOURNAL OF THE CHINESE HISTORICAL SOCIETY OF AMERICA CHINESE AMERICA HISTORY & PERSPECTIVES The Journal of the Chinese Historical Society of America 2012 CHINESE HISTORICAL SOCIETY OF AMERICA Chinese America: History & Perspectives — The Journal of the Chinese Historical Society of America Chinese Historical Society of America Museum & Learning Center 965 Clay Street San Francisco, California 94108 chsa.org Copyright © 2012 Chinese Historical Society of America. All rights reserved. Copyright of individual articles remains with the author(s). ISBN-13: 978-1-885864-47-5 ISBN-10: 1-885864-47-7 Design by Side By Side Studios, San Francisco. Permission is granted for reproducing up to fifty copies of any one article for Educa- tional Use as defined by the Digital Millennium Copyright Act. To order additional copies or inquire about large-order discounts, see order form at back or email [email protected]. Articles appearing in this journal are indexed in Historical Abstracts and America: History and Life. About the cover image: Lum Ngow with his parents in China, 1925. Photo courtesy of Lee Show Nam. 10 9 8 7 6 5 4 3 2 1 Contents THINGS MATTER Chinese American Culture Work and the Gods of Marysville 1 Jonathan H. X. Lee and Vivian-Lee Nyitray LIFE IN A CHINATOWN COLD WATER TENEMENT BUILDING 7 Lyle Jan HISTORY OF TRADITIONAL CHINESE MEDICINE IN CALIFORNIA A Perspective through the Stories of Four Acupuncturists 11 Emily S. Wu “We WERE REAL, SO THERE waS NO NEED TO BE AFRAID” Lum Ngow’s Long Detention on Angel Island 19 Judy Yung THE TWENTY-FIRST-CENTURY CHINESE AMERICA Growth and Diversity 27 Wei Li and Wan Yu About the Contributors 33 About the Editorial Committee 35 Guidelines for Manuscript Submission 37 Chinese Historical Society of America Membership Form 39 iii Things Matter Chinese American Culture Work and the Gods of Marysville Jonathan H. -
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.