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y Vol. 26/No.4 reader’s corner / by Dan H. Berger

A Nation by Design: Portrait of Immigration Policy in the Fashioning of America

eldom is there a book about U.S. immigration history that thoroughly covers congressional decisions from colonial times to the present push for immigration reforms, a book that explores the broad themes and intricate details Sof this country’s treatment of aliens and forms a wonderful backdrop for understanding this year’s roller-coaster ride— otherwise known as comprehensive immigration reform (CIR). One book dares to accomplish such a feat, and paints a colorful and very detailed portrait of the varying immigration legislation that came, went, and withstood the passage of time.

Congressional Case Study back to Africa. During the Civil War, the Professor Aristide Zolberg’s A Nation by federal government used the Union Army Design: Immigration Policy in the Fashion- as a place to send free blacks rather than ing of America (Harvard University Press; encourage them to settle in the North. $39.95, hardcover) is 450 pages of text Many U.S. history books teach that (with an additional 150 pages of footnotes) open space and religious freedom in co- that probably will become a class-adopted lonial times drew immigrants who were book for courses studying immigration easily received and integrated, but the re- issues. The book is geared toward a more ality was often harsher. While the Spanish academic audience, and is not easy to read were bringing slaves to plantations in the after a hard day in court. The sentences are Caribbean and South America, the United verbose with words containing multiple Kingdom used “transportation” as an alter- syllables. The sometimes-dense style makes native penalty to capital punishment. Zol- this book a bit of a challenge to read straight berg documents the English government’s through. However, the words are used pre- efforts to send Irish prisoners to the United cisely and not simply for effect. States, with the secondary goal of wiping Despite the highly literary writing style, out Catholicism in Ireland. this book is still worth reading. Each chap- Thus, even in the earliest days, migration ter paints a portrait of an era in immigration was managed by special interests (employ- history with carefully researched details. ers in the South, the British government, The most compelling parts were the early etc.). In one interesting twist, Puritans were 1800s—a time usually left out of broad sur- by limiting migration from Europe, while sent from England for the dual purpose of veys of immigration history—and in 1986, purposefully sending convicts, paupers, getting rid of troublemakers and creating a where the months of to-and-fro debate on and slaves to degrade American society. strong anti-Catholic base against the French immigration foreshadowed the current The King’s efforts led early settlers to sup- in the New World. complicated and fragile attempts at CIR. port generally loose immigration policies, with specific state-by-state restrictions on Colonial Immigrants Special Interest Connection certain “undesirables.” Migration slowed during the early 1700s Zolberg does a wonderful job of identify- Zolberg also firmly addresses slavery—a due to the high natural rate of reproduc- ing the special interests involved with each topic often left out of immigration history. tion in the colonies. The white population new immigration law. For example, before Slaves were not considered more than tem- of the future United States grew tenfold— 1776, immigration restrictions were driven porary labor and, therefore, did not benefit from 223,100 in 1700 to 2,205,000 in 1780. by conflict with England. He begins the sec- from efforts to enfranchise other groups Only about 300,000 of that growth came ond chapter by quoting Thomas Jefferson, of new immigrants. In fact, in the first half from migration from Europe. Immigrants who complained that King George was of the 1850s, even groups working to free from the British isle peaked at 378,000 from trying to starve the new colonies of labor slaves also collected money to send them 1630 to 1700. However, this number ➝

42 Immigration Law Today July/August 2007 Reader’s Corner A Nation by Design

Zolberg describes the 20th century as starting with an “open door,” then shifting dramatically to a “closed door” in the 1920s, finally transforming into a “main gate” in the 1960s.

dwindled to less than one-third by the start By 1800, the Federalist party had ad- Civil War, Abraham Lincoln’s Republicans of the 18th century due to death, lack of fe- opted Franklin’s anti-immigrant stance. called for a “system of encouragement of males, and reverse migration of indentured Thomas Jefferson—leading the opposition labor” from Europe. By the late 1800s, servants after completing their services. The Republicans—used this to his advantage. the labor shortage was so severe that in vast majority settled in the South, where States controlled by Republicans shortened California, seven out of eight agricultural plantations required cheap labor. There waiting times for citizenship and signed up workers were Chinese. This foreshadowed was a somewhat wealthier, more educated new voters from immigrant communities, the tremendous need for unskilled work- population in the North where most settlers particularly the Irish in New York. These ers from Latin America today. The Immi- worked on smaller family farms. voters led Jefferson and the Republicans to gration Service was able to regulate—to Thus, immigration was more driven victory. Unlike some later politicians, Jef- some extent—the flow of Chinese because by British “pushes” than “pulls” from the ferson lived up to his promises regarding they came by boat. There were set ports colonies during the 1700s. Indentured immigration. His first message to Congress of entry, and the Chinese Exclusion Act servants and convicts made up the ma- called for lowering the number of years for of 1882 effectively stopped immigration jority of settlers. Britain formally legal- citizenship on a national level from 14 to from China. Closing the door on Chi- ized the “transportation” of immigrants five (lower than anywhere in Europe at nese immigration in 1882 led, in part, to in 1718, and it became a very profitable the time). Jefferson wanted the country to the wave of illegal migrants from Latin business. To many British, sending inden- “live up to its vocation as an asylum for op- America throughout the 20th century. tured servants to the colonies seemed the pressed humanity.” This wave started as early as 1900, with a perfect solution to crime, as the rugged The end of the most brutal phase of few hundred Mexicans crossing the border wilderness of the new settlements might the French Revolution and the suppres- annually for work in the fields. help rehabilitate convicts. sion of Irish independence by the British reduced fears of violence and anarchy National Origin Restrictions Misguided Prejudice coming across the ocean with new im- What began with the blatantly racist Chi- The common misconception that “im- migrants. New Americans were expected nese Exclusion Act of 1882 resulted in the migrants are criminals and unable to rise to shed their native cultures and tongues. 1920 general national origin restrictions. above poverty” may come, in part, from John Quincy Adams expressed the follow- Zolberg’s general thesis is that immigra- early history. As early as 1751, Benjamin ing thoughts in 1817: tion policy was planned by special interests Franklin railed against transportation of [T]he Atlantic is always open to them, for their own purposes. Thus, by 1920, the convicts: to return to the land of their nativity business lobby no longer needed a continu- Thou art called our Mother Coun- and their fathers … They must cast off ous flow of migration from Europe to sup- try, but what good Mother ever sent their European skin, never to resume port industry in the United States since the thieves and villains to accompany her it … they must be sure that whatever great internal migration from the South and children; to corrupt some with their their own feelings may be, those of elsewhere began to supply needed workers. infectious vices and murder the rest? their children will cling to the preju- The process was sealed by the aftermath of The same indolence of temper and dices of this country. World War I, which shut many Americans habits of idleness that make people off from the outside world. poor and tempt them to steal in Eng- Demographic Transformation National origins quotas lasted three land, continue with them when they Cities were always a focus of immigration decades but began to crack during World are sent to America, and must have policy because of the high concentration of War II. Japanese propaganda portrayed the same effects. newcomers. By 1855, New York City housed the United States discriminating against The fear of new immigrants being dif- 51 percent foreign-born residents! As a re- the Chinese (a U.S. ally during the war) ferent from native-born Americans also sult, immigrants were usually blamed for through the Chinese Exclusion Act. As a dates back to colonial days. In 1753, Frank- urban problems. By the mid-19th century, result, Chinese-Americans won back the lin wrote that those who “come hither are Americans started to see in the cities what right to naturalize, and 100 Chinese a year generally of the most ignorant stupid sort the future would hold—continuing waves were allowed to immigrate. This was a very of their own nation.” He concluded that of radical demographic transformation if small amount, albeit symbolically impor- immigration was unnecessary since the la- immigration continued. tant, because it marked the decline of the bor shortage “will soon be filled by natural Benjamin Franklin’s “natural genera- policy of choosing immigrants based on Generation.” tion” forecast did not happen, and after the their country of birth.

44 Immigration Law Today July/August 2007 Immigration Law Today the 1960s. The main gate was more nuanced passed the 1965 act. At that time, Congress The ancestor of modern immigration law and more heavily regulated, with a “side wanted to follow in the spirit of the Civil was the Immigration and Nationality Act entrance” for family, and a “back door” for Rights Act by eliminating the discrimina- of 1952 (Pub. L. No. 82-414, 66 Stat. 163), illegal migration from Latin America. The tory parts of previous immigration laws. as national origin quotas gave way to re- resulting multi-faceted system surprised its gional quotas. The final stroke eliminating supporters as it led to a new colossal wave Elusive Quest for Coherence regional preferences was the Immigra- of immigrants from 1970 to the present. Anyone who is trying to predict the out- tion and Nationality Act Amendment of Immigrants from the developing world in- come of this year’s CIR debate should Oct. 3, 1965 (Pub. L. No. 29-236, 79 Stat. creased in that time period from 42 percent read Chapter 10—“The Elusive Quest for 911), which President Lyndon Johnson to 75 percent of the total number entering Coherence”—that chronicles the devel- proclaimed would lead to choosing new the United States, and rivaled the other great opment of the Immigration Reform and Americans based on who they are, not wave of immigration from 1890–1920. Control Act of 1986 (IRCA) (Pub. L. No. where they come from. This was the start 99–603, 100 Stat. 3359). Allegiances, opin- of the preference categories—with priority Mass Immigration Categories ion polls, and amendments changed almost given to those with job skills or relatives in The employment-based categories pro- daily—with the final bill emerging at the the United States. vided a foothold for new immigrants from 11th hour from a closed-door conference third world countries, and the family-based committee session. Whatever will happen Revolving Immigration Door categories led to large scale “chain migra- this year, it is inevitable that the exact word- Zolberg describes the 20th century as start- tion.” Zolberg clearly documents what most ing of any new law will be debated until the ing with an “open door,” then shifting dra- people today do not realize—that Congress last second, and that the final bill will reflect matically to a “closed door” in the 1920s, never anticipated mass immigration from a complicated mix of interests. finally transforming into a “main gate” in Latin America, Asia, and Africa when it While IRCA is an excellent case ➝ PLACEMENT SERVICES USA 12304 Santa Monica Blvd. #300 Los Angeles CA 90025 • Tel: 310-820-7469 • Fax: 310-820-7648 • E-mail: [email protected] We PlacementCan Assist you with your ServicesPERM Recruitment. USA We provide an Easy and Affordable solution to the additional requirements mandated under the PERM regulations. We are a fully qualified Placement/Employment Agency that will provide an employment short term recruitment job market test for your professionalpu clients. • We provide a test of the job market for any professional position in any field. • The employer or agent will pay a one time flat fee pageand we will recruit for the employer45 as part of our normal placement agency services. • The employer can select to have all collected resumes if any from a particular position posting forwarded directly to the employer or agent. • We will provide both a signed letter and hard copy print out from our job listings website to confirm the recruitment efforts for your files. • There is no obligation or additional fee involved if the employer does not hire a Placement Services USA Candidate. • We can have your recruitment needs fulfilled in an easy, expeditious and courteous manner. • The Position can be added to our recruitment campaign and website in a matter of hours. Please Contact us to get started today. E-mail: [email protected] or call 310-820-7469

July/August 2007 Immigration Law Today 45 Reader’s Corner A Nation by Design

study of congressional response to the same country illegally.” In his victory speech at Post-9/11 Effect problems that practitioners face today, the the Republican primary, Bush declared that Zolberg points out what many are coming landscape is different. For one, 75 percent “legal immigration is not a national weak- to realize—that a good part of the post-9/11 of people polled in 1986 said immigration ness; it is a sign of national success.” security was a quixotic effort to look for a should not be increased, while nearly half Furthermore, foreign-born voters cannot needle in the haystack. For example, this said it should be reduced. By 1995, 65 percent be discounted in the political arena. Even author’s firm has a Lebanese businessman favored cuts in legal immigration. Moreover, noncitizen aliens count in determining over- client who waited in line for 12 hours in a stable majority believed that immigrants all population for census and congressional Boston to comply with required special reg- generally tend to end up on welfare. Twenty redistricting purposes, and the numbers of istration in 2002. Such efforts drain tremen- years ago, the restrictionists had broad public foreign-born in the United States right now dous resources and, as a practical matter, support but little political infrastructure. are staggering. For example, immigrants ac- are extremely unlikely to catch terrorists. To This contrasts with today, where after counted heavily for California’s net popula- completely protect the United States, Zol- decades of experience with illegal immi- tion growth from 1990 to 2000. berg explains that border inspectors would grants, the majority of Americans believe Serious debate about the broken immi- have to make 1.3 billion correct decisions immigration reform is necessary, yet the gration system began in late 2001, includ- each year about entering people and cargo. anti-immigration lobby is extremely orga- ing a bipartisan proposal by Senator Peter Therefore, it is essential to balance this na- nized and powerful. Many Americans have Wilson (R-CA) for a guest worker program. tion’s open society with a realistic approach come to believe that, as President George Unfortunately, the much-needed debate to border security. W. Bush stated in the 2000 campaign, “[I]t stopped abruptly after the 9/11 tragedy and So how do Americans best protect is far more compassionate to turn away did not resume in earnest until last year. themselves while keeping legal immigra- people at the border than to attempt to find From that point, security concerns domi- tion working? Zolberg ends the book by and arrest them once they are living in our nated the discussion. suggesting two strategies:

46 Immigration Law Today July/August 2007