US Congress passes the Chinese Exclusion Act (1882)

chinese-exclusion-act

06 May 2018 | Various Sources | Hawkins Bay Dispatch – This Day

The Chinese Exclusion Act was a United States federal law signed by President Chester A. Arthur on May 6, 1882, prohibiting all immigration of Chinese laborers.

The act followed the Angell Treaty of 1880, a set of revisions to the U.S.–China Burlingame Treaty of 1868 that allowed the U.S. to suspend Chinese immigration.

The act was initially intended to last for 10 years, but was renewed in 1892 with the Geary Act and made permanent in 1902.

The Chinese Exclusion Act was the first law implemented to prevent a specific ethnic group from immigrating to the United States.

It was repealed by the Magnuson Act on December 17, 1943. [Wikipedia]

Coolieusa
Political cartoon: Uncle Sam kicks out the Chinaman, referring to the Chinese Exclusion Act. Image published in 19th century.

The Chinese Immigration Act, 1923, known today as the Chinese Exclusion Act,[1] was an act passed by the Parliament of Canada, banning most forms of Chinese immigration to Canada.

Immigration from most countries was controlled or restricted in some way, but only the Chinese were so completely prohibited from immigrating.

Before 1923, Chinese immigration was heavily controlled by the Chinese Immigration Act of 1885, which imposed a hefty head tax on all immigrants from China.

After various members of the federal and some provincial governments (especially British Columbia) put pressure on the federal government to discourage Chinese immigration, the Chinese Immigration Act was passed. It went into effect on July 1, 1923. [Wikipedia]


certificate
The Geary Act of 1892 required that all Chinese laborers secure and carry certificates of residence to prove their lawful residency in the United States
Credit: Courtesy of the California Historical Society, MS 3642.002

 

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A Statue for Our Harbor was published in 1881. It expressed the fear of Chinese immigrants, which led to the passage of the Chinese Exclusion Act 135 years ago.

George Frederick Keller/Historical Society of Pennsylvania

As Chinese Exclusion Act Turns 135, Experts Point To Parallels Today

05 May 2017  | Kat Chow | NRP

A Chinese man stands on a pedestal surrounded by a harbor as a cartoon imitation of the Statue of Liberty. His clothes are tattered, his hair is in a long, thin tail, his eyes squint. The words “diseases,” “filth,” “immorality,” and “ruin to white labor” float around his head.

This man is the center of an iconic image from 1881 called “A Statue for Our Harbor,” made by the cartoonist George Frederick Keller. The image reflects the widespread anti-Chinese and anti-immigrant sentiment of the time, and was used to drum up support for the passage of the Chinese Exclusion Act, which turns 135 on Saturday. The law limited Chinese immigration and barred them from becoming naturalized U.S. citizens.

Experts point to the parallels between the political climate of the exclusion era and today: a close and contentious presidential election that stirred anti-immigrant sentiment; the growing economic anxiety of white Americans; and policies that would drastically shape the country’s immigration laws.

On Saturday, a group of Asian American activists are organizing a rally in San Francisco to acknowledge the anniversary of the Chinese Exclusion Act and to “learn from our past and prevent it from repeating,” according to Cynthia Choi, who works with Chinese For Affirmative Action, one of the groups organizing the event.

“This is important for the Chinese American and broader Asian American community, to stand up against the new targets to this new form of exclusion, for us to say it was wrong 135 years ago and it’s wrong today,” Choi said. “We’re in a unique period where… accurate information is not as easily attained, so there are a number of people who are on the fence, who are confused about the policies, who — more dangerously — feel as though this doesn’t affect them.”

Then And Now: Race And Class

“Beginning in 1882, the United States stopped being a nation of immigrants that welcomed foreigners without restrictions, borders or gates. Instead, it became a … gatekeeping nation,” Erika Lee, a professor at the University of Minnesota, wrote in her book At America’s Gates: Chinese Immigration During The Exclusion Era, 1882-1943. “In the process, the very definition of what it meant to be an ‘American’ became even more exclusionary.”

The Chinese exclusion law was the very first time in American history that immigrants were barred because of their race and class. In 1882, when Congress passed the law, there were 39,600 men and women from China who arrived in the U.S. Just three years later, there were only 22, according to early records that Lee came across in her research.

The 1876 presidential race between Rutherford Hayes and Samuel Tilden was a major turning point in the country’s stance on immigration. Leading up to the election, the race was so close and electoral votes were so coveted, it brought California’s ongoing fight to push out Chinese immigrants to the national stage, Lee said. Many Californians worried that Chinese laborers would take their jobs, and that they were sexually lecherous threats to society.

Lee said that anti-immigrant measures in the 1880s — and today — were driven by both working class people and elites, as well as those who had a “vested economic interest in border walls and detention centers.”

The Chinese Exclusion Act set the groundwork for immigrant detention centers and the country’s first large-scale deportation of a single immigrant group. Specifically, the exclusion era brought an expansion of the federal government in terms of hiring more immigrant inspectors, whose responsibilities included working as interpreters and at the detention facilities.

As for today’s parallel? Lee points to companies that are vying to build a U.S.-Mexico border wall, and the question of whether there will be more privately-owned immigrant detention centers under President Trump.

Lee says that today’s equivalent is the proposed so-called “Muslim ban,” because it singles out specific groups of people for discrimination. “The fact that we don’t explicitly name Muslims [in the executive order] is more of a reflection of how our racial sensibilities have changed over the past 135 years, in terms of being more polite in our racism.”

And, Lee says, like the proposed ban — which Trump says will be in place until vetting procedures are strengthened — the Chinese Exclusion Act was also originally proposed as a temporary law.

The exclusion act was meant to be law for a decade but lasted 61 years. It was repealed in 1943 with the Magnuson Act, when the U.S. wanted to foster an alliance with China in the war against Japan. In 2012, Congress passed a resolution formally expressing regret to Chinese Americans for the exclusion law and other discriminatory measures.

But while there are many links between the exclusion era and today, there are also important differences. Trump’s immigration orders have created “one of the most divisive eras around immigration” in history, Lee told NPR. And his policies have had wide-reaching consequences for immigrants that have been met with protests across the country.

“I cannot think of another time or a set of laws that has the promise to transform immigration so dramatically at every level,” Lee said. Trump’s policies have included banning refugees, increasing border security and interior enforcement, expanding deportation and expedited removal, reforming the H1-B visa program and attempting to enact a travel ban.

Still, Lee said, what’s different is the nationwide grassroots efforts and legal challenges that have sprung up against Trump’s immigration policies. “There were no protests in support of Chinese immigrants [during the exclusion era in the U.S.],” Lee said.

But it’s unclear if some immigrants today draw a link between the historical exclusions and Trump’s various immigration restrictions, according to Janelle Wong, the director of the Asian American studies program at the University of Maryland, College Park.

“On the one hand, more than 60 percent of Asian-American registered voters oppose a ‘Muslim Ban.’ This is pretty consistent across groups,” Wong wrote in an email, citing her work on the National Asian American Survey. “On the other hand, the survey also shows that about 20 percent of Chinese Americans, and Asian-American registered voters as a whole, support such a ban. This, despite the fact that Chinese were the first in U.S. history to be excluded according to these kinds of ascriptive characteristics.”

Choi, the rally organizer, said she feels that while the Chinese Americans who support the ban are a minority, “they’re a vocal one.” Choi said that many of the rally’s speeches will be translated into Cantonese and Mandarin, which she hopes will draw in people who might only speak Chinese.

In 1885, a student named Saum Song Bo wrote a scathing open letter in a New York newspaper. He was struck by the irony that the U.S. was erecting the Statue Of Liberty three years after passing the Chinese Exclusion Act:

“That statue represents Liberty holding a torch which lights the passage of those of all nations who come into this country. But are the Chinese allowed to come? As for the Chinese who are here, are they allowed to enjoy liberty as men of all other nationalities enjoy it? Are they allowed to go about everywhere free from the insults, abuse, assaults, wrongs and injuries from which men of other nationalities are free?”

Liberty, for Bo and many other immigrants in that era, felt out of reach.


 

donald-trump
President Donald Trump with the executive order halting immigrants from some majority-Muslim countries from entering the US.Olivier Douliery-Pool/Getty Images

08 December 2015 | Yanan Wang | The Washington Post

The “Chinaman” was a familiar figure to many Americans in the mid-1800s. His likeness was unmistakable: slit eyes, a perpetual grimace, traditional loose-fitting garb and a long, snake-like ponytail tightly tied to an otherwise bald head.

He looked like an unsavory character — and most importantly, an alien one.

The first major arrival of Chinese immigrants to the United States occurred during the California Gold Rush of the late 1840s, and with them emerged a strong current of anti-Chinese sentiment. From the very beginnings of their presence in the country, Chinese people were regarded as dangerous foreigners who took jobs and opportunities away from hardworking Americans.

Under those circumstances, it was almost inevitable that a political movement would arise in the name of eliminating a group widely regarded as a social and economic ill. The 1870s saw the formation of the Workingmen’s Party of California, whose motto was simply and succinctly “The Chinese Must Go!”

Within a decade, its campaign succeeded, contributing to President Chester Arthur’s 1882 signing of the Chinese Exclusion Act: the first federal law to exclude a specific ethnic group from immigrating to the country.

The Chinese Exclusion Act is also the closest cousin to what Republican presidential candidate Donald Trump proposed Monday when he called for a “total and complete shutdown” of Muslims entering the United States.

It goes one step further than the 1882 legislation, which excluded Chinese laborers from entering the country under penalty of imprisonment and deportation. It also prohibited existing Chinese immigrants from seeking American citizenship.

Trump’s ban on Muslims would apply not only to prospective immigrants but also to tourists and others visiting the country.

[Donald Trump calls for ‘total’ ban on Muslims entering United States]

Versions of the Chinese Exclusion Act persisted for decades, becoming increasingly restrictive. The Immigration Acts of 1917 and 1924 excluded all classes of ethnic Chinese and further banned all visa types for arrivals from a defined “Asiatic Barred Zone” which included India, Afghanistan, Persia (modern-day Iran), Arabia, Southeast Asia, the Asian-Pacific Islands as well as parts of the Ottoman Empire and Russia. (Japanese immigrants had already been barred through the “Gentlemen’s Agreement” of 1907.)

Extending from the Arabian Peninsula to Indonesia, this “zone” encompassed most of the Muslim world at the time.

Since it was repealed in 1943, the Chinese Exclusion Act has been remembered as a dark period in American history, when Chinese immigration all but halted for several years. Trump’s ban on Muslims would be an even more extreme iteration of this mandate, as it targets people based on religion instead of ethnicity.

From anti-Chinese to anti-Muslim sentiment

While Trump’s proposal has received almost universal condemnation from members of both political parties, the rhetoric surrounding exclusionary immigration measures through American history has been reprised by those — not limited to Trump — urging restraints on Middle Eastern refugee admissions to the United States today.

The position of politicians supporting the Chinese Exclusion Act was characterized in a biting editorial cartoon the year of its signing. The image shows the archetypal Chinaman sitting outside a steel door labeled the “Golden Gate of Liberty.” At the bottom of the cartoon, a caption reads “THE ONLY ONE BARRED OUT” and quotes an “enlightened American statesman” as saying, “We must draw the line somewhere, you know.”

Many have used the same language to criticize the Obama administration’s assertion that Syrian refugees are thoroughly vetted before they are allowed to settle in the United States. Republican presidential candidate Ben Carson said in a statement last month regarding the need to help refugees but also bar them from entry: “When we draw a line in the sand or boundary in the air, the world needs to understand that we mean it.”

The Chinese Exclusion Act was itself sold as a patriotic endeavor.

“The language of the act talks about the need to restrict as a matter of sovereignty,” immigration historian Erika Lee said in a phone interview with The Washington Post. “It was couched in terms of national security and the greater health of the country — the rhetoric was very similar to what we’re hearing today.”

[The aim of the Workingmen’s Party, a labor organization with a particular focus on Chinese immigrant labor on the Central Pacific Railroad, was straightforward and supported by many Californians at the time.

 

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