Forbidden Citizens
Chinese Exclusion and the U.S. Congress
A Legislative History
By Martin B. Gold

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Chinese Immigration Laws Timeline (Appendix 12)

1788 - The U.S. Constitution restricts the presidency to native born citizens and grants Congress the authority to establish rules governing naturalization. (Article 2., Section 1.)

1790 - Congress passes the Naturalization Act, limiting the opportunity for naturalization to white persons who have had two years of U.S. residency. 1st Congress, Sess. II, Chap. 3; Stat. 103. March 26, 1790.

1798 - Alien and Sedition Acts, four bills passed in 1798. An attempt to control French radicals after the revolution, stipulates fourteen years of residency before citizenship; regulation repealed 1801.

1808 - U.S. forbids the importation of slaves (Act Prohibiting Importation of Slaves (aka 1808 Transatlantic Slave Trade Act) signed into law March 2, 1807, went into effect January 1, 1808).

1819 -   On March 2, 1819, the U.S. Congress passed an Act Regulating Passenger Ships and Vessels (15th Congress, Sess. II, Chap. 46, 3 Stat. 489. 1819), which required masters and captains of vessels arriving at U.S. ports to submit a list of passengers to the collector of the district beginning January 1, 1820. (2-page PDF) 

1857 - Dred Scott v. Sandford, 60 U.S. 393 (1857), declared free Africans non-citizens.

1862 - Anti-coolie law, "An Act to prohibit the 'Coolie Trade' by American Citizens in American Vessels" 37th Congress, Sess. II, Chap. 27; 12 Stat. 340. February 19, 1862. (2-page PDF) 

1864 - 1864 Immigration Act, "An Act to encourage Immigration" allowed recruiting of foreign labor. 38th Congress, Sess. I, Chap. 246; 13 Stat. 385. July 4, 1864. (3-page PDF) 

1865 - Slavery and involuntary servitude abolished by the Thirteenth Amendment.

1868 - The Fourteenth Amendment is ratified. Among other things, it establishes citizenship rights for all persons born or naturalized in the United States.

1868 - The Burlingame Treaty between the United States and China is ratified. The treaty permits free and voluntary immigration from China and grants Chinese immigrants treatment equivalent to that accorded to the citizens or subjects of most-favored nations. (Appendix 2)

1870 - Congress passes amendments to the naturalization laws in Naturalization Act of 1870. 41st Congress, Sess. II, Chap. 254; July 14, 1870. Persons of African descent who do not otherwise enjoy birthright citizenship can be naturalized. In the Senate, an amendment by Senator Charles Sumner (R-MA) to permit naturalization of persons without regard to race is defeated. An amendment by Senator Lyman Trumbull (R-IL) to extend naturalization rights to persons of Chinese descent is also defeated. (Ch. 1 and Appendix 3)

1875 - The Page Act passes, barring the importation of women for purposes of prostitution. The Page Act also bars the transportation of "any subject of China, Japan, or any Oriental country, without their free and voluntary consent." 43rd Congress, Sess. II, Chap. 141; 18 Stat. 477. March 3, 1875. (§ 2.13)

1875 - In Henderson v. Mayor of City of New York, 92 U.S. 259 (1875), the U.S. Supreme Court declares state laws on immigration unconstitutional.

1875 - In Chy Lung v. Freeman, 92 U.S. 275 (1875), the U.S. Supreme Court declares that control over immigration is a federal responsibility and that state efforts to burden immigration are unconstitutional.

1879 - The Fifteen Passenger bill passes, but is vetoed by President Rutherford B. Hayes as incompatible with U.S. treaty obligations. (Ch. 2 and Appendix 4)  (3-page PDF)

1881 - The Angell Treaty is ratified, permitting the United States to restrict or suspend, but not to prohibit, immigration of Chinese laborers.  (Appendix 5)

1882 - Congress passes legislation to halt the immigration of Chinese laborers for twenty years and to bar Chinese persons from naturalizing. President Chester A. Arthur vetoes the bill, regarding the twenty-year ban as incompatible with U.S. treaty obligations.  (Chs. 3 and 4, and Appendix 6)

1882 - Congress passes legislation to halt the immigration of Chinese laborers for ten years and to bar Chinese persons from naturalizing. "To execute certain treaty stipulations relating to Chinese". 47th Congress, Sess. I, Chap. 126; 22 Stat. 58. On May 6, 1882, President Chester A. Arthur signs it into law. The measure becomes popularly known as the Chinese Exclusion Act. Chinese already in the United States are afforded certificates of return, which allow them to reenter the country notwithstanding the bar.  (Ch. 5 and Appendix 7)

1884 - In Chew Heong v. United States, 112 U.S. 536 (1884), the U.S. Supreme Court upholds the right of a Chinese immigrant who did not possess a return certificate to enter the United States because he could establish his previous residence in the country and had been abroad when the Chinese Exclusion Act's return certificates were authorized and issued.

1885 - The Chinese Exclusion Act is amended by the Alien Contract Labor Law to apply to all laborers of Chinese descent seeking to enter the United States from anyplace in the world, not just from China.  "An act to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia." 48th Congress, Sess. II, Chap. 164; 23 Stat. 332. February 26, 1885. (2-page PDF) (Ch. 6)

1888 - The United States and China negotiate the Bayard-Zhang Treaty, which allows the U.S. to prohibit immigration of Chinese laborers. The Chinese Government ultimately refuses to ratify the treaty.  (Ch. 7)

1888 - Anticipating the ratification of the Bayard-Zhang Treaty of 1888, Congress passes implementing legislation. Some provisions of the legislation--addressing the conditions that Chinese laborers already in the United States would need to meet should they leave and wish to reenter, as well as authorizing the Treasury Department to craft definitions regarding the classes of Chinese persons entitled to immigrate to the United States--survive, even though the treaty was not ratified.  (Ch. 7)

1888 - After China does not ratify the Bayard-Zhang Treaty, Congress passes the Scott Act, which cancels the certificates of return that had been issued under the 1882 exclusion law. Thousands of Chinese who had anticipated the right to reenter the United States are stranded overseas.  (Ch. 7)

1889 - In Chae Chan Ping v. United States, 130 U.S. 581 (1889), the U.S. Supreme Court, while recognizing that the Scott Act contravenes the Burlingame and Angell Treaties, upholds the Scott Act as a constitutional exercise of Congress's power to regulate immigration.

1892 - Ellis Island Immigration Station opens in January, 1892

1892 - In the Geary Act, Congress extends the exclusion policy for ten years, requires Chinese to carry papers proving their right to be in the United States, makes Chinese caught without such papers presumptively deportable, places the burden of proof on the Chinese immigrant in deportation proceedings, and allows oral testimony on behalf of the immigrant only if corroborated by a white witness.  "An act to prohibit the coming of Chinese persons into the United States." 52nd Congress, Sess. I, Chap. 60; 27 Stat. 25. May 5, 1892. (Ch. 8)

1893 - In Fong Yue Ting v. United States, 149 U.S. 698 (1893), the U.S. Supreme Court upholds the registration requirements set forth in the Geary Act. Congress passes legislation extending the registration deadline by six months, to accommodate the registration of Chinese who had declined to comply while the Geary Act's validity was being challenged.

1894 - China and the United States ratify the Gresham-Yang Treaty (1894), allowing the U.S. the right to prohibit immigration of Chinese laborers. The Scott Act is abrogated and the use of certificates of return is again permitted. (Appendix 8)

1898 - In United States v. Wong Kim Ark, 169 U.S. 649 (1898), the U.S. Supreme Court upholds the application of birthright citizenship under the Fourteenth Amendment to a Chinese person born in the United States.

1898 - Exclusion policy is extended to cover the newly-annexed territory of Hawaii.

1902 - Congress continues the exclusion policy indefinitely in the 1902 extension, to operate in a manner consistent with U.S.-China treaty obligations. The exclusion policy is extended to cover insular possessions of the United States, including the Philippines. "An Act To prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under 1ts jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent." 57th Congress, Sess. I, Chap. 641; 32 Stat. 176. April 29, 1902. (2-page PDF) (Ch. 9 and Appendix 9)

1903 - Secretary of Labor and Commerce assume control over immigration until 1940; anarchists excluded. (§ 9.17)

1904 - China renounces the Gresham-Yang Treaty.  (Ch. 10)

1904 - Congress permanently extends the exclusion laws. 58th Congress, Sess. II, Chap. 1630, Sec. 5; 58 Stat. 428, April 27, 1904. (2-page PDF) (Ch. 10 and Appendix 10)

1907 - Under a policy known as the Gentlemen's Agreement of 1907, the United States and Japan informally agree to restrict Japanese immigration to the United States.

1907 - "An Act to regulate the immigration of aliens into the United States, 1907," aka Alien Immigration Act, Chap. 1134, 3; 34 Stat. 898. February 20, 1907 - Head tax on immigrants raised; No persons with physical or mental defects, tuberculosis, children not accompanied by a parent.

1910 - Angel Island Immigration Station opens in January, 1910

1917 - The Immigration Act of 1917 provides broad immigration restrictions, especially with respect to "undesirables" of other countries (for example, individuals with contagious diseases, prostitutes, and criminals). The geographically defined "Asiatic Barred Zone" is established, preventing immigration from much of east Asia. 64th Congress, Sess. II, Chap. 29; H.R. 10384; Pub.L. 301; 39 Stat. 874. February 5th, 1917. (25-page PDF)

1921 - Emergency Quota Law, "An Act To limit the immigration of aliens into the United States." Quotas established. 67th Congress, Sess. I; H.R. 4075; Pub.L. 67-5; 42 Stat. 5. May 19, 1921. (3-page PDF)

1924 - The temporary quota system established by the Emergency Quota Act of 1921 is extended and modified by the Immigration Act of 1924 (Johnson-Reed Act). Both laws use a national origins-based quota system. The 1924 Act excludes from entry any alien who by virtue of race or nationality is ineligible for citizenship. "An act to limit the immigration of aliens into the United States, and for other purposes" aka National Origins Law (Johnson-Reed Act). 68th Congress, Sess. I, Chap. 190; H.R. 7995; Pub.L. 68-139; 43 Stat. 153. 68th Congress; May 26, 1924. (18-page PDF)

1928 - Congress makes annual immigration quotas permanent effective July 1, 1929.

1939 - Refugee bill (Wagner-Rogers Child Refugee Bill) defeated that would allow admittance of 20,000 children from Nazi Germany. ("Wagner-Rogers Refugee Bill Backed at Hearing; 1,400 Adoption Offers Reported." Jewish Telegraphic Agency 21 Apr 1939.)

1940 - Attorney General given control of immigration. (§ 9.17)

1940 - "In 1940 and 1941, President Franklin D. Roosevelt formalized U.S. aid to China. The U.S. Government extended credits to the Chinese Government for the purchase of war supplies, as it slowly began to tighten restrictions on Japan. The United States was the main supplier of the oil, steel, iron, and other commodities needed by the Japanese military as it became bogged down by Chinese resistance but, in January, 1940, Japan abrogated the existing treaty of commerce with the United States. Although this did not lead to an immediate embargo, it meant that the Roosevelt Administration could now restrict the flow of military supplies into Japan and use this as leverage to force Japan to halt its aggression in China.

"After January 1940, the United States combined a strategy of increasing aid to China through larger credits and the Lend-Lease program with a gradual move towards an embargo on the trade of all militarily useful items with Japan. The Japanese Government made several decisions during these two years that exacerbated the situation. Unable or unwilling to control the military, Japan's political leaders sought greater security by establishing the 'Greater East Asia Co-Prosperity Sphere' in August, 1940. In so doing they announced Japan's intention to drive the Western imperialist nations from Asia." (State Dept.) (§ 11.10)

1942 - Bracero program begun.

1943 - The Magnuson Act (Chinese Exclusion Repeal Act of 1943) repeals the Chinese exclusion laws and establishes a unique immigration quota for Chinese persons worldwide.  78th Congress, Sess. I, Chap. 344; H.R. 3070; Pub.L. 78-199; 57 Stat. 600. December 17, 1943. (2-page PDF) (Ch. 11 and Appendix 11)

1945 - Congress passes the War Brides Act (1945), which puts Chinese wives of American citizens on a non-quota basis. "An act to expedite the admission to the United States of alien spouses and alien minor children of citizen members of the United States armed forces." 79th Congress, Sess. I, Chap. 591; H.R. 4857; Pub.L. 79-271; 59 Stat 659. December 28, 1945. (2-page PDF) (§ 11.22)

1946 - Chinese War Brides Act, "An act to place Chinese wives of American citizens on a nonquota basis." 79th Congress, Sess. II; H.R. 4844; Pub.L. 79-713; 60 Stat. 975. August 9, 1946. (1-page PDF)

1948 - Displaced Persons Act, "An act to authorize for a limited period of time the admission into the United States of certain European displaced persons for permanent residence, and for other purposes." 80th Congress, Sess. II, Chap. 647; S. 2242; Pub.L. 80-774; 62 Stat. 1009. June 25, 1948. (6-page PDF)

1950 - Internal Security Act of 1950, aka Subversive Activities Control Act (McCarran Internal Security Act). 81st Congress, Sess. II, Chap. 1024; 64 Stat. 993.

1952 - The Immigration and Nationality Act (McCarran-Walter Act). 82nd Congress, Sess.  H.R. 5678; Pub.L. 414; 66 Stat. 163. June 27, 1952. (120-page PDF)

1965 - Immigration and Nationality Act, aka Hart-Cellar Act, ends the system of immigration quotas based on national origins. 89th Congress, H.R. 2580; Pub.L. 89-236; 79 Stat. 911. October 3, 1965. (2-page PDF)

1986 - Immigration Reform and Control Act.

Sources: The Flow of History (flowofhistory.org); Prof. Sarah Starkweather's site "U.S. Immigration Legislation Online"; American Immigration Laws Timeline (2-page PDF), from the National Archives.

More

A Brief Timeline of U.S. Policy on Immigration and Naturalization, from The Flow of History

A Legal History of Chinese-Americans: Federal Statutes/Laws, compiled by Elaine Sit and Tze-chung Li, from Chinese Americans Online

American Immigration Laws Timeline (2-page PDF), from the National Archives

History - Chinatown San Francisco

Immigration Records (Ship Passenger Arrival Records and Land Border Entries) - National Archives (NARA)

Key Dates and Landmarks in United States Immigration History, Immigration to the United States, 1789-1930, from Harvard University Library

Milestones in United States Immigration Policy, The Chinese Experience in 19th Century America, University of Illinois at Urbana-Champaign (3-page PDF) 

Timeline of United States diplomatic history - Wikipedia

The Chinese in California, 1850-1925 - Library of Congress

U.S. Immigration Legislation Online, students in BIS367 at University of Washington-Bothell, Autumn 2007, Prof. Sarah Starkweather

See also Related Publications

Forbidden Citizens
Chinese Exclusion and the U.S. Congress
A Legislative History
By Martin B. Gold

2012, 616 pages LCCN: 2011943122 Softcover, $29.95 2579 ISBN 13: 978-1-58733-257-9 Dimensions:  6.69 x 9.61 x 1.2 Weight: 2 pounds    Buy softcover from TheCapitol.Net Buy softcover from Bookshop Softcover at Amazon Softcover at Barnes & Noble   Ebook  $9.95 EISBN: 9781587332586       Available from your bookseller or online

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Rave Reviews

"Our nation has the greatest ideals, standing as that 'city upon a hill' for the world over to look toward with hope. Yet we have not always been as welcoming as we have proclaimed. Forbidden Citizens by Martin Gold tells the story of the exclusion of a specific group, the Chinese people, for racial reasons that were expressed in the most shocking terms. It is thorough, thoughtful, and highly relevant today. This work presents the best scholarship in the most accessible manner.."
-- Frank H. Wu, Chancellor & Dean, University of California Hastings College of the Law, and the author of Yellow: Race in America Beyond Black and White (Basic Books)

"[L]andmark volume on the subject of exclusionary policies against Chinese and Chinese Americans ... a valuable teaching tool ... an exemplary subject reference."
-- Library Journal (full review)

"Forbidden Citizens presents a skillful review of the long and tortuous path from temporary to permanent exclusion of the Chinese from immigration and citizenship. It is rich raw material for scholars of race relations and immigration that deftly weaves legal history, congressional debates, regional and national history, and the relation of foreign policy and immigration."
-- Najia Aarim-Heriot, Professor, State University of New York at Fredonia, and the author of Chinese Immigrants, African Americans, and Racial Anxiety in the United States, 1848-82 (University of Illinois Press)

"Through engaging narrative, Forbidden Citizens expertly tells a story unfamiliar to most Americans, one that left a permanent scar upon the psyche of Chinese Americans and changed our nation forever. Martin Gold's thorough and pioneering research into decades of Congressional history brings to life the politics of Chinese exclusion in a way no one has."
-- Judy Chu, United States Representative (D-CA)

"In Forbidden Citizens, Martin Gold offers a sweeping and impressive documentation of the long and shameful legislative history of the mistreatment of the Chinese in this country. Forbidden Citizens is an exhaustive piece of research that will appeal not only to legal scholars and civil rights activists, but to any American curious about this grim chapter of our history."
-- Christopher Corbett, author, The Poker Bride: The First Chinese in the Wild West (Atlantic Monthly)

"Forbidden Citizens is a captivating recount of grave and forgotten injustices and efforts to correct them. No one knows more about the United States Congress than Marty Gold, and he engages the reader in a way only he can."
-- Orrin Hatch, United States Senator (R-UT)

Anti-Chinese violence, discrimination, and rhetoric have a long, sordid history in America. It began with the first Chinese immigrants to North America in the 1840s and in some ways, at least rhetorically, continues to the present day. The anti-Chinese movement often took a federal political form that proved amazingly complex; and for the first time this legal history has been carefully and thoughtfully explained in Forbidden Citizens, from the initial congressional debates in the 1870s, through the passage of no less than nine Chinese exclusion laws, to the eventual repeal of fourteen statutes in 1943. All can be found in this one volume. It is a monumental achievement."
-- John R. Wunder, University of Nebraska-Lincoln, and author Inferior Courts, Superior Justice: A History of the Justices of the Peace on the Northwest Frontier, 1853-1889 (Greenwood Press)

"Forbidden Citizens is a moving account of a regrettable part of American history. Marty Gold has done us all a service by bringing this story to light so that our past mistakes are never repeated."
-- Scott Brown, United States Senator (R-MA)

"An important piece of scholarship, which vividly depicts the intensity of anti-Chinese and anti-Asian feeling that was widespread even among our intellectual and political elite only a century ago."
-- Stephen Hsu, Professor of Physics, University of Oregon

"Martin Gold presents in welcome detail both the disturbing story of how the U.S. Congress came to enact a series of federal laws that singled out Chinese immigrants for discriminatory treatment, and the story of how those laws were repealed.

Beginning with the Chinese Exclusion Act in 1882, these laws were the first time in our nation's history that Congress expressly singled out a group of immigrants for denial of citizenship rights, and for special exclusion under its immigration laws. But, as to the latter course, it was certainly not the last. There is a straight line from the enactment of the exclusion laws to the exclusionary immigration laws of the 1920s that effectively sealed the doors of the United States to Jews who might otherwise have been able to flee the conflagration of Nazi-occupied Europe.

We do well to remember that the protection of the rights of any of us depends on protecting the rights of all. Gold's book is a stirring and timely reminder of that principle."
-- Richard T. Foltin, Director of National and Legislative Affairs, American Jewish Committee (AJC)

"Martin Gold's exceptional scholarly research on the legislative history of Chinese Exclusion Laws provides a compelling and troubling account of how Congress, a democratic institution of the people, enacted a series of discriminatory laws so contrary to our founding principles. Hopefully, this publication will not only bring to light the historic injustice inflicted on Chinese and Asian Americans because of these laws, but also offer a lesson on why we should not repeat this dark chapter in American history."
-- Michael C. Lin, Chairman, 1882 Project

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