Chinese Exclusion Act

The Chinese Exclusion Act was a law passed by the U.S. Congress in 1882 in response to nativist demands; it prevented the large scale immigration of Chinese workers into the U.S. although tens of thousands came in illegally; restriction was repealed in 1943 and amnesty was provided for the illegals in the 1950s.

California

With the discovery of gold in 1849 tens of thousands of people raced to California. The number of Chinese grew from about 10,000 in 1852 to 35,000 by 1860. The Burlingame Treaty of 1868 between the U.S. and China the immigration of tens of thousands of Chinese men; very few women came. But the completion of the transcontinental railways brought more white laborers to the West, and they strenuously complained of "Oriental" competition, involving "coolies" trapped into indentured labor (a form of semi-slavery), unskilled workers paid very low wages and a population impossible to assimilate into American society or political culture. Other complaints centered on the tongs that controlled every aspect of Chinese life in America,, and the opium dens.

In 1877, when 9% of California's state's population was Chinese, the violent agitation for exclusion was led by Denis Kearney, Irish-born leader of the Workingmen's party. Violence throughout the west in the 1870s forced the Chinese into a small number of cities, where they formed exclusive districts called Chinatowns, that were virtually self-governing. Since very few women were involved, the immigrant population--which had arrived as young men in the 1860s--gradually aged and died out.

Exclusion, 1882

In 1877 a committee of the U.S. Senate reported in favor of modification of the Burlingame Treaty, and in 1879 Congress passed the "Fifteen Passenger Act," restricting Chinese immigration; however it was vetoed by President Rutherford B. Hayes as a violation of the treaty. In November 1880, a commission headed by James B. Angell signed a treaty with China permitting restrictions upon the immigration of laborers but exempting teachers, students, merchants, and travelers. This was followed by the Chinese Exclusion Act in 1882, which suspended Chinese immigration for ten years. The Scott Act of 1888 and the Geary Act of 1892 contained flagrant violations of the treaty of 1880, partly induced by the failure of China to ratify the Bayard Treaty of 1888, sanctioning a prohibition of immigration of laborers for twenty years. A new treaty with China, in 1894, permitted for ten years the absolute prohibition of the entrance of Chinese laborers into the United States. The act of 1902 renewed this prohibition, which continued until 1943. Strong support for exclusion came from labor unions, especially the AFL headed by Samuel Gompers.

Paper sons

Although Congress ruled that no Asian immigrant could become a naturalized citizen (until 1952), the Supreme Court ruled that every person born in the U.S. is automatically a citizen and entitled to leave and re-enter the country at will. To replenish the Chinatown population Chinese merchants brought in thousands of Chinese "paper sons" on fraudulent certificates that said they were born in America. Immigration officials knew that most were fakes and questioned the applicants closely, but they had been thoroughly rehearsed and had prepared false genealogies and even village maps and local details that stymied the immigration examiners. Smuggling rings brought in additional 17,000 across the Canadian and Mexican borders. The U.S. government strengthened its border control procedures to little avail.

In 1904 the Chinese government refused to renew the treaty of 1894, while harsh enforcement of the immigration laws in the United States led in 1905 to a boycott of American goods in China. Nevertheless, the laws excluding Chinese laborers remained on the statute book. Chinese resentment of this treatment was more than offset by the goodwill resulting from American friendly relations in the events following the Boxer Rebellion in 1900, and the establishment of the republic in 1911; diplomatic friction over the exclusion policy soon disappeared.

By the 1940s over a fourth of the Chinese in the U.S. had arrived illegally. They obtained legal status in the 1950s under a federal amnesty program called "Chinese Confession Program" in which they admitted their illegal entry.

Repeal 1943

The laws were repealed in 1943, during World War II, as the U.S. and China were allies fighting the Japanese. President Franklin D. Roosevelt believed that making China an "equal" ally in every way would be important to preserve postwar stability. Public opinion in favor of the Chinese was mobilized by the nationwide speaking tours of Madame Chiang Kai-shek, the American educated wife of the Chinese leader, and by publicity in Time and Life magazines (owned by Henry R. Luce, who was born in China to missionary parents) and from best-selling novelist Pearl Buck.

Between 1944 and 1960, 42,935 Chinese immigrants entered the U.S, chiefly wives of American servicemen (16,985) or political refugees (10,376). Since refugees with relatives in America were given preference, postwar immigration significantly contributed to family reunification. The most stringent exclusions ended with new immigration laws in 1952 and 1965, that favored applicants with high skills and opened a route to full citizenship. Most of the Chinese Americans today are post-1945 arrivals and their children and grandchildren.

Bibliography

• Ahmad, Diana L. The Opium Debate And Chinese Exclusion Laws In The Nineteenth-Century American West (2007)
• Calavita, Kitty. "The Paradoxes of Race, Class, Identity, and 'Passing': Enforcing the Chinese Exclusion Acts, 1882–1910," Law and Social Inquiry (Winter 2000) 25:1–40 in JSTOR
• Chan, Sucheng, ed. Entry Denied: Exclusion and the Chinese Community in America, 1882-1943. (1991). 286 pp. online edition
• Chen, Yong. Chinese San Francisco, 1850–1943: A Trans-Pacific Community (2000).
• Chung, S.F. "Chinese Immigrants, African Americans, and Racial Anxiety in the United States, 1848-82," California History, Vol. 82, Fall 2004 online edition
• Ettinger, Patrick. "'We Sometimes Wonder What They Will Spring on Us Next': Immigrants and Border Enforcement in the American West, 1882-1930." Western Historical Quarterly 2006 37(2): 159-181. Issn: 0043-3810 Fulltext: History Cooperative
• Griffith, Sarah M. "Border Crossings: Race, Class, and Smuggling in Pacific Coast Chinese Immigrant Society." Western Historical Quarterly 2004 35(4): 473-492. Issn: 0043-3810 Fulltext: History Cooperative
• Gyory, Andrew. Closing the Gate: Race, Politics, and the Chinese Exclusion Act (1998), blames eastern politicians, not Californians, for passage excerpt and text search; also online edition
• Hing, Bill Ong. Making and Remaking Asian America through Immigration Policy, 1850-1990 (1993) online edition
• Hunt, Michael. The Making of a Special Relationship: The United States and China to 1914 (1983), on diplomacy of restriction online edition
• Jung, Moon-ho. "Outlawing 'Coolies': Race, Nation, and Empire in the Age of Emancipation." American Quarterly 2005 57(3): 677-701. Issn: 0003-0678 Fulltext: Project Muse
• Lau, Estelle. Paper Families: Identity, Immigration Administration, and Chinese Exclusion (2006) excerpt and text search
• Lee, Erika. "Enforcing the Borders: Chinese Exclusion along the U.S. Borders with Canada and Mexico, 1882–1924," Journal of American History 89 (June 2002): 54–86. in JSTOR
• Lee, Erika. "The Chinese Exclusion Example: Race, Immigration, and American Gatekeeping, 1882-1924." Journal of American Ethnic History 2002 21(3): 36-62. Issn: 0278-5927 Fulltext: Ebsco
• Lee, Erika. At America's Gates: Chinese Immigration during the Exclusion Era, 1882-1943 (2003) excerpt and text search
• McKeown, Adam. "Ritualization of Regulation: the Enforcement of Chinese Exclusion in the United States and China." American Historical Review 2003 108(2): 377-403. Issn: 0002-8762 Fulltext: History Cooperative
• Mckeown, Adam. "Transnational Chinese Families and Chinese Exclusion, 1875-1943." Journal of American Ethnic History 1999 18(2): 73-110. Issn: 0278-5927 Fulltext: Ebsco
• Miller, Stuart Creighton. The Unwelcome Immigrant: The American Image of the Chinese, 1785–1882 (1969)
• Naruta, Anna Noel. "Creating Whiteness in California: Racialization Processes, Land, and Policy in the Context of California's Chinese Exclusion Movements, 1850 to 1910." PhD dissertation U. of California, Berkeley 2006. 300 pp. DAI 2007 67(8): 3038-9. 3228437 Fulltext: ProQuest Dissertations & Theses
• Peffer, George Anthony. If They Don't Bring Their Women Here: Chinese Female Immigration before Exclusion (1999) excerpt and text search
• Salyer, Lucy. Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law (1995). online edition
• Saxton, Alexander. The Indispensable Enemy: Labor and the Anti-Chinese Movement in California (1971)
• Tong, Benson. The Chinese Americans. (2000) , 248pp online edition

Primary sources

• Appleton's Annual Cyclopedia: 1902 (1903) pp 185-189 summary of debates in Congress in 1902
• Yung, Judy, et al ads. Chinese American Voices: From the Gold Rush to the Present (2006) excerpt and text search