Saturday, September 22, 2012

0 The Chinese Exclusion Act of 1882 and the Current Debate Over Naturally Born Citizens


The fourteenth amendment to the United States, adopted in 1868, grants citizenship to the people born inside the boundaries of this country. However, there were many instances, through the following years, that Congress passed laws impacting the provisions of that amendment. One of those laws became called the Chinese Exclusion Act, passed in 1882.

The Chinese immigrants came mostly to the west coast of the United States. Because of the gold rush in San Francisco, in 1849, the total number of immigrants from China greatly increased. The majority of those who came during this time period were working men. There was a greater dependence on cheap labor, plus the Chinese men came here to function in various labor-intensive job capacities.


Therefore, there was no requirement to build more infrastructure during that period. Institutions, such as schools, didn't see a great deal of an increase because hardly any immigrant children entered the country during that period. Hospitals did not see much of interest in services, since the majority of the immigrants were healthy, working-aged men.


The act, stated specifically that "laborers skilled and inexperienced employed by mining" would be excluded from entering the United States for a period of 10 years. This extreme case of discrimination was almost unprecedented in laws being passed during that time by Congress. The immigrant families experienced either splitting up their families, or going back to China to help keep the families together.


One immediate effect the passage of the law had, was that it provoked large-scale human smuggling. Since workers were denied entrance in to the United States, they had been smuggled in. Other unintended consequences of the law came following the 1906 earthquake in San Francisco. The town hall was ruined as well as the official records. Chinese men claimed status because of family ties to other Chinese-Americans, and their claims could not be disproved due to the destruction of so many of the official records.


The law was repealed by the Magnuson Act in 1943. Although the Magnuson Act granted citizenship to immigrants currently residing in the country, it denied them the ability to own land or property. This was not repealed fully until 1965.


The influence on the immigration with this act was the lesson never to allow legalized discrimination. The fallout from the passage of the bill in 1882 caused more hardship and regret than it did help any cause. While there is still much debate over what to do about the numerous individuals who currently are now living in the United States without having legal status, the lesson of this law from the nineteenth century reminds us not to pass any law discriminating against any particular nationality or race of an individual.





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