U.S. immigration policy has always been based on racism

U.S. immigration policy has always been based on racism

LGBTQ Entertainment News


Autocrats and other right-wing so-called “populists” dehumanize, scapegoat, and villainize immigrants as the cornerstone of their hoped-for political victories and governing strategies once in office.

Leaders in government, including in Hungary and Italy, have grabbed onto this longtime fear tactic, and it has been used successfully in recent elections in Austria with the far-right Freedom Party (FPÖ), in Germany’s eastern state of Thuringia with the Alternative for Germany (AfD), and in recent elections in France. These extremist changes pose grave consequences for the stability of the European Union.

Israel’s politicians, especially on the far-right, including the current regime of Prime Minister Benjamin Netanyahu, have imposed “a system of oppression and domination against Palestinians across all areas under its control…and against Palestinian refugees….This amounts to apartheid as prohibited in international law,” according to Amnesty International.

Though politicians and members of their constituencies argue immigration policy from seemingly infinite perspectives and sides, one point stands clear and definite: Decisions as to who can enter some countries and who can eventually gain citizenship status generally depends on issues of “race.”

In the United States, for example, immigration systems reflect and serve as the country’s official “racial” policies. This began long before Donald Trump, the would-be autocrat, stepped foot on the political scene with his xenophobic and racist terminology and policy initiatives.

“Race” as a determining factor

Looking back on the historical emergence of the concept of “race,” critical race theorists remind us that this concept arose concurrently with the advent of European exploration as a justification for conquest and domination of the globe beginning in the 15th century of the Common Era (CE) and reaching its apex in the early 20th century CE.

Geneticists tell us that there is often more variability within a given so-called “race” than between “races,” and that there are no essential genetic markers linked specifically to “race.” They assert, therefore, that “race” is a historical, “scientific,” biological myth, an idea, and that any socially conceived physical “racial” markers are fictional and are not concordant with what is beyond or below the surface of the body. 

Though biologists and social scientists have proven unequivocally that the concept of “race” is socially constructed (produced, manufactured), this does not negate the very real consequences people face living in societies that maintain racist policies and practices on the individual, interpersonal, institutional, and larger societal levels.

The British psychologist, Francis Galton (1822-1911) — a cousin of Charles Darwin — was a founder of the “eugenics” movement. In fact, Galton coined the term “eugenics” in 1883 from the Greek word meaning “well born.” Eugenicists attempted to improve the qualities of a so-called “race” by controlling human breeding. Galton argued that genetic predisposition determined human behavior.

He proposed that the so-called “elites” in the British Isles were the most intelligent of all the peoples throughout the planet, while “[t]he average intellectual standard of the Negro race is some two grades below our own [Anglo-Saxons]. The Australian type is at least one grade below the African Negro…” and “The Jews are specialized for a parasitical existence upon other nations.” 

Harry Hamilton Laughlin (1880-1943), U.S. eugenicist, became superintendent of the Eugenics Record Office from 1910 until 1939. He advocated for mandatory sterilization of “the unfit,” and he crafted his “model sterilization law” for the “uprooting of inborn defectiveness.” Most U.S. states passed sterilization laws, and as late as 1992, 22 states still had these on their books.

Germany passed its sterilization law in 1927, and in 1933, Adolph Hitler made it compulsory by passing the Law for the Prevention of Hereditarily Diseased Offspring. Hitler loosely based the German law on Laughlin’s model. Nazi Germany involuntarily sterilized approximately 350,000 of its citizens. Laughlin was awarded an honorary degree by the University of Heidelberg in 1936 for his work on behalf of the “science of racial cleansing.”

The U.S. writer, Madison Grant (1865-1937) codified a supposed “racialization” among European groups in his influential 1916 book, The Passing of the Great Race, or The Racial Basis for European History, in which he argued that Europeans comprised four distinct races:

The “Nordics” of northwestern Europe sat atop his racial hierarchy, whom Grant considered as the natural rulers and administrators, which accounted for England’s “extraordinary ability to govern justly and firmly the lower races.” Next down the racial line fell the “Alpines” whom Grant referred to as “always and everywhere a race of peasants” with a tendency toward “democracy” although submissive to authority.

These he followed with the “Mediterraneans” of Southern and Eastern Europe, inferior to both the Nordics and the Alpines in “bodily stamina,” but superior in “the field of art.” Also, Grant considered the Mediterraneans superior to the Alpines in “intellectual attainments,” but far behind the Nordics “in literature and in scientific research and discovery.” On the bottom he placed the most inferior of all the European so-called “races”: the Jews.

“The result of the mixture of two races, in the long run, gives us a race reverting to the more ancient generalization and lower type. The cross between a white man and an Indian is an Indian, the cross between a white man and a Negro is a Negro, the cross between a white man and a Hindu is a Hindu, and the cross between any of the three European races and a Jew is a Jew” he wrote.

Official immigration and naturalization policy

From the first day Europeans stepped foot on what has come to be known as “the Americas” up until this very day, decisions over who can enter the United States and who can eventually gain citizenship status have generally depended on issues of “race.” U.S. immigration systems have reflected and have served as this country’s official “racial” policies at any given point in time.

Europeans on the North and South American continents established their domination based on a program of exploitation, violence, kidnapping, and genocide against native populations. For example, the “Puritans” left England for the Americas to practice a “purer” form of Protestant Christianity.

They believed they were divinely chosen to form “a biblical commonwealth” with no separation between religion and government. They tolerated no other faiths or interpretations of divine precepts. In fact, they murdered and expelled Quakers, Catholics, and others.

The “American” colonies followed European perceptions of “race.” A 1705 Virginia statute, the “Act Concerning Servants and Slaves,” read: “[N]o negroes, mulattos or Indians, Jew, Moor, Mahometan [Muslims], or other infidel, or such as are declared slaves by this act, shall, notwithstanding, purchase any Christian (sic) white servant….”

In 1790, the newly constituted United States Congress passed the Naturalization Act, which excluded all nonwhites from citizenship, including Asians, enslaved Africans, and Native Americans, the latter whom they defined in oxymoronic terms as “domestic foreigners,” even though they had inhabited this land for thousands of years.

The Congress did not grant Native Americans rights of citizenship until 1924 with the passage of the Indian Citizenship Act, though Asians continued to be denied naturalized citizenship status.

They employed scriptural justification to support the institution of slavery. For example, Ephesians 6:5-6 in the Bible reads, “Slaves, obey your earthly masters with fear and trembling, in singleness of heart, as you obey Christ; not only while being watched, and in order to please them, but as slaves of Christ, doing the will of God from the heart.”

Later, Jefferson Davis, President of the Confederate states asserted, “[Slavery] was established by decree of Almighty God…it is sanctioned in the Bible, in both Testaments, from Genesis to Revelation…it has existed in all ages, has been found among the people of the highest civilization, and in nations of the highest proficiency in the arts.”

Central to the European-American conquest of territory was the concept of “Manifest Destiny,” providence that destined U.S. expansion from the Atlantic to the Pacific (“from sea to shining sea”) by the so-called “Anglo-Saxon race.” This justified in the mind of Europeans the theft of Indigenous people’s territories and a war with Mexico.

In reaction to increasing numbers of European immigrants into the country in the 1850s, a movement calling itself “The American Party” (also known as “The Know-Nothings”) formed to “purify” the country by limiting or ending Irish Catholic immigrants and others, and also ending the naturalization of those already here.

In 1875, Congress passed the Page Law, which specifically reduced the immigration of women from Asia.

Congress passed the first law specifically restricting or excluding immigrants based on “race” and nationality in 1882. In their attempts to eliminate entry of Chinese (and other Asian) workers who often competed for jobs with U.S. citizens, especially in the western United States, Congress passed the Chinese Exclusion Act to restrict their entry into the U.S. for a 10-year period, while denying citizenship to Chinese people already on these shores.

The Act also made it illegal for Chinese people to marry white or Black U.S. Americans. The Immigration Act of 1917 further prohibited immigration from Asian countries, in the terms of the law, the “barred zone,” including parts of China, India, Siam, Burma, Asiatic Russia, the Polynesian Islands, and parts of Afghanistan.

The so-called “Gentleman’s Agreement” between the U.S. and the Emperor of Japan of 1907, passed to reduce tensions between the two countries, expressly sought decrease immigration of Japanese workers into the U.S.

Between 1880 and 1920, in the range of 30-40 million immigrants from Eastern and Southern Europe migrated to the United States, more than doubling the population.

Fearing a continued influx of immigrants, legislators in the United States Congress in 1924 enacted the Johnson-Reed [anti-]Immigration Act (“Origins Quota Act,” or “National Origins Act”) setting restrictive quotas of immigrants from Asia and Eastern Europe, including those of the so-called “Hebrew race.”

Jews continued to be, even in the United States during the 1920s, constructed as nonwhite. The law, on the other hand, permitted large allotments of immigrants from Great Britain, Ireland, and Germany. This law, in addition to previous statutes (1882 against the Chinese, 1907 against the Japanese), halted further immigration from Asia, and excluded Blacks of African descent from entering the United States.

It is interesting to note that during this time, Jewish ethno-racial assignment was constructed as “Asian.” According to Sander Gilman,“Jews were called Asiatic and Mongoloid, as well as primitive, tribal, Oriental.” Immigration laws were changed in 1924 in response to the influx of these undesirable “Asiatic elements.”

In the Supreme Court case, Takao Ozawa vs. United States, a Japanese man, Takao Ozawa filed for citizenship under the Naturalization Act of 1906, which allowed white persons and persons of African descent or African nativity to achieve naturalization status.

Asians, however, were classified as an “unassimilable race” and, therefore, not entitled to U.S. citizenship. Ozawa attempted to have Japanese people classified as “white” since he claimed he had the requisite white skin. The Supreme Court, in 1922, however, denied his claim and, therefore, his U.S. citizenship.

In 1939, the United States Congress refused to pass the Wagner-Rogers Bill, which if enacted would have permitted entry to the United States of 20,000 children from Eastern Europe, many of whom were Jewish, over existing quotas. Laura Delano Houghteling, cousin of President Franklin Delano Roosevelt and wife of the U.S. Commissioner of Immigration sternly warned, “20,000 charming children would all too soon, grow into 20,000 ugly adults.”

Also in 1939, on May 13, 937 Germans and other citizens from Eastern European nations — mostly all Jews fleeing Nazis brutality — booked passage on the German transatlantic ocean liner, St. Louis, from the port of Hamburg bound for Havana, Cuba. Most passengers had applied for U.S. visas, and they planned to wait in Cuba on their previously approved landing permits and temporary transit visas until U.S. officials accepted them into the U.S.

Even before embarking from Germany, the passengers became the source of bitter political cross-partisan rivalries in Cuba as several conservative politicians and newspapers demanded the immediate cessation of its policy of admitting Jewish refugees on its land. The Cuban government, therefore, reneged on its offer to honor the passengers’ landing permits when the St. Louis entered Cuban waters.

Faced with this unforeseen development, the ship’s captain, Gustav Schroeder, turned the St. Louis toward the Florida coast of the United States in hopes that U.S. government officials would allow passengers entry on refugee status by processing their visa applications.

Unfortunately, though, the political wars transpiring in Cuba on the plight of Jewish refugees were even more intense in the United States. Within the United States, President Roosevelt succumbed to conservative political pressure by following his immigration officials’ decision to deny safe haven to the ship’s passengers.

The captain had no other choice than to turn his ship around back toward Europe. On route, knowing that returning to Germany meant certain death for his passengers, he negotiated with several governments, whereby Great Britain allowed entry of 288, the Netherlands admitted 181, Belgium took 214, and France took 224.

By the end of the war, the U.S. Holocaust Memorial Museum estimates that all but one in Great Britain survived, approximately half of the remainder on the continent, 278, survived the Holocaust, and 254 died: 84 who had been in Belgium; 84 in Holland, and 86 who had been admitted to France.

Following U.S. entry into World War II at the end of 1942, reflecting the tenuous status of Japanese Americans, some born in the United States, military officials uprooted and transported approximately 110,000 Japanese Americans to Internment (Concentration) Camps within several interior states far from the shores. Not until Ronald Reagan’s administration did the U.S. officially apologize to Japanese Americans and to pay reparations amounting to $20,000 to each survivor as part of the 1988 Civil Liberties Act.

Finally, in 1952, the McCarran-Walters Act overturned the “racially” discriminatory quotas of the 1924 Johnson-Reed Act. Framed as an amendment to the McCarran-Walters Act, the Immigration and Nationality Act of 1965 removed “natural origins” as the basis of U.S. immigration legislation.

The 1965 law increased immigration from Asian and Latin American countries and religious backgrounds, permitted 170,000 immigrants from the Eastern Hemisphere (20,000 per each country), 120,000 from the Western Hemisphere, and accepted a total of 300,000 visas for entry into the country.

The 1965 Immigration Law, however, was certainly not the last we saw “race” used as a qualifying factor. The Arizona legislature passed and Governor Jan Brewer signed SB 1070, which mandates that police officers stop and question people about their immigration status if they even suspect that they may be in this country illegally, and criminalizes undocumented workers who do not possess an “alien registration document.”

If we learn anything from our immigration legislative history, we can view the current debates as providing a great opportunity to pass comprehensive federal reform based not on “race,” nationality, ethnicity, religion, or other social identity categories, but rather, on humane principles of fairness, compassion, and equity.

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