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Immigration and Nationality Services Act of 1965

 

Immigration and Nationality Services Act of 1965

Immigration and Nationality Act of 1965
Long title An Act to amend the Immigration and Naturalization Act, and for other purposes.
Nickname(s) Hart-Celler Act
Enacted by the  89th United States Congress
Effective June 30, 1968
Citations
Public Law Stat. 79 911
Codification
Act(s) amended Immigration and Nationality Act of 1952
Title(s) amended 8 U.S.C.: Aliens and Nationality
U.S.C. section(s) amended ch. 6 § 201
Legislative history
  • Introduced in the House of Representatives as H.R. 2580 by Rep. Emanuel Celler (D-NY) on
  • Committee consideration by: Judiciary
  • Passed the House on August 25, 1965 (318-95)
  • Passed the Senate on September 22, 1965 (76-18)
  • Reported by the joint conference committee on ; agreed to by the House on September 30, 1965 (320-70) and by the on ()
  • Signed into law by President Lyndon B. Johnson on October 3, 1965

The Immigration and Nationality Act of 1965 (Hart-Celler Act, INS, Act of 1965, Massachusetts.

The Hart-Celler Act abolished the national origins quota system that was American immigration policy since the 1920s, replacing it with a preference system that focused on immigrants' skills and family relationships with citizens or U.S. residents. Numerical restrictions on visas were set at 170,000 per year, with a per-country-of-origin quota, not including immediate relatives of U.S. citizens, nor "special immigrants" (including those born in "independent" nations in the Western Hemisphere, former citizens, ministers, and employees of the U.S. government abroad).[1]

Background

The 1965 act marked a radical break from the immigration policies of the past. The law as it stood then excluded Latin Americans, Asians and Africans and preferred northern and western Europeans over southern and eastern ones.[2] At the height of the civil rights movement of the 1960s the law was seen as an embarrassment by, among others, President John F. Kennedy, who called the then-quota-system "nearly intolerable".[3] After Kennedy's assassination, President Lyndon Johnson signed the bill at the foot of the Statue of Liberty as a symbolic gesture.

In order to convince the American people - the majority of whom were opposed to the act - of the legislation's merits, its proponents assured that passage would not influence America's culture significantly. President Johnson called the bill "not a revolutionary bill. It does not affect the lives of millions",[4] while Secretary of State Dean Rusk estimated only a few thousand Indian immigrants over the next five years, and other politicians, including Senator Ted Kennedy, hastened to reassure the populace that the demographic mix would not be affected; these assertions would later prove wildly inaccurate.[5]

In line with earlier immigration law, the bill also prohibited the entry into the country of "sexual deviants", including homosexuals. By doing so it crystallized the policy of the INS that had previously been rejecting homosexual immigrants on the grounds that they were "mentally defective" or had a "constitutional psychopathic inferiority".[6]

Congressional consideration


The House of Representatives voted 320 to 70 in favor of the act, while the Senate passed the bill by a vote of 76 to 18. In the senate, 52 Democrats voted yes, 14 no, and 1 abstained. Of the Republicans, 24 voted yes, 3 voted no, and 1 abstained.[7] The House voted 320-70 to pass the 1965 Immigration & Naturalization Act with 202 Democrats voting yes, 60 no and 12 not voting, 117 Republicans voting yes, 10 no and 11 not voting. One unknown representative voted yes.[8] In total, 74% of Democrats and 85% of Republicans voted for passage of this bill. Most of the no votes were from the American South, which was then still strongly Democratic. On October 3, 1965, President Lyndon B. Johnson signed the legislation into law, saying "This [old] system violates the basic principle of American democracy, the principle that values and rewards each man on the basis of his merit as a man. It has been un-American in the highest sense, because it has been untrue to the faith that brought thousands to these shores even before we were a country".[9]

Long-term results

Immigration changed America's demographics, opening the doors to immigrants from Asia, Africa, and the Middle East. The Latin American population also dramatically increased since 1965, though this was more due to the various unexpected results of this act rather than due to this act itself (it is worth noting that this act introduced immigration quotas to Latin America, whereas there were previously no immigration quotas from the Western Hemisphere; also see National Origins Formula).[10] By the 1990s, America's population growth was more than one-third driven by legal immigration and substantially augmented by illegal immigration, primarily from Latin America and other parts of the developing world. Before passage of the Hart-Celler Act, immigration accounted for only ten percent of population increase in the U.S. Ethnic and racial minorities, as defined by the US Census Bureau, rose from 25 percent of the US population during the year 1990 to 30 percent in the year 2000 and to 36.6 percent as measured by the results from the 2010 census.[11] Similarly, during the same time period the non-Hispanic white population in the United States decreased from 75 percent of the overall US population in 1990 to 70 percent in 2000 and finally to 63.4 percent during the year 2011.[11] It is estimated that by the year 2042, white people not referring to themselves as Hispanic will no longer constitute a majority but rather only a plurality of the population of the United States. Non-white groups, led by Hispanic Americans (mainly Mexican Americans), Black Americans, Asian Americans, Native Americans, and Pacific Islander Americans would together outnumber non-Hispanic White Americans. According to the 2000 census, roughly 11.1 percent of the American population was foreign-born, a major increase from the low of 4.7 percent in 1970. A third of the foreign-born were from Latin America and a fourth from Asia. The passage of the Hart-Celler Act contributed to increased illegal immigration from Latin America, especially Mexico, since the unlimited legal bracero program previously in place was eliminated.

The waves of immigrants have encountered both possibilities and problems. Many immigrants have been able to take advantage of the abundance of opportunities in the U.S., although some immigrant groups continue to face major challenges. For example, Asian Indians in the U.S. have a higher average income and lower poverty rate than the national average, while Vietnamese Americans (mostly from refugee backgrounds) have median earnings less than the national average and a higher poverty rate.[12] Asians and Pacific Islanders (including international students from Asia) constituted 30 percent of the student population in California's public universities by 2000, and over 38% of the student population by 2011. Immigration helped stimulate the Sunbelt boom. The problems have centered on questions of multicultural identity as opposed to the melting-pot idea, debates on the economic impact of immigration, impact of illegal immigration, and fears of becoming a polyglot nation with English not the primary language.[13]

See also

References

External links

  • Immigration Policy in the United States (2006), Congressional Budget office.
  • Immigration and Nationality Act (2011) HTML version

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