Immigration and Naturalization Act of 1965
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The Immigration and Naturalization Act is a federal immigration law. Also known as the Hart-Celler Act, the law eliminated the national origins quota system, which had set limits on the numbers of individuals from any given nation who could immigrate to the United States. The act was signed into law by President Lyndon B. Johnson (D) on October 3, 1965, and took effect on June 30, 1968.[1]
Background
National origins quota system
- See also: Immigration and Nationality Act of 1952
According to the United States Department of State Office of the Historian, "the Immigration Act of 1924 limited the number of immigrants allowed entry into the United States through a national origins quota." The act provided for the granting of immigration visas to 2 percent of the total number of people of each nationality in the United States, calculated as of the 1890 census. Immigrants from Asia were barred under this system. Quotas were not applied to immigrants from the Western Hemisphere. The Immigration Act of 1924 was also known as the Johnson-Reed Act.[2]
The Immigration and Nationality Act of 1952, also known as the McCarran-Walter Act, modified the national origins quota system introduced by the Immigration Act of 1924, rescinding the earlier law's prohibition on Asian immigration. Under the 1952 law, national origins quotas were set at one-sixth of 1 percent of each nationality's population the United States as of the 1920 census. At the time of enactment, the law provided for the issuance of 154,277 visas under the quota system. Immigrants from the Western Hemisphere continued to be excluded from the quota system, as were the non-citizen husbands of American citizens (non-citizen wives of American citizens had been exempted from the quota system earlier).[3][4]
Legislative history
The United States House of Representatives approved the Immigration and Nationality Act by a vote of 318-95 on August 25, 1965. The United States Senate approved an amended version of the bill by a vote of 76-18 on September 22, 1965. The House voted to adopt the Senate's version of the bill by a vote of 320-70 on September 30, 1965. President Lyndon B. Johnson (D) signed the Immigration and Nationality Act into law on October 3, 1965.[1][5]
Provisions
Eliminating national origins quotas
The Immigration and Naturalization Act of 1965 eliminated the national origins quota systems established by earlier legislation. In lieu of national origins quotas, the Immigration and Naturalization Act of 1965 established consistent per-country ceilings (i.e., no country was subject to a higher or lower limit than any other country). The law mandated that "no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence."[1][6]
The Immigration and Naturalization Act and subsequent legislation established worldwide limits on immigration to the United States. As of August 2016, according to the American Immigration Council, this limit was set at 675,000 permanent immigrants. Immediate relatives of U.S. citizens and refugees were exempted from this limit. As of August 2016, the per-country ceiling was set at 7 percent of the total number of people immigrating to the United States in a fiscal year.[6]
Preference categories
Family preferences
The Immigration and Naturalization Act of 1965 and subsequent legislation established preference categories for individuals seeking visas to reunite with their families in the United States. These categories are listed below in descending order, which the highest preference category listed first:[1][6]
- Immediate relatives (including spouses, unmarried minor children, and parents) of U.S. citizens
- Unmarried adult children of U.S. citizens
- Spouses and minor children of lawful permanent residents
- Unmarried adult children of lawful permanent residents
- Married adult children of U.S. citizens
- Brothers and sisters of U.S. citizens
Professional preferences
The Immigration and Naturalization Act of 1965 and subsequent legislation established professional preference categories for individuals seeking visas. These categories are listed below in descending order, which the highest preference category listed first:[1][6]
- "Persons of extraordinary ability" in the arts, sciences, education, business, or athletics
- Individuals holding advanced degrees or possessing "exceptional abilities in the arts, science, or business"
- Skilled workers with a minimum of two years of training or experience; unskilled laborers for permanent positions
- Other special classes of immigrants, including religious workers, employees of U.S. foreign services posts, and former U.S. government employees
- Individuals investing between $500,000 and $1 million "in a job-creating enterprise that employs at least 10 full-time U.S. workers"
Support and opposition
Support
President Lyndon B. Johnson (D), in a statement he delivered upon signing the Immigration and Naturalization Act, argued that the law established more equitable criteria for determining entry into the United States than previous national origins quota systems:[7]
| “ | This bill that we will sign today is not a revolutionary bill. It does not affect the lives of millions. It will not reshape the structure of our daily lives, or really add importantly to either our wealth or our power. Yet it is still one of the most important acts of this Congress and of this administration. ... This bill says simply that from this day forth those wishing to immigrate to America shall be admitted on the basis of their skills and their close relationship to those already here.[8] | ” |
| —President Lyndon B. Johnson | ||
Representative John Lindsay (R) described his support for the bill and his opposition to prior quota systems in the context of America's involvement in the Vietnam War:[9]
| “ | This nation has committed itself to the defense of the independence of South Vietnam. Yet the quota for that country of 1.5 million is exactly 100. Apparently we are willing to risk a major war for the right of the Vietnamese people to live in freedom at the same time as our quota system makes it clear that we do not not want very great numbers of them to live with us.[8] | ” |
| —John Lindsay | ||
Opposition
Representative William Miller (R) opposed the Immigration and Naturalization Act, arguing that it would exacerbate existing unemployment issues by encouraging an influx of immigrants to the United States:[10]
| “ | We estimate that if the President gets his way, and the current immigration laws are repealed, the number of immigrants next year will increase threefold and in subsequent years will increase even more ... shall we, instead, look at this situation realistically and begin solving our own unemployment problems before we start tackling the world's?[8] | ” |
| —William Miller | ||
Myra C. Hacker, vice president of the New Jersey Coalition, echoed these sentiments in testimony delivered at a United States Senate immigration subcommittee hearing in February 1965:[10]
| “ | In light of our 5 percent unemployment rate, our worries over the so called population explosion, and our menacingly mounting welfare costs, are we prepared to embrace so great a horde of the world's unfortunates? At the very least, the hidden mathematics of the bill should be made clear to the public so that they may tell their Congressmen how they feel about providing jobs, schools, homes, security against want, citizen education, and a brotherly welcome ... for an indeterminately enormous number of aliens from underprivileged lands.[8] | ” |
| —Myra C. Hacker | ||
Impact
Numbers of lawful permanent residents
The chart and table below present information about the total number of individuals obtaining lawful permanent resident status in the United States by fiscal year. The Immigration and Naturalization Act of 1965 took full effect in 1968.[11]
| Number of individuals obtaining lawful permanent resident status, 1965-2015 | |
|---|---|
| Year | Number of individuals |
| 2015 | 1,051,031 |
| 2014 | 1,016,518 |
| 2013 | 990,553 |
| 2012 | 1,031,631 |
| 2011 | 1,062,040 |
| 2010 | 1,042,625 |
| 2009 | 1,130,818 |
| 2008 | 1,107,126 |
| 2007 | 1,052,415 |
| 2006 | 1,266,129 |
| 2005 | 1,122,257 |
| 2004 | 957,883 |
| 2003 | 703,542 |
| 2002 | 1,059,356 |
| 2001 | 1,058,902 |
| 2000 | 841,002 |
| 1999 | 644,787 |
| 1998 | 653,206 |
| 1997 | 797,847 |
| 1996 | 915,560 |
| 1995 | 720,177 |
| 1994 | 803,993 |
| 1993 | 903,916 |
| 1992 | 973,445 |
| 1991 | 1,826,595 |
| 1990 | 1,535,872 |
| 1989 | 1,090,172 |
| 1988 | 641,346 |
| 1987 | 599,889 |
| 1986 | 600,027 |
| 1985 | 568,149 |
| 1984 | 541,811 |
| 1983 | 550,052 |
| 1982 | 533,624 |
| 1981 | 595,014 |
| 1980 | 524,295 |
| 1979 | 394,244 |
| 1978 | 589,810 |
| 1977 | 458,755 |
| 1976 | 499,093 |
| 1975 | 385,378 |
| 1974 | 393,919 |
| 1973 | 398,515 |
| 1972 | 384,685 |
| 1971 | 370,478 |
| 1970 | 373,326 |
| 1969 | 358,579 |
| 1968 | 454,448 |
| 1967 | 361,972 |
| 1966 | 323,040 |
| Source: U.S. Department of Homeland Security, "Table 1. Persons Obtaining Lawful Permanent Resident Status: Fiscal Years 1820 to 2015," accessed March 16, 2017 | |
Unemployment rates
The chart and table below present information about unemployment rates in the United States from 1965 to 2015. The Immigration and Naturalization Act of 1965 took full effect in 1968.[12]
| Unemployment rates, 1965-2015 | |
|---|---|
| Year | Unemployment rate[13] |
| 2015 | 5% |
| 2014 | 5.6% |
| 2013 | 6.7% |
| 2012 | 7.9% |
| 2011 | 8.5% |
| 2010 | 9.3% |
| 2009 | 9.9% |
| 2008 | 7.3% |
| 2007 | 5% |
| 2006 | 4.4% |
| 2005 | 4.9% |
| 2004 | 5.4% |
| 2003 | 5.7% |
| 2002 | 6% |
| 2001 | 5.7% |
| 2000 | 3.9% |
| 1999 | 4% |
| 1998 | 4.4% |
| 1997 | 4.7% |
| 1996 | 5.4% |
| 1995 | 5.6% |
| 1994 | 5.5% |
| 1993 | 6.5% |
| 1992 | 7.4% |
| 1991 | 7.3% |
| 1990 | 6.3% |
| 1989 | 5.4% |
| 1988 | 5.3% |
| 1987 | 5.7% |
| 1986 | 6.6% |
| 1985 | 7% |
| 1984 | 7.3% |
| 1983 | 8.3% |
| 1982 | 10.8% |
| 1981 | 8.5% |
| 1980 | 7.2% |
| 1979 | 6% |
| 1978 | 6% |
| 1977 | 6.4% |
| 1976 | 7.8% |
| 1975 | 8.2% |
| 1974 | 7.2% |
| 1973 | 4.9% |
| 1972 | 5.2% |
| 1971 | 6% |
| 1970 | 6.1% |
| 1969 | 3.5% |
| 1968 | 3.4% |
| 1967 | 3.8% |
| 1966 | 3.8% |
| 1965 | 4% |
| Source: United States Department of Labor, "Labor Force Statistics from the Current Population Survey: Unemployment rate," accessed March 16, 2017 | |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Government Publishing Office, "Immigration and Naturalization Act of 1965," accessed March 16, 2017
- ↑ U.S. Department of State Office of the Historian, "The Immigration Act of 1924," accessed March 14, 2017
- ↑ U.S. Department of State Office of the Historian, "The Immigration and Nationality Act of 1952," accessed March 14, 2017
- ↑ Pew Research Center, "Chapter 1: The Nation’s Immigration Laws, 1920 to Today," September 28, 2015
- ↑ GovTrack, "H.R. 2580 (89th): An Act to amend the Immigration and Nationality Act, and for other purposes – Votes," accessed March 16, 2017
- ↑ 6.0 6.1 6.2 6.3 American Immigration Council, "How the United States Immigration System Works," August 12, 2016
- ↑ LBJ Presidential Library, "President Lyndon B. Johnson's Remarks at the Signing of the Immigration Bill, Liberty Island, New York," October 3, 1965
- ↑ 8.0 8.1 8.2 8.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Migration Policy Institute, "The Geopolitical Origins of the U.S. Immigration Act of 1965," February 5, 2015
- ↑ 10.0 10.1 Center for Immigration Studies, "Three Decades of Mass Immigration: The Legacy of the 1965 Immigration Act," September 1995
- ↑ U.S. Department of Homeland Security, "Table 1. Persons Obtaining Lawful Permanent Resident Status: Fiscal Years 1820 to 2015," accessed March 16, 2017
- ↑ United States Department of Labor, "Labor Force Statistics from the Current Population Survey: Unemployment rate," accessed March 16, 2017
- ↑ To facilitate comparison, all rates are from December of the year indicated.
