List of United States immigration laws explained

Many acts of Congress and executive actions relating to immigration to the United States and citizenship of the United States have been enacted in the United States. Most immigration and nationality laws are codified in Title 8 of the United States Code.

Acts of Congress

YearTitleDescriptionPublic law
1790Naturalization Act of 1790Established the rules for naturalized citizenship, as per Article 1, Section 8 of the Constitution, but placed no restrictions on immigration. Citizenship was limited to white persons, with no other restriction on non-whites. Note: this is a restriction on naturalization (voting and office-holding), not on immigration.
1795Naturalization Act of 1795Lengthened required residency to become citizen. Again, this is a restriction on naturalization, not on immigration.
1798Naturalization Act of 1798Extended the duration of residence required for immigrants to become citizens to 14 years.
1798Alien Friends ActAuthorized the president to deport any resident immigrant considered "dangerous to the peace and safety of the United States." It was activated June 25, 1798, with a two-year expiration date.
1798Alien Enemies ActAuthorized the president to apprehend and deport resident aliens if their home countries were at war with the United States of America. Enacted July 6, 1798, and providing no sunset provision, the act remains intact today as 50 U.S.C. § 21
1802Naturalization Law of 1802Repealed the Naturalization Act of 1798.
1819Steerage Act of 1819Required ship captains to report on all passengers entering the United States by port.
1855Carriage of Passengers Act of 1855
1864An Act to Encourage ImmigrationThe first major law to encourage immigration
1866Civil Rights Act of 1866Established birthright citizenship in the United States
1866Sent the Fourteenth Amendment to the United States Constitution for ratification by the states. The amendment was ratified in 1868, establishing birthright citizenship as constitutional law under the Citizenship Clause.
1868Expatriation Act of 1868Affirmed the right to relinquish American nationality.
1870Naturalization Act of 1870
  • Extended the naturalization process to "aliens of African nativity and to persons of African descent."
  • Other non-whites were not included in this act and remained excluded from naturalization, per the Naturalization Act of 1790
1875Page Act of 1875
  • The first federal immigration law and prohibited the entry of immigrants considered as "undesirable"
  • The law classified as "undesirable" any individual from Asia who was coming to America to be a contract laborer
  • Strengthen the ban against "coolie" laborers, by imposing a fine of up to $2,000 and maximum jail sentence of one year upon anyone who tried to bring a person from China, Japan, or any oriental country to the United States "without their free and voluntary consent, for the purpose of holding them to a term of service"
1882Chinese Exclusion Act
  • Restricted immigration of Chinese laborers for 10 years.
  • Prohibited Chinese naturalization.
  • Provided deportation procedures for illegal Chinese.
  • Marked the birth of illegal immigration (in America).[1]
  • The Act was "a response to racism [in America] and to anxiety about threats from cheap labor [from China]."[2]
1882Passenger Act of 1882
1882Immigration Act of 1882
  • Imposed a 50 cent head tax to fund immigration officials.
1885Alien Contract Labor LawProhibited the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States
1887Payson Act of 1887Restricted ownership of land to citizens and those undergoing naturalization.
1888Scott ActProhibited Chinese people that had resided in America from returning after leaving.
1888Authorized the federal government to deport unauthorized immigrants within one year of their entry.
1891Immigration Act of 1891
  • First comprehensive immigration laws for the US.
  • Bureau of Immigration set up in the Treasury Dept.[3]
  • Immigration Bureau directed to deport unlawful aliens.
  • Empowered "the superintendent of immigration to enforce immigration laws".[4]
  • Prohibited polygamists and those with contagious diseases from entering the United States.
  • Expanded immigration enforcement to land borders.
1892Geary ActExtended and strengthened the Chinese Exclusion Act.
1893Required additional information about individuals entering the United States.
1903Immigration Act of 1903 (Anarchist Exclusion Act)Added four inadmissible classes: anarchists, people with epilepsy, beggars, and importers of prostitutes
1906Naturalization Act of 1906
  • Standardized naturalization procedures
  • Made some knowledge of English a requirement for citizenship
  • Established the Bureau of Immigration and Naturalization
1907Immigration Act of 1907Restricted immigration for certain classes of disabled and diseased people
1907Expatriation Act of 1907
1917Immigration Act of 1917 (Barred Zone Act)Restricted immigration from Asia by creating an "Asiatic Barred Zone" and introduced a literacy test for all immigrants over sixteen years of age, with certain exceptions for children, wives, and elderly family members.
1917Jones–Shafroth ActIncluded a provision extending birthright citizenship to anyone born in Puerto Rico after April 11, 1899.
1918Immigration Act of 1918Expanded on the provisions of the Anarchist Exclusion Act.
1920Passport Act of 1920
1921Emergency Quota Act
  • Limited the number of immigrants a year from any country to 3% of those already in the US from that country as per the 1910 census, establishing the National Origins Formula.

"An unintended consequence of the 1920s legislation was an increase in illegal immigration. Many Europeans who did not fall under the quotas migrated to Canada or Mexico, which [as Western Hemisphere nations] were not subject to national-origin quotas; [and] subsequently they slipped into the United States illegally."[5]

1922The Cable Act of 1922 (Married Women's Independent Nationality Act)Reversed former immigration laws regarding marriage, also known as the Married Women's Citizenship Act or the Women's Citizenship Act. Previously, a woman lost her US citizenship if she married a foreign man, since she assumed the citizenship of her husband, a law that did not apply to men who married foreign women. The law repealed sections 3 and 4 of the Expatriation Act of 1907.
1924Immigration Act of 1924 (Johnson-Reed Act)
  • Created the United States Border Patrol.
  • Imposed first permanent numerical limit on immigration.
  • Began a national-origin quota system.
  • Total annual immigration was capped at 150,000. Immigrants fit into two categories: those from quota-nations and those from non-quota nations.
  • Immigrant visas from quota-nations were restricted to the same ratio of residents from the country of origin out of 150,000 as the ratio of foreign-born nationals in the United States. The percentage out of 150,000 was the relative number of visas a particular nation received.
  • Non-quota nations, notably those contiguous to the United States only had to prove an immigrant's residence in that country of origin for at least two years prior to emigration to the United States.
  • Laborers from Asiatic nations were excluded but exceptions existed for professionals, clergy, and students to obtain visas.
1924Indian Citizenship ActGranted citizenship to Native Americans in the United States.
1926Passport Act of 1926
1934Tydings–McDuffie ActGranted independence to the Philippines territory. Recognized all Filipinos as foreigners. Established a quota of 50 Filipino immigrants annually.
1934Equal Nationality Act of 1934
  • Allowed foreign-born children of American mothers and alien fathers who had entered America before age 18 and lived in America for five years to apply for American citizenship for the first time.
  • Made the naturalization process quicker for American women's alien husbands.
1940Alien Registration Act (Smith Act)Included a requirement that non-citizen residents register with the government and be fingerprinted.
1940Nationality Act of 1940Pertains chiefly to "Nationality at Birth," Nationality through Naturalization," and "Loss of Nationality"
1943Chinese Exclusion Repeal Act of 1943 (Magnuson Act)Repealed the Chinese Exclusion Act and permitted Chinese nationals already in the country to become naturalized citizens. A quota of 105 new Chinese immigrants were allowed into America per year.
1944Renunciation Act of 1944
1945War Brides ActExempted spouses and children of American service-members from immigration quota restrictions.
1946Alien Fiancées and Fiancés ActExtended the War Brides Act to citizens of the Philippines and India.
1946Luce–Celler ActIncreased the quota from the Philippines and India to 100 immigrants annually. Permitted Filipino and Indian immigrants to be naturalized.
1947Extended the War Brides Act to Japan and Korea.
1948Displaced Persons ActGranted permanent residence to displaced persons from Europe.
1950Lodge–Philbin Act
1952Immigration and Nationality Act (McCarran-Walter Act)
  • Set a quota for aliens with skills needed in the US.
  • Increased the power of the government to deport illegal immigrants suspected of Communist sympathies.
1953Refugee Relief Act
1958Facilitated permanent immigrant status for refugees from the Hungarian Revolution of 1956.
1960Authorized resettlement of certain refugees.
1961Immigration and Nationality Act Amendments of 1961
1962Migration and Refugee Assistance Act
1965Immigration and Nationality Act of 1965 (Hart-Celler Act)
  • Repealed the national-origin quotas.
  • Initiated a visa system for family reunification and skills.
  • Set a quota for Western Hemisphere immigration.
  • Set a 20k country limit for Eastern Hemisphere aliens.
1966Cuban Adjustment ActCuban nationals who enter, or were already present in the United States, legal status.
1970
1974Increased funding for border enforcement facilities from $100,000 to $200,000.
1974Repealed 8 U.S.C. 331–339.
1975Indochina Migration and Refugee Assistance ActAdmitted refugees from South Vietnam, Laos, and Cambodia and funded relocation programs.
1975Granted certain immigrant children adopted by unmarried citizens the same immigration status as such children adopted by married citizens.
1976Set a quota of 170,000 annual immigrants from the Western Hemisphere and 120,000 annual immigrants from the Eastern Hemisphere.
1978Eliminated the hemispheric quota system for immigration. Established the Select Commission on Immigration and Refugee Policy.
1978Required approval by an adoption agency before an immigrant visa is issued for international adoption. Removed the cap on the number of alien children that can be adopted. Eased naturalization requirements for adopted children.
1978Banned the entry of any person that carried out persecution under the government of Nazi Germany.
1980Refugee Act
  • Created a policy for admitting refugees with the United Nations’ definition of refugees
  • Set an annual cap of 50,000 refugees.
1980
1981Immigration and Nationality Act Amendments of 1981
1982Virgin Islands Nonimmigrant Alien Adjustment Act of 1981Granted resident status to certain non-citizens that have resided in the Virgin Islands since 1975.
1982Gave priority to visas for residents of Korea, Vietnam, Laos, Cambodia, and Thailand that were fathered by American citizens.
1982Refugee Assistance Amendments of 1982
1986Authorized each state governor to select two residents of their state to be naturalized on Ellis Island.
1986Authorized crewmen of foreign fishing vessels to temporarily enter Guam as nonimmigrant aliens.
1986Immigration Reform and Control Act (Simpson–Mazzoli Act)
  • Started sanctions for knowingly hiring illegal aliens.
  • Provided amnesty to illegal aliens already in the US.[6]
  • Increased border enforcement.
  • Made it a crime to hire an illegal immigrant
  • Created a path to permanent residency for some unauthorized immigrant workers[7]
  • Created the H-2A visa for seasonal agricultural workers
1986Refugee Assistance Extension Act of 1986
1986Immigration Marriage Fraud Amendments of 1986
1986Immigration and Nationality Act Amendments of 1986
1988American Homecoming ActPrioritized immigration of Vietnamese children with American fathers.
1988Immigration Technical Corrections Act of 1988
1988Immigration Amendments of 1988Authorized an additional 25,000 visas for immigrants from certain countries in FY1989 and FY1990.
1989Immigration Nursing Relief Act of 1989
1990Posthumous Citizenship for Active Duty Service Act of 1989Authorized posthumous citizenship for noncitizen servicemembers of the United States Armed Forces killed in the line of duty.
1990Immigration Act of 1990
  • Increased legal immigration ceilings.
  • Created a diversity admissions category.
  • Tripled the number of visas for priority workers and professionals with U.S. job offers [8]
1991Extended special temporary protected status for Salvadorans.
19911991 Armed Forces Immigration Adjustment ActGranted special immigration status to immigrants that served in the United States Armed Forces for at least 12 years.
1991Miscellaneous and Technical Immigration and Naturalization Amendments of 1991
1992Chinese Student Protection Act of 1992Codified Executive Order 12711 into law, establishing permanent residence for certain Chinese nationals.
1992Soviet Scientists Immigration Act of 1992Authorized special admission of 750 scientists from the former Soviet Union.
1993Authorized funds for refugee assistance.
1994Immigration and Nationality Technical Corrections Act of 1994
1995Amended the Immigration and Nationality Act to redefine legitimate and illegitimate children.
1996Omnibus Appropriations Act, 1997
1996Extended authorized stay for certain non-citizen nurses.
1997Eliminated the certificate of citizenship transition rule applicable to certain children born outside the United States.
1997Religious Workers Act of 1997Extended the special migrant religious worker program through FY1999.
1997Included the Nicaraguan Adjustment and Central American Relief Act, which provided benefits to immigrants from certain countries.
1997Exempted internationally adopted children under age 10 from the immunization requirement.
1997Funded refugee and entrant assistance.
1998American Competitiveness and Workforce Improvement Act
1998Visa Waiver Pilot Program Reauthorization Act of 1997Extended the visa waiver pilot program and extended it to nationals of countries with a visa refusal rate of less than 3%.
1998Extended the deadline for the implementation of an automated entry and exit control system for non-citizens.
1998Irish Peace Process Cultural and Training Program Act of 1998
1999Extended the processing period for visa applicants suspended following the 1998 United States embassy bombings.
1999Nursing Relief for Disadvantaged Areas Act of 1999
2000American Competitiveness in the 21st Century Act
2000
2000Granted child status to non-citizens adopted under the age of 18 when adopted with a sibling under the age of 16.
2000Hmong Veterans' Naturalization Act of 2000
2000Immigration and Naturalization Service Data Management Improvement Act of 2000
2000Increased filing fees for employers petitioning for H-1B visas.
2000Kids 2000 Act
2000Granted permanent resident status to 2,000 Syrian nationals.
2000Victims of Trafficking and Violence Protection Act of 2000
2000Child Citizenship Act of 2000
2000Visa Waiver Permanent Program Act
2000International Patient Act of 2000Authorized visa extensions for individuals undergoing medical treatment.
2000Religious Workers Act of 2000Extended the special immigrant religious worker program of the Immigration and Nationality Act.
2000Amended the Hmong Veterans' Naturalization Act to apply to certain spouses of deceased Hmong veterans.
2000Granted exemptions for the oath of renunciation and allegiance for immigrants that are unable to understand or communicate an understanding of the oath.
2000Bring Them Home Alive Act of 2000Granted refugee status to nationals of certain Asian and European countries in exchange for the safe return of an American POW or MIA.
2000Granted special immigrant status for 100 broadcasting employees annually.
2000Legal Immigration Family Equity Act (LIFE Act)
2001Indefinitely extended a provision regarding nonimmigrants with S visas that possess information regarding criminal activity.
2002Authorized nonimmigrant spouses of E visa recipients to work in the United States.
2002Authorized nonimmigrant spouses of L visa recipients to work in the United States. Reduced the required duration of employment to apply for L visas from one year to six months.
2002Basic Pilot Extension Act of 2001Extended pilot programs of the Illegal Immigration Reform and Immigrant Responsibility Act.
2002Family Sponsor Immigration Act of 2002
2002Enhanced Border Security and Visa Entry Reform Act of 2002
  • Provided for more Border Patrol agents.
  • Requires that schools report foreign students attending classes.
  • Stipulates that foreign nationals in the US will be required to carry IDs with biometric technology.[10]
2002
2002Child Status Protection Act
2002Extended the Irish Peace Process Cultural and Training Program Act through FY2006.
2002Persian Gulf War POW/MIA Accountability Act of 2002Granted refugee status to nationals of Middle Eastern countries in exchange for the safe return of an American POW or MIA.
2002Border Commuter Student Act of 2002Created a special classification for Canadian and Mexican nationals that commute to the United States for study.
2002Homeland Security Act of 2002
  • Moved all transportation, customs, immigration, and border security agencies to operate under the Department of Homeland Security.
  • Requires agencies to share information and coordinate efforts in relation to national security and border control.
  • Stipulates which agencies are responsible for which duties in relation to immigration and border security.
  • Outlines specific requirements on handling of children in immigration and border issues.
2003Extended the special immigrant religious worker program through FY2008.
2003Basic Pilot Program Extension and Expansion Act of 2003Extended pilot programs of the Illegal Immigration Reform and Immigrant Responsibility Act.
2004Extended the requirement of installation of equipment to process documents with biometric identifiers in all ports of entry by one year.
2004
2004Consolidated Appropriations Act, 2005Included the H-1B Visa Reform Act of 2004.
2004
2005REAL ID Act
  • Required use of IDs meeting certain security standards to enter government buildings, board planes, open bank accounts.
  • Created more restrictions on political asylum
  • Severely curtailed habeas corpus relief for immigrants
  • Increased immigration enforcement mechanisms
  • Altered judicial review
  • Established national standards for state driver licenses.
  • Cleared the way for the building of border barriers.
2005International Marriage Broker Regulation Act
2006Secure Fence Act of 2006Authorized the construction of fencing along the Mexico–United States border.
2006Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005Reauthorized the H-1C visa program through 2009.
2006COMPETE Act of 2006Expanded the definition of athletes and entertainers for P-1 visas.
2007Physicians for Underserved Areas ActExtended the J-1 visa program through June 1, 2008.
2007Admitted an additional 500 immigration applicants for Iraqi and Afghan translators working with the United States.
2008Made minor adjustments to special immigrant status for Iraqis employed by the United States.
2008Kendell Frederick Citizenship Assistance ActSimplified the fingerprinting process during naturalization.
2008Extended the J-1 visa waiver program through March 2009 and increased the number of foreign physicians from five to ten in state facilities.
2008Military Personnel Citizenship Processing ActEstablished the Office of the FBI Liaison in the DHS to support expedited processing of naturalization applications for members of the Armed Forces and their families.
2008Special Immigrant Nonminister Religious Worker Program ActExtended the special immigrant program through March 2009.
2009Extended the special immigrant program and the J-1 visa waiver program through FY2009.
2010International Adoption Simplification Act
2010Appropriated emergency funds for border security.
2010Help HAITI Act of 2010Granted permanent resident status to 1,400 Haitians orphans that were adopted in the United States.
2011Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011
2011Tolled the periods of time to file a petition and appear for an interview to remove the conditional basis for permanent resident status during active-duty service.
2012Extended several immigration programs by three years.
2012Created a reciprocal non-immigrant investor program with Israel.
2012Jaime Zapata Border Enforcement Security Task Force ActCreated the Border Enforcement Security Task Force within the Department of Homeland Security.
2012Recognized employment of contract with the American military as contributing toward the residency requirement for naturalization.
2013Extended authorization for Iraqi citizens to be granted special immigrant status for service during the Iraq War.
2014Accuracy for Adoptees Act
2014Emergency Afghan Allies Extension Act of 2014Authorized special immigrant visas for Afghan citizens that supported the United States in the War in Afghanistan.
2015Adoptive Family Relief Act
2017Asia-Pacific Economic Cooperation Business Travel Cards Act of 2017
2015Knowledgeable Innovators and Worthy Investors Act (KIWI Act)Created a reciprocal non-immigrant investor program with New Zealand.
2019Northern Mariana Islands Long-Term Legal Residents Relief ActGranted resident status to certain non-citizens that have resided in the Northern Mariana Islands since 2009.
2019Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019Provided emergency spending on border security for FY2019.
2020Citizenship for Children of Military Members and Civil Servants ActGuaranteed that the children of U.S. citizens working abroad for the government in civilian or military service are granted citizenship.
2021Securing America's Ports Act
2022Shadow Wolves Enhancement ActRecognized the Shadow Wolves as ICE special agents.

Executive actions

YearTitleDescription
1954Operation WetbackImmigration and Naturalization Service roundup and deportation of illegal immigrants in selected areas of California, Arizona, and Texas along the border. The U.S. Border Patrol later reported that more than 1.3 million people were deported or left the U.S. voluntarily under the threat of deportation in 1954.[11]
1990Executive Order 12711Deferred deportation of Chinese nationals in response to the 1989 Tiananmen Square protests and massacre. Later codified into law under the Chinese Student Protection Act.
2012On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.[12] As of 2018, the Trump administration was attempting to phase out the program, but was at least temporarily blocked by several lawsuits.

See also

Further reading

External links

Notes and References

  1. http://www.americanheritage.com/articles/web/20070507-chinese-exclusion-act-california-chester-a-arthur-immigration-san-francisco-earthquake-of-1906-paper-sons.shtml Chinese Laborers Work on a Railroad
  2. James P. Smith and Barry Edmonston, Eds. The New Americans: Economic, Demographic, and Fiscal Effects of Immigration, (1997). The National Academic Press. page 23, 3rd paragraph. .
  3. Protection, Not Punishment: Legislative and Judicial formation of U.S. Deportation Policy, 1882-19044. Hester. Torrie. 2010. Journal of American Ethnic History. 30 . 11–36 . 10.5406/jamerethnhist.30.1.0011 .
  4. Book: 2 Background to Contemporary U.S. Immigration - The New Americans: Economic, Demographic, and Fiscal Effects of Immigration - The National Academies Press. 1997. 10.17226/5779. 978-0-309-06356-2.
  5. James P. Smith and Barry Edmonston, Eds. The New Americans: Economic, Demographic, and Fiscal Effects of Immigration, (1997). The National Academic Press. page 26, 4th paragraph. .
  6. http://www.numbersusa.com/interests/amnesty.html Until 1986 the US had never forgiven the act of illegal immigration.
  7. Web site: How U.S. immigration laws and rules have changed through history. 2020-07-13. Pew Research Center. en-US.
  8. Immigration Act of 1990 (enacted November 29, 1990.)
  9. The Tax Code as Nationality Law. Michael S.. Kirsch. Harvard Journal on Legislation. 43. 2. 375–436. 2006. 2012-05-18.
  10. Rubén Martínez. The New Americans. (New York: The New Press, 2004). Page 22.
  11. http://www.csmonitor.com/2006/0706/p09s01-coop.html How Eisenhower solved illegal border crossings from Mexico
  12. Web site: The Reasoning and Implementation of the Decision. myattorneyusa.com. en. 2018-01-25.