Jonah Patel
The Hart-Celler Act, or the Immigration and Nationality Act of 1965, was a landmark piece of legislation that significantly altered the face of immigration in the United States. The Act was a response to the national-origins quota system that had been in place since the 1920s, which restricted immigration based on race and ethnicity, favouring immigrants from European nations. The Hart-Celler Act ended this race-based quota system and gave rise to large-scale immigration from diverse regions, including Asia, Latin America, and the Caribbean. While it was intended to be a symbolic gesture towards anti-discrimination and creating an open immigration policy, the Act had far-reaching consequences, leading to a significant increase in immigration and a diversification of the American population that reshaped the country.
| Characteristics | Values |
|---|---|
| Year of passing | 1965 |
| Other names | Immigration and Nationality Act |
| Date of signing | 3 October 1965 |
| Location of signing | Liberty Island |
| Person who signed | President Lyndon Johnson |
| Previous immigration laws repealed | 1921 national-origins quota law, 1924 Johnson-Reed Act |
| Previous immigration laws barred immigration from | Asian countries, Southern and Eastern Europe, Africa |
| Immigration based on | Family reunification, employment |
| Visa categories | Family-based, employment-based, refugee protection, Diversity Visa Lottery |
| Family-based visa cap | 480,000 |
| Employment-based visa cap | 140,000 |
| Number of immigrants entering the U.S. after 1965 | Rose from 250,000 in the 1950s to 700,000 by the 1980s |
| Current percentage of non-white Americans | Over one-third |
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What You'll Learn
The Hart-Celler Act's impact on immigration policy
The Hart-Celler Act, or the Immigration and Nationality Act of 1965, had a profound impact on immigration policy in the United States, with its effects still felt today. The Act was introduced by Senators Philip Hart and Emanuel Celler and signed into law by President Lyndon B. Johnson on October 3, 1965.
The most significant impact of the Act was ending the national-origins quota system for immigration that had been in place since the 1920s. This system, based on race and ethnicity, heavily favoured immigration from Western and Northern European countries, with nearly 70% of immigration slots going to Northern Europeans. The Hart-Celler Act removed racial and national discrimination in immigration policy, opening entry to immigrants from all over the world, particularly Asia and Latin America. This resulted in a significant alteration to the demographic mix in the United States, with an increase in immigration from non-European countries.
The Act also established a preference system based on family reunification and employment. Family reunification was prioritized over employability, with the belief that this would maintain the existing ethnic profile of the country. This resulted in chain migration becoming a dominant pattern of immigration. The Act created five family-based admissions categories, ranked based on family relationships, and five employment-based categories.
The Hart-Celler Act had unintended consequences, with the number of new lawful permanent residents rising from 297,000 in 1965 to an average of about 1 million each year since the mid-2000s. This increase in legal immigration was accompanied by a rise in unauthorized entries, particularly across the US-Mexico border. The Act also sparked a nativist reaction, with the growth of an anti-immigrant movement. Despite these unanticipated outcomes, the Hart-Celler Act remains a defining piece of legislation, shaping the legal immigration system in the United States even decades later.
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The Act's legislative history
The Hart-Celler Act, officially known as the Immigration and Nationality Act of 1965, was signed into law by President Lyndon B. Johnson on October 3, 1965. The Act was introduced in January 1965 and passed with strong bipartisan support in both the Senate and the House, despite opposition from Southern conservatives.
The Act was based on a draft bill sent to Congress by President John F. Kennedy in 1963, which was introduced by Senator Philip Hart and Congressman Emanuel Celler. However, due to opposition from conservative Congressmen, its passage was stalled. With the support of the Johnson administration, Celler and Hart reintroduced the bill in 1965, and it was swiftly passed by Congress.
The Hart-Celler Act ended the national-origins quota system that had been in place since the 1920s, which restricted immigration to the United States primarily to European immigrants, with 70% of immigration slots going to Northern Europeans. The Act replaced this system with a preference for immigrants who had family members already in the US, leading to an increase in immigration from Asia, Latin America, Eastern Europe, and the Caribbean.
The passage of the Hart-Celler Act was a significant moment in American history, as it ended race-based immigration restrictions and contributed to the diversification of the country. While the Act was intended to create the appearance of an open immigration policy, it actually resulted in a "transformed population of unprecedented diversity," as family reunification became the driving force in US immigration. The Act continues to shape today's legal immigration system, with family-based admissions comprising two-thirds of legal immigration.
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The Act's legacy in the decades that followed
The Hart-Celler Act of 1965 has had a profound and lasting impact on US immigration policy and the country's demographic makeup. The Act abolished the national-origins quota system, which had been in place since the 1920s, and replaced it with a preference for immigrants with family ties to US citizens, those with sought-after skills, and refugees. This shift marked a significant break from the past and set in motion a process of diversification that continues to this day.
In the decades that followed, the US saw a notable increase in immigration from Asia and Latin America, with the percentage of Asian immigrants rising from 12.9% between 1960-70 to 37.3% between 1980-90. Immigration from Africa also increased, albeit on a smaller scale, from 0.6% between 1951-60 to 2.4% in 1981-90. This shift in the demographic makeup of immigrants contributed to the "`browning`" of America and sparked a nativist reaction, with the rise of an anti-immigrant movement.
The Hart-Celler Act also had unintended consequences, including an increase in illegal immigration, particularly from Latin America. This led to concerns about the impact of immigration on US society and culture, and efforts to restrict access to public services for undocumented immigrants, such as the passage of Proposition 187 in California in 1994, which denied undocumented immigrants access to non-emergency healthcare and other benefits.
At the same time, a new immigrant rights movement emerged to advocate for the growing undocumented population. This movement engaged in legal battles to protect the rights of immigrants, such as their access to education and healthcare. The Act's legacy is thus complex and multifaceted, shaping not only the demographic makeup of the US but also the political and social landscape, with ongoing debates and conflicts over immigration policy and the rights of immigrants.
The Hart-Celler Act continues to be a pivotal piece of legislation in US history, influencing not just immigration trends but also the cultural, social, and economic fabric of the nation. It serves as a reminder of the far-reaching consequences of immigration policy and the ongoing struggle for equality and acceptance in American society.
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The Act's role in shaping American society
The Hart-Celler Act, or the Immigration and Nationality Act of 1965, has played a significant role in shaping American society. The Act ended race and ethnicity-based immigration restrictions, marking a departure from decades of increasingly restrictive immigration policies. By repealing national-origins quotas in place since the 1920s, the Act opened the doors to large-scale immigration from diverse regions, including Eastern Europe, Asia, Latin America, and the Caribbean. This shift in immigration patterns had a profound impact on the demographic makeup of the United States, leading to what has been described as the "browning" of America.
Prior to the Act, the United States was predominantly white, with a small percentage of Black and Latino populations. The Act's preference for family reunification and its impact on chain migration significantly contributed to the increasing diversity of the nation. Within a few decades of Hart-Celler, family unification became the primary driver of US immigration, with immigrants from various nationalities taking advantage of the law's provisions to bring their relatives to the country. As a result, the number of immigrants entering the US rose significantly, from around 250,000 in the 1950s to 700,000 by the 1980s.
The Hart-Celler Act also had unintended consequences, including a surge in unauthorized immigration. As border enforcement measures became more stringent, the costs and dangers of crossing the border increased, leading many seasonal migrants to settle permanently in the United States. This, coupled with the demand for low-wage workers, further contributed to the rise in unauthorized immigration. The Act also sparked a nativist reaction, with the emergence of an anti-immigrant movement alongside a new immigrant rights movement focused on advocating for the growing undocumented population.
The Hart-Celler Act continues to shape American society today. The US now welcomes about a million immigrants each year, reflecting a population connected to every corner of the globe. The Act's impact on family-based immigration remains a defining feature of today's legal immigration system, with family reunification still a critical factor in immigration policies. The Act's legacy is also evident in the ongoing debates and conflicts surrounding immigration, as seen in California's controversial Proposition 187, which aimed to restrict access to social services for undocumented immigrants.
Overall, the Hart-Celler Act's repeal of discriminatory immigration quotas and its emphasis on family reunification have had a transformative effect on American society. It has fostered a more diverse and multicultural nation, reshaping the demographic landscape and contributing to a more inclusive and interconnected United States.
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The Act's implications for immigrant rights
The Hart-Celler Act, or the Immigration and Nationality Act of 1965, had far-reaching implications for immigrant rights in the United States. The Act was signed into law by President Lyndon B. Johnson on October 3, 1965, and marked a significant shift in the country's immigration policy.
One of the most significant implications of the Hart-Celler Act was the abolition of the national origins quota system, which had been in place since the 1920s. This system heavily favoured immigration from European countries, particularly Western and Northern Europe, and restricted immigration from other parts of the world, especially Asia and Africa. By repealing this quota system, the Hart-Celler Act opened the door to immigration from non-European countries, significantly altering the demographic mix in the United States. This aspect of the Act was widely heralded as an anti-discrimination measure, as it ended an immigration policy based on race and ethnicity, replacing it with a system that prioritized family reunification, employment, and refugee status.
The Act established a preference system that gave priority to family reunification (75%), employment (20%), and refugees (5%). Spouses, minor children, and parents of US citizens or permanent residents were exempt from quotas and could immigrate without numerical restrictions. The Act also introduced caps on immigration from the Americas for the first time, with each country receiving an annual cap of 20,000.
The Hart-Celler Act had a significant impact on immigration patterns, leading to an increase in legal immigration from Asia and Latin America and a diversification of the US population. This, in turn, sparked a nativist reaction and the rise of an anti-immigrant movement. However, it also gave rise to a new immigrant rights movement, which advocated for the growing undocumented population. The Act also had unintended consequences, such as an increase in unauthorized immigration due to heightened border enforcement measures.
The Hart-Celler Act continues to shape the legal immigration system in the United States today. It set the main principles for immigration regulation, with family-based admissions and employment-based admissions comprising the majority of legal immigration. The Act's legacy is also seen in the Diversity Visa Lottery program, which aims to bring immigrants from underrepresented countries.
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Frequently asked questions
The Hart-Celler Act, or the Immigration and Nationality Act of 1965, ended national and race-based quotas for American immigration.
The Hart-Celler Act led to a significant increase in the number of immigrants entering the U.S., with the annual number rising from approximately 250,000 in the 1950s to 700,000 by the 1980s. It also resulted in a more diverse immigrant population, with large-scale immigration from Eastern Europe, Asia, Latin America, and the Caribbean.
The Hart-Celler Act was introduced in January 1965 and signed into law on October 3, 1965, by President Lyndon Johnson.
The Hart-Celler Act received bipartisan support, with majorities of both parties in the House and Senate voting in favour of the bill. It was opposed mainly by Southern conservatives.
The Hart-Celler Act was among the "Great Society" reforms enacted under the Lyndon B. Johnson administration. It was intended to create the appearance of an open immigration policy and remove the racial and ethnic biases of previous immigration policies.
