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Asian Americans and U.S. Law (Tanaka)

Contextual Timeline

The following timeline of some relevant dates in U.S. history may help place the cases in this chapter in context.

  • Article 1, Section 9 of the U.S. Constitution prevented the U.S. Congress from restricting the slave trade
    • “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.”
  • January 1, 1808 – the "Act Prohibiting the Importation of Slaves" took effect, with a penalty of up to $20,000. International traders continued to illegally bring enslaved persons into the U.S., and the domestic sale of enslaved persons continued to be legal.
  • 1850s – thousands of Chinese workers migrate to the U.S., finding work in gold mines, agriculture, manufacturing, and the railroad industry; in response, California began restricting Chinese residents from certain occupations, business ownership, etc.
  • 1860 – nearly 4 million enslaved persons were present in the U.S.
  • January 1, 1863 – the Emancipation Proclamation took effect, declaring all enslaved people in the Confederacy to be free
  • June 19, 1865 – the effective end of slavery occurred when federal troops arrived in Galveston, Texas, and announced the end of slavery
  • December 18, 1865 – the 13th Amendment outlawed slavery and involuntary servitude, except as punishment for a crime
  • 1870 - aliens of African nativity and persons of African descent were added to free white persons as eligible for US citizenship (later codified in sec. 2169 Revised Statutes)
  • 1875 – the Page Act banned recruitment of laborers from “China, Japan or any Oriental country,” and “the importation of women for the purposes of prostitution”; as a result, invasive and degrading “medical” examinations were forced on women attempting to immigrate
  • 1882 – the Chinese Exclusion Act (Immigration Act of 1882) is passed, suspending immigration of Chinese laborers, and, with later amendments, restricting travel of Chinese persons residing in the U.S.
  • 1898 - treaty of peace between U.S. and Spain gives Congress authorization to determin political status of native inhabitants of Philippine Islands
  • 1918 - allows naturalization for some native-born Philippinos, Puerto Ricans, and aliens, on petition, and naturalization of servicemen under a simpler process 
  • 1924 – the Asian Exclusion Act excluded all persons who were not eligible for naturalization; because prior laws excluded persons of Asian lineage from naturalizing, this law prevent virtually all Asian immigration
  • 1943 – the various exclusion acts were repealed, allowing immigration with an annual limit of 105 Chinese immigrants