Donald Trump, by proposing his immigration policies of excluding Muslims and building a high wall on our border with Mexico, while draconian as well as unconstitutional, falls squarely within the general outlines of how U.S. government leaders have traditionally treated and represented the “other.”
Though politicians and members of their constituencies argue immigration policy from seemingly infinite perspectives and sides, one point stands clear and definite: decisions as to who can enter this country and who can eventually gain citizenship status generally depends of issues of “race,” for U.S. immigration systems reflect and serve as the country’s official “racial” policies.
Looking back on the historical emergence of the concept of “race,” critical race theorists remind us that this concept arose concurrently with the advent of European exploration as a justification for conquest and domination of the globe beginning in the 15th century of the Common Era (CE) and reaching its apex in the early 20th century CE.
Geneticists tell us that there is often more variability within a given so-called “race” than between “races,” and that there are no essential genetic markers linked specifically to “race.” They assert, therefore, that “race” is an historical, “scientific,” biological myth, an idea, and that any socially-conceived physical “racial” markers are fictional and are not concordant with what is beyond or below the surface of the body.
Though biologists and social scientists have proven unequivocally that the concept of “race” is socially constructed (produced, manufactured), however, this does not negate the very real consequences people face living in societies that maintain racist policies and practices on the individual, interpersonal, institutional, and larger societal levels.
Official Immigration and Naturalization Policy
In the “American” colonies, 1705 Virginia statute, the “Act Concerning Servants and Slaves,” read:
“[N]o negroes, mulattos or Indians, Jew, Moor, Mahometan [Muslims], or other infidel, or such as are declared slaves by this act, shall, notwithstanding, purchase any christian (sic) white servant….”
In 1790, the newly constituted United States Congress passed the Naturalization Act, which excluded all nonwhites from citizenship, including Asians, enslaved Africans, and Native Americans, the later whom they defined in oxymoronic terms as “domestic foreigners,” even though they had inhabited this land for an estimated 35,000 years. The Congress did not grant Native Americans rights of citizenship until 1924 with the passage of the Indian Citizenship Act, though Asians continued to be denied naturalized citizenship status.
Congress passed the first law specifically restricting or excluding immigrants on the basis of “race” and nationality in 1882. In their attempts to eliminate entry of Chinese (and other Asian) workers who often competed for jobs with U.S. citizens, especially in the western United States, Congress passed the Chinese Exclusion Act to restrict their entry into the U.S. for a 10-year period, while denying citizenship to Chinese people already on these shores.
The Act also made it illegal for Chinese people to marry white or black U.S.-Americans. The Immigration Act of 1917 further prohibited immigration from Asian countries, in the terms of the law, the “barred zone,” including parts of China, India, Siam, Burma, Asiatic Russia, the Polynesian Islands, and parts of Afghanistan.
The so-called “Gentleman’s Agreement” between the U.S. and the Emperor of Japan of 1907, in an attempt to reduce tensions between the two countries, passed expressly to decrease immigration of Japanese workers into the U.S.