Lyndon Johnson and the Immigration and Naturalization Act of 1964
The Immigration and Nationality Act of 1965 (also known as the Hart-Cellar Act) was a piece of legislation passed during the Johnson administration changed the way immigration quotas were set. It ended the National Origins Formula that had been in place since 1921, abolishing the quota system based on national origins that had been the existing American immigration policy. The new law maintained the per-country limits, but it also created preference visa categories that focused on immigrants' skills and family relationships with citizens or U.S. residents. The bill also limited the number of visas issued at 170,000 per year, with a per-country-of-origin quota, but these did not apply to relatives of U.S. citizens.
Previously,the law restricted immigration from Asia and Africa, and gave preference to northern and western Europeans over southern and eastern Europeans. In the 1960s, the United States faced pressures to change its nation-based formula. In 1952, President Harry Truman had directed the Commission on Immigration and Naturalization to investigate and report on the current immigration regulations. The commission produced a report, entitled "Whom We Shall Welcome" and it formed the basis of the Hart-Celler Act. President John F. Kennedy called the quota system "nearly intolerable" and after Kennedy's assassination, President Lyndon Johnson followed up on this by signing the bill at the foot of the Statue of Liberty.
The Act continued the prohibition on the entry into the country of "sexual deviants", and this was defined to include homosexuals. It allowed the INS to reject entry by prospective GBLT immigrants on the grounds that they were considered to be "mentally defective". (The Immigration Act of 1990 rescinded the provision discriminating against gay people.)
One of the main components of the 1965 law was the elimination of national origin, race, and ancestry as basis for immigration.
It created a seven-category preference system, which gave priority to relatives of U.S. citizens and legal permanent residents and to professionals and other individuals with specialized skills. Immediate relatives and "special immigrants" were not subject to quota restrictions. It also contained a provision which required the Secretary of Labor to certify labor shortages in fields that were given preferences. Refugees were given the seventh and last category preference, but refugees could enter the United States through other means as well like those seeking temporary asylum.
The Hart-Celler Act had broad support in Congress. Senator Philip A. Hart introduced the immigration bill which was backed by the Johnson administration. Representative Emanuel Celler introduced the bill in the House of Representatives, which voted 320 to 70 in favor of the act, while the Senate passed the bill by a vote of 76 to 18. In the Senate, 52 Democrats voted yes, 14 no, and 1 abstained. Among Senate Republicans, 24 voted yes, 3 voted no, and 1 abstained. In the House, 202 Democrats voted yes, 60 voted no and 12 abstained, 118 Republicans voted yes, 10 voted no and 11 abstained. Most of the no votes were from legislators from southern states.
On October 3, 1965, President Lyndon B. Johnson signed the legislation into law. He told his audience that the previous system "violates the basic principle of American democracy, the principle that values and rewards each man on the basis of his merit as a man. It has been un-American in the highest sense, because it has been untrue to the faith that brought thousands to these shores even before we were a country". Johnson called the bill "not a revolutionary bill. It does not affect the lives of millions."
Secretary of State Dean Rusk predicted that the bill would not affect US demographic mix. This later proved to be incorrect, as the ethnic composition of immigrants changed following the passage of the law. Specifically, the nation saw increased numbers of people to migrate to the United States from Asia, Africa, the Middle East, and Southern and Eastern Europe. Prior to 1965, 68 percent of legal immigrants came from Europe and Canada. However, in the years 1971-1991, immigrants from Hispanic and Latin American countries made up 47.9 percent of immigrants (with Mexico accounting for 23.7 percent) and immigrants from Asia 35.2 percent. Immigrants constituted 11 percent of the total U.S. population growth between 1960 and 1970, growing to 33 percent from 1970-80, and to 39 percent from 1980-90. The Latin American population dramatically increased since 1965. It is estimated that by the year 2042, minority groups, led by Hispanic Americans (mainly Mexican Americans), Black Americans, Asian Americans, Native Americans, and Pacific Islander Americans would together outnumber non-Hispanic White Americans. The resulting diversity has been embraced and welcomed by some groups, and criticized by others.
Previously,the law restricted immigration from Asia and Africa, and gave preference to northern and western Europeans over southern and eastern Europeans. In the 1960s, the United States faced pressures to change its nation-based formula. In 1952, President Harry Truman had directed the Commission on Immigration and Naturalization to investigate and report on the current immigration regulations. The commission produced a report, entitled "Whom We Shall Welcome" and it formed the basis of the Hart-Celler Act. President John F. Kennedy called the quota system "nearly intolerable" and after Kennedy's assassination, President Lyndon Johnson followed up on this by signing the bill at the foot of the Statue of Liberty.
The Act continued the prohibition on the entry into the country of "sexual deviants", and this was defined to include homosexuals. It allowed the INS to reject entry by prospective GBLT immigrants on the grounds that they were considered to be "mentally defective". (The Immigration Act of 1990 rescinded the provision discriminating against gay people.)
One of the main components of the 1965 law was the elimination of national origin, race, and ancestry as basis for immigration.
It created a seven-category preference system, which gave priority to relatives of U.S. citizens and legal permanent residents and to professionals and other individuals with specialized skills. Immediate relatives and "special immigrants" were not subject to quota restrictions. It also contained a provision which required the Secretary of Labor to certify labor shortages in fields that were given preferences. Refugees were given the seventh and last category preference, but refugees could enter the United States through other means as well like those seeking temporary asylum.
The Hart-Celler Act had broad support in Congress. Senator Philip A. Hart introduced the immigration bill which was backed by the Johnson administration. Representative Emanuel Celler introduced the bill in the House of Representatives, which voted 320 to 70 in favor of the act, while the Senate passed the bill by a vote of 76 to 18. In the Senate, 52 Democrats voted yes, 14 no, and 1 abstained. Among Senate Republicans, 24 voted yes, 3 voted no, and 1 abstained. In the House, 202 Democrats voted yes, 60 voted no and 12 abstained, 118 Republicans voted yes, 10 voted no and 11 abstained. Most of the no votes were from legislators from southern states.
On October 3, 1965, President Lyndon B. Johnson signed the legislation into law. He told his audience that the previous system "violates the basic principle of American democracy, the principle that values and rewards each man on the basis of his merit as a man. It has been un-American in the highest sense, because it has been untrue to the faith that brought thousands to these shores even before we were a country". Johnson called the bill "not a revolutionary bill. It does not affect the lives of millions."
Secretary of State Dean Rusk predicted that the bill would not affect US demographic mix. This later proved to be incorrect, as the ethnic composition of immigrants changed following the passage of the law. Specifically, the nation saw increased numbers of people to migrate to the United States from Asia, Africa, the Middle East, and Southern and Eastern Europe. Prior to 1965, 68 percent of legal immigrants came from Europe and Canada. However, in the years 1971-1991, immigrants from Hispanic and Latin American countries made up 47.9 percent of immigrants (with Mexico accounting for 23.7 percent) and immigrants from Asia 35.2 percent. Immigrants constituted 11 percent of the total U.S. population growth between 1960 and 1970, growing to 33 percent from 1970-80, and to 39 percent from 1980-90. The Latin American population dramatically increased since 1965. It is estimated that by the year 2042, minority groups, led by Hispanic Americans (mainly Mexican Americans), Black Americans, Asian Americans, Native Americans, and Pacific Islander Americans would together outnumber non-Hispanic White Americans. The resulting diversity has been embraced and welcomed by some groups, and criticized by others.