Immigration Act of 1965

The Immigration Act of 1965 (the Hart-Cellar Act), signed by President Lyndon Johnson, changed the structure and application of U.S. immigration policies. The act altered the requirements for admission into the United States by abolishing the quota system created 41 years earlier. The prior statute, known as the Immigration Act of 1924, grew out of fear that immigrants would occupy American jobs and corrupt American Christian values. It established a system of immigration that severely limited the number of immigrants admitted to the United States annually and excluded immigrants who were unable to obtain U.S. citizenship. The Naturalization Law of 1790 stipulated that only whites could obtain citizenship, thus excluding all those of Asian background, including Japanese. As a result, the Immigration Act of 1924 barred all Asian immigrants from entering the United States. Immigration reform emerged in 1952 when Congress passed the Immigration and Nationality Act (the McCarran-Walter Act), which President Harry Truman vetoed. Truman believed the quota system contradicted the goals of the United States, and in September 1952 he ordered a commission to make recommendations. Those recommendations included the abolition of the quota system and an increase in the maximum annual quota. Congress overturned the veto. The McCarran-Walter Act granted the president power to exclude any immigrant believed to be a threat to national security and increased the number of immigrants from Asian countries. This increase was minimal, raising the number from zero to 100 people per year. Additionally, fears over the threat of communism limited significantly the number of immigrants allowed in the country from nations under communist rule. The breakdown of the law was that those with family residing and holding citizenship in the United States made up 50 percent of immigrants allowed to enter the country. The other 50 percent, however, were those highly skilled in some trade that would aid America in some way. Still, despite minor modifications, the McCarran-Walter Act did little in the way of reforming the quota system. In many ways, the Immigration and Nationality Act resembled the Immigration Act of 1924, maintaining the quota system and low Asian numbers.

[Page 316]As tensions arose over civil liberties, it became apparent that past immigration policies proved racially and ethnically discriminatory. Such legislation as the Civil Rights Act of 1964 demonstrated the Johnson administration's desire to eradicate such discrimination. It was in response to this issue that the Immigration Act of 1965 was adopted. Other factors, such as calls for immigration reform, also played a role in its passage. Prior to its adoption, President John F. Kennedy had intended to reduce the quotas by 20 percent every year, as well as making a number of other changes. Due to internal conflict in Congress, however, the proposed legislation died along with President Kennedy in 1963. Despite such setbacks, the Johnson administration was able to promote and pass the Immigration Act of 1965.

Effective December 1, 1965, the Immigration Act abolished immigration quotas and placed a cap on overall hemispheric immigration. The cap on visas for immigrants coming from the Eastern Hemisphere was 170,000, and from the Western Hemisphere, 120,000. The act further required that the number of visas granted each year not exceed 20,000 for any country in the Eastern Hemisphere. The hemispheric caps, however, would be abolished in 1976 and replaced by a global ceiling. The 1976 statute granted 290,000 visas per year, with a 20,000-visa cap per country. In addition, on the same day he signed the Immigration Act of 1965, President Johnson granted an open invitation to Cubans trying to flee from the communist rule of Fidel Castro. This invitation has caused approximately 17,400 Cubans to enter the United States annually since that time. Furthermore, Cold War tensions played a significant role in the shaping of immigration policy. By admitting immigrants previously ignored or seen as a national threat, the United States was demonstrating the kindness of America and democracy. In a time when communism seemed an international threat, this positive aspect of American democracy, Johnson hoped, would shift sympathies in America's favor.

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