Magnuson Act: Difference between revisions

Magnuson Act
Long title	An Act to repeal the Chinese Exclusion Acts, to establish quotas, and for other purposes.
Acronyms (colloquial)	CERA
Nicknames	Chinese Exclusion Repeal Act of 1943
Enacted by	the 78th United States Congress
Effective	December 17, 1943
Citations
Public law	Pub. L.Tooltip Public Law (United States) 78–199
Statutes at Large	57 Stat. 600
Codification
Acts repealed	Chinese Exclusion Act
Titles amended	8 U.S.C.: Aliens and Nationality
U.S.C. sections amended	8 U.S.C. ch. 7 §§ 262-297 & 299
Legislative history
	Introduced in the House as H.R. 3070 by Warren Magnuson (D–WA) on October 7, 1943; Committee consideration by House Immigration and Naturalization, Senate Immigration and Naturalization; Passed the House on October 21, 1943 (Passed); Passed the Senate on November 26, 1943 (Passed); Signed into law by President Franklin D. Roosevelt on December 17, 1943;

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The Chinese Exclusion Repeal Act of 1943, also known as the Magnuson Act, was an immigration law proposed by U.S. Representative (later Senator) Warren G. Magnuson of Washington and signed into law on December 17, 1943, in the United States.^[1] It allowed Chinese immigration for the first time since the Chinese Exclusion Act of 1882, and permitted some Chinese immigrants already residing in the country to become naturalized citizens. However, in many states, Chinese Americans (mostly immigrants but sometimes U.S. citizens) were denied property-ownership rights either by law or de facto until the Magnuson Act itself was fully repealed in 1965.^[2]

This act is the first legislation since 1870 which relaxed racial and national immigration barriers in the United States and started the way to the completely non-racial immigration legislation and policy of the late 1960s.

The Magnuson Act was passed on December 17, 1943, two years after the Republic of China became an official allied nation of the United States in World War II. Although considered a positive development by many, it was still restrictive, limiting Chinese immigrants to an annual quota of 105 new entry visas. The quota was determined according to the National Origins Formula prescribed by the Immigration Act of 1924, which set immigration quotas on countries subject to the law as a fraction of 150,000 in proportion to the number of inhabitants of that nationality residing in the United States as of the 1920 census, which for China was determined to be 0.07%, or 105 per annum.^[3]^[4] Chinese immigration later increased with the passage of the Immigration and Nationality Act of 1965, which abolished the National Origins Formula.^[5]^[6]^[7]

References[edit]

^ Peters, Peters; Woolley, John T. "Franklin D. Roosevelt: "Statement on Signing the Bill to Repeal the Chinese Exclusion Laws.," December 17, 1943". The American Presidency Project. University of California - Santa Barbara.
^ "An Unnoticed Struggle" (PDF). Japanese American Citizens League. 2008. Archived from the original (PDF) on 2010-06-13. Retrieved 2014-02-05.
^ Beaman, Middleton (July 1924). "CURRENT LEGISLATION: The Immigration Act of 1924". American Bar Association Journal. 10 (7). American Bar Association: 490–492. JSTOR 25709038. Retrieved October 18, 2021.
^ "Immigration, Emigration, and Citizenship" (PDF). Statistical Abstract of the United States: 1944-45. (66th ed.). Washington, D.C.: U.S. Department of Commerce, Bureau of the Census: 107–120. October 1945. Archived from the original (PDF) on July 15, 2021. Retrieved October 18, 2022.
^ "Comparison of Asian Populations during the Exclusion Years" (PDF). Retrieved 2014-02-05.
^ Chang, Iris (2003). The Chinese in America. New York: Viking. ISBN 0-670-03123-2.^{[page needed]}
^ Wei, William. "The Chinese-American Experience: An Introduction". HarpWeek. Archived from the original on 2014-01-26. Retrieved 2014-02-05.

[1] Peters, Peters; Woolley, John T. "Franklin D. Roosevelt: "Statement on Signing the Bill to Repeal the Chinese Exclusion Laws.," December 17, 1943". The American Presidency Project. University of California - Santa Barbara.

[2] "An Unnoticed Struggle" (PDF). Japanese American Citizens League. 2008. Archived from the original (PDF) on 2010-06-13. Retrieved 2014-02-05.

[ABA1924-3] Beaman, Middleton (July 1924). "CURRENT LEGISLATION: The Immigration Act of 1924". American Bar Association Journal. 10 (7). American Bar Association: 490–492. JSTOR 25709038. Retrieved October 18, 2021.

[statabstract1944-4] "Immigration, Emigration, and Citizenship" (PDF). Statistical Abstract of the United States: 1944-45. (66th ed.). Washington, D.C.: U.S. Department of Commerce, Bureau of the Census: 107–120. October 1945. Archived from the original (PDF) on July 15, 2021. Retrieved October 18, 2022.

[5] "Comparison of Asian Populations during the Exclusion Years" (PDF). Retrieved 2014-02-05.

[6] Chang, Iris (2003). The Chinese in America. New York: Viking. ISBN 0-670-03123-2.^{[page needed]}

[7] Wei, William. "The Chinese-American Experience: An Introduction". HarpWeek. Archived from the original on 2014-01-26. Retrieved 2014-02-05.

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+{{Short description|1943 US immigration law which repealed the Chinese Exclusion Act of 1882}}
 {{About|the Chinese Exclusion Repeal Act|the 1975 U.S. federal law dealing with consumer warranties|Magnuson–Moss Warranty Act|the 1976 U.S. federal law governing marine fisheries management|Magnuson–Stevens Fishery Conservation and Management Act|the Magnuson Act of 1950|Maritime security (USCG)}}
 {{Infobox U.S. legislation
-| shorttitle        = Magnuson Act
+| shorttitle = Magnuson Act
-| othershorttitles  =
+| othershorttitles =
-| longtitle         = An Act to repeal the Chinese Exclusion Acts, to establish quotas, and for other purposes.
+| longtitle = An Act to repeal the Chinese Exclusion Acts, to establish quotas, and for other purposes.
 | colloquialacronym = CERA
-| nickname          = Chinese Exclusion Repeal Act of 1943
+| nickname = Chinese Exclusion Repeal Act of 1943
-| enacted by        = 78th
+| enacted by = 78th
-| effective date    = December 17, 1943
+| effective date = December 17, 1943
-| public law url    =
+| public law url =
-| cite public law   = {{USPL|78|199}}
+| cite public law = {{USPL|78|199}}
 | cite statutes at large = {{usstat|57|600}}
-| acts amended    =
+| acts amended =
-| acts repealed   =
+| acts repealed = [[Chinese Exclusion Act]]
-| title amended   = [[Title 8 of the United States Code|8 U.S.C.: Aliens and Nationality]]
+| title amended = [[Title 8 of the United States Code|8 U.S.C.: Aliens and Nationality]]
 | sections created = <!--{{USC}} can be used-->
 | sections amended = {{Usc-title-chap|8|7}} §§ 262-297 & 299
-| leghisturl      =
+| leghisturl =
-| introducedin    = House
+| introducedin = House
-| introducedbill  = {{USBill|78|H.R.|3070}}
+| introducedbill = {{USBill|78|H.R.|3070}}
-| introducedby    = [[Warren Magnuson]] ([[Democratic Party (United States)|D]]–[[Washington (state)|WA]])
+| introducedby = [[Warren Magnuson]] ([[Democratic Party (United States)|D]]–[[Washington (state)|WA]])
-| introduceddate  = October 7, 1943
+| introduceddate = October 7, 1943
-| committees      = [[United States House Judiciary Subcommittee on Immigration and Border Security|House Immigration
+| committees = [[United States House Judiciary Subcommittee on Immigration and Border Security|House Immigration
 and Naturalization]], [[United States Senate Judiciary Subcommittee on Immigration and The National Interest|Senate Immigration and Naturalization]]
-| passedbody1     = House
+| passedbody1 = House
-| passeddate1     = October 21, 1943
+| passeddate1 = October 21, 1943
-| passedvote1     = Passed
+| passedvote1 = Passed
-| passedbody2     = Senate
+| passedbody2 = Senate
-| passedas2       = <!-- used if the second body changes the name of the legislation -->
+| passedas2 = <!-- used if the second body changes the name of the legislation -->
-| passeddate2     = November 26, 1943
+| passeddate2 = November 26, 1943
-| passedvote2     = Passed
+| passedvote2 = Passed
-| conferencedate  =
+| conferencedate =
-| passedbody3     =
+| passedbody3 =
-| passeddate3     =
+| passeddate3 =
-| passedvote3     =
+| passedvote3 =
-| agreedbody3     = <!-- used when the other body agrees without going into committee -->
+| agreedbody3 = <!-- used when the other body agrees without going into committee -->
-| agreeddate3     = <!-- used when the other body agrees without going into committee -->
+| agreeddate3 = <!-- used when the other body agrees without going into committee -->
-| agreedvote3     = <!-- used when the other body agrees without going into committee -->
+| agreedvote3 = <!-- used when the other body agrees without going into committee -->
-| agreedbody4     = <!-- used if agreedbody3 further amends legislation -->
+| agreedbody4 = <!-- used if agreedbody3 further amends legislation -->
-| agreeddate4     = <!-- used if agreedbody3 further amends legislation -->
+| agreeddate4 = <!-- used if agreedbody3 further amends legislation -->
-| agreedvote4     = <!-- used if agreedbody3 further amends legislation -->
+| agreedvote4 = <!-- used if agreedbody3 further amends legislation -->
-| passedbody4     =
+| passedbody4 =
-| passeddate4     =
+| passeddate4 =
-| passedvote4     =
+| passedvote4 =
 | signedpresident = [[Franklin D. Roosevelt]]
-| signeddate      = December 17, 1943
+| signeddate = December 17, 1943
+| amendments =
-| unsignedpresident = <!-- used when passed without presidential signing -->
+| SCOTUS cases =
-| unsigneddate    = <!-- used when passed without presidential signing -->
-| vetoedpresident = <!-- used when passed by overriding presidential veto -->
-| vetoeddate      = <!-- used when passed by overriding presidential veto -->
-| overriddenbody1 = <!-- used when passed by overriding presidential veto -->
-| overriddendate1 = <!-- used when passed by overriding presidential veto -->
-| overriddenvote1 = <!-- used when passed by overriding presidential veto -->
-| overriddenbody2 = <!-- used when passed by overriding presidential veto -->
-| overriddendate2 = <!-- used when passed by overriding presidential veto -->
-| overriddenvote2 = <!-- used when passed by overriding presidential veto -->
-| amendments      =
-| SCOTUS cases    =
 }}
-The '''Magnuson Act''', also known as the '''Chinese Exclusion Repeal Act of 1943''', was an [[immigration]] legislation proposed by U.S. Representative (later Senator) [[Warren G. Magnuson]] of [[Washington (state)|Washington]] and signed into law on December 17, 1943 in the United States.<ref>{{cite web |url= http://www.presidency.ucsb.edu/ws/?pid=16354 |title= Franklin D. Roosevelt: "Statement on Signing the Bill to Repeal the Chinese Exclusion Laws.," December 17, 1943 |author1=Peters, Gerhard |author2=Woolley, John T |publisher = University of California - Santa Barbara |work= The American Presidency Project}}</ref> It allowed Chinese immigration for the first time since the [[Chinese Exclusion Act (United States)|Chinese Exclusion Act]] of 1882, and permitted some Chinese immigrants already residing in the country to become [[naturalization |naturalized citizens]]. However, the Magnuson Act provided for the continuation of the ban against the ownership of property and businesses by ethnic Chinese. In many states, Chinese Americans (including US citizens) were denied property-ownership rights either by law or [[de facto]] until the Magnuson Act itself was fully repealed in 1965.<ref>{{cite web| url=http://www.jacl.org/public_policy/documents/An%20Unnoticed%20Struggle.pdf | archiveurl= https://web.archive.org/web/20100613102647/http://jacl.org/public_policy/documents/An%20Unnoticed%20Struggle.pdf |format=[[PDF]]| archivedate=2010-06-13 | title= An Unnoticed Struggle | year= 2008| publisher= [[Japanese American Citizens League]]|accessdate=2014-02-05}}</ref>
+The '''Chinese Exclusion Repeal Act of 1943''', also known as the '''Magnuson Act''', was an [[Immigration to the United States|immigration]] law proposed by U.S. Representative (later Senator) [[Warren G. Magnuson]] of [[Washington (state)|Washington]] and signed into law on December 17, 1943, in the United States.<ref>{{cite web|last1=Peters|first1=Peters|last2=Woolley|first2=John T.|title=Franklin D. Roosevelt: "Statement on Signing the Bill to Repeal the Chinese Exclusion Laws.," December 17, 1943|url=https://www.presidency.ucsb.edu/documents/statement-signing-the-bill-repeal-the-chinese-exclusion-laws|work=The American Presidency Project|publisher=University of California - Santa Barbara}}</ref> It allowed [[History of Chinese Americans|Chinese immigration]] for the first time since the [[Chinese Exclusion Act]] of 1882, and permitted some [[Chinese people|Chinese]] immigrants already residing in the country to become [[Citizenship of the United States#Naturalized citizenship|naturalized citizens]]. However, in many states, [[Chinese Americans]] (mostly immigrants but sometimes U.S. citizens) were denied property-ownership rights either [[De jure|by law]] or ''[[de facto]]'' until the Magnuson Act itself was [[Immigration and Nationality Act of 1965|fully repealed]] in 1965.<ref>{{cite web| url=http://www.jacl.org/public_policy/documents/An%20Unnoticed%20Struggle.pdf | archive-url= https://web.archive.org/web/20100613102647/http://jacl.org/public_policy/documents/An%20Unnoticed%20Struggle.pdf | archive-date=2010-06-13 | title= An Unnoticed Struggle | year= 2008| publisher= [[Japanese American Citizens League]]|access-date=2014-02-05}}</ref>
 This act is the first legislation since 1870 which relaxed racial and national immigration barriers in the United States and started the way to the completely non-racial immigration legislation and policy of the late 1960s.
-The Magnuson Act was passed on December 17, 1943, two years after China became an official [[allies of World War II|allied]] nation of the United States in [[World War II]]. Although considered a positive development by many, it was particularly restrictive of Chinese immigrants, limiting them to an annual quota of 105 new entry visas. The quota was supposedly determined by the [[Immigration Act of 1924]], which set immigration from qualifying countries at 2% of the number of people who were already living in the United States in 1890 of that nationality. However, the arrived-at number of 105 per annum granted to the Chinese was disproportionately low. (The quota should have been 2,150 per annum, as official census figures place the population of ethnic Chinese living in the US in 1890 at 107,488 persons.<ref>{{cite web| url= http://www.udel.edu/readhistory/resources/2005_2006/summer_06/hsu.pdf| format= [[PDF]] | title= Comparison of Asian Populations during the Exclusion Years| accessdate=2014-02-05}}</ref>) Regardless of the method of calculation, the number of Chinese immigrants allowed into the USA was disproportionately low in ratio to the sanctioned immigration of other nationalities and ethnicities.<ref>{{cite book |title=The Chinese in America |first=Iris |last=Chang |year=2003 |location=New York |publisher=Viking |isbn=0-670-03123-2 }}{{pn|date=July 2016}}</ref> Chinese immigration later increased with the passage of the [[Immigration and Nationality Act of 1952]], which abolished direct racial barriers and later by [[Immigration and Nationality Act of 1965]], which abolished the [[National Origins Formula]].<ref>{{cite web|url=http://immigrants.harpweek.com/chineseamericans/1Introduction/BillWeiIntro.htm |title=The Chinese-American Experience: An Introduction |publisher=HarpWeek |accessdate=2014-02-05 |first1=William |last1=Wei |url-status=dead |archiveurl=https://web.archive.org/web/20140126021457/http://immigrants.harpweek.com/ChineseAmericans/1Introduction/BillWeiIntro.htm |archivedate=2014-01-26 }}</ref>
+The Magnuson Act was passed on December 17, 1943, two years after the [[Republic of China (1912–1949)|Republic of China]] became an official [[Allies of World War II|allied nation]] of the United States in [[World War II]]. Although considered a positive development by many, it was still restrictive, limiting Chinese immigrants to an annual quota of 105 new [[Travel visa|entry visas]]. The quota was determined according to the [[National Origins Formula]] prescribed by the [[Immigration Act of 1924]], which set immigration quotas on countries subject to the law as a fraction of 150,000 in proportion to the number of inhabitants of that nationality residing in the United States as of the [[1920 United States census|1920 census]], which for China was determined to be 0.07%, or 105 per annum.<ref name="ABA1924">{{cite journal|date=July 1924|journal=American Bar Association Journal|volume=10|url=https://www.jstor.org/stable/25709038|publisher=American Bar Association|pages=490–492|last=Beaman|first=Middleton|issue=7|title=CURRENT LEGISLATION: The Immigration Act of 1924.|jstor=25709038 |access-date=October 18, 2021}}</ref><ref name="statabstract1944">{{cite journal|date=October 1945|title=Immigration, Emigration, and Citizenship|journal=Statistical Abstract of the United States: 1944-45.|url=https://www2.census.gov/library/publications/1945/compendia/statab/66ed/1944-03.pdf|location=Washington, D.C.|publisher=[[United States Department of Commerce|U.S. Department of Commerce]], [[United States Census Bureau|Bureau of the Census]]|pages=107–120|edition=66th|archive-url=https://web.archive.org/web/20210715063226/https://www2.census.gov/library/publications/1945/compendia/statab/66ed/1944-03.pdf|archive-date=July 15, 2021|access-date=October 18, 2022}}</ref> Chinese immigration later increased with the passage of the [[Immigration and Nationality Act of 1965]], which abolished the National Origins Formula.<ref>{{cite web| url= http://www.udel.edu/readhistory/resources/2005_2006/summer_06/hsu.pdf| title= Comparison of Asian Populations during the Exclusion Years| access-date=2014-02-05}}</ref><ref>{{cite book |title=The Chinese in America |first=Iris |last=Chang |year=2003 |location=New York |publisher=Viking |isbn=0-670-03123-2 }}{{page needed|date=July 2016}}</ref><ref>{{cite web|url=http://immigrants.harpweek.com/chineseamericans/1Introduction/BillWeiIntro.htm |title=The Chinese-American Experience: An Introduction |publisher=HarpWeek |access-date=2014-02-05 |first1=William |last1=Wei |url-status=dead |archive-url=https://web.archive.org/web/20140126021457/http://immigrants.harpweek.com/ChineseAmericans/1Introduction/BillWeiIntro.htm |archive-date=2014-01-26 }}</ref>
 ==References==
 {{wikisource|Chinese Exclusion Repeal Act}}
 {{Reflist}}
 {{Chinese American|state=collapsed}}
 {{Immigration to the United States}}
-[[Category:1943 in law]]
+[[Category:1943 in American law]]
 [[Category:United States federal immigration and nationality legislation]]
 [[Category:History of immigration to the United States]]
 [[Category:Chinese-American history]]
-[[Category:History of the United States (1918–45)]]
 [[Category:1943 in international relations]]
 [[Category:Anti-Chinese legislation]]
 [[Category:China–United States relations]]
+[[Category:December 1943 events in the United States]]