In 1965, the Hart-Celler Act was passed, driving a major transformation to the US immigration system. The Act abolished national quotas from the Immigration Act of 1924, instead imposing immigration ceilings which set a preference for immigrants with relatives in the US, immigrants with needed skills in the labor market, and refugees. Unfortunately, the Act left behind an imperfect legacy through increasing illegal immigration and starting an era of discrimination against LGBT immigrants.
What It Did
Prior to the Hart-Celler Act, the National Origins Quota system, instituted in 1924, was the predominant immigration system. The National Origins Quota system limited entry of each foreign group to 2% of the number of people of that nationality who lived in the US in 1890, favoring immigrants from Northern and Western Europe. East Asian immigration was prohibited altogether. The Hart-Celler Act replaced these quotas with hemispheric immigration caps: the Eastern Hemisphere was capped at 170,000 visas, and the Western Hemisphere 120,000 visas. In 1978, this hemispheric visa system was modified to a combined global quota of 290,000 visas. Within these ceilings, Hart-Celler specified that 74% of immigrants would be admitted as family members of US citizens, 10% would be admitted as skilled workers, 10% as workers in labor-scare fields, and 6% would be admitted as refugees. As opposed to their origin, immigrants were now admitted based on their skills and familial relations to US citizens. As a result, a diverse and transformative group of immigrants entered the US, contributing to the ethnic and economic enrichment of the nation. Between 1960-70, 12.9% of immigrants were from Asia, which grew to 37.3% between 1980-90. Occurring on a smaller scale, immigration from Africa also increased to 2.4% in 1981-90 from 0.6% between 1951-60. Asian and African immigrants came to the US in pursuit of economic opportunity, avoiding instability, or reuniting with their families. Once in the US, immigrants brought in immediate family members outside of the quotas, contributing to an influx of a diverse group of immigrants who revolutionized the ethno-cultural makeup of the nation.
An Imperfect Legacy
Illegal Immigration
Prior to the passing of the Hart-Celler Act, immigration from Mexico and the Western Hemisphere was unrestricted due to the demand for Mexican labor from Southwest farmers. This resulted in seasonal migration patterns of Mexican citizens coming to work in the US and then returning to Mexico at the end of harvests.
Unfortunately, the Hart-Celler Act was imperfect in its deleterious impact on illegal immigration, specifically from Latin America. Many immigration restrictionists, such as Senator Byrd from West Virginia, argued that absent a cap on Western Hemisphere immigration, an uncontrolled influx of migrants would enter the US. In a compromise between immigration advocates and restrictionists, Hart-Celler imposed an immigration ceiling on the Western Hemisphere. While all countries in the world had immigration ceilings, Mexico was disproportionately affected by the ceiling because it had the greatest number of immigrants who sought US entry. Moreover, the fall of the Bracero Program in 1946, which had allowed thousands of Mexican workers to legally enter the US for work (see Image 2), worked in tandem with the Hart-Celler Act to limit opportunities for legal immigration from Mexico. However, the economic incentive for Mexican workers to immigrate to the US was undiminished, which is why many Mexican immigrants decided to illegally immigrate to the US. The story of Miguel Torres epitomized this reality: Torres, a Mexican immigrant, wanted to “come to the United States to work and earn more money”. However, due to the inability to get immigration papers, he illegally immigrated. His story was reflective of experiences that Mexican immigrants had, which ultimately fueled the emergence of an illegal immigrant class.
LGBT Discrimination
The Act negatively resulted in the beginning of an era of discrimination against LGBT immigrants. Legally married same-sex couples were not considered married for US immigration purposes, getting denied rights that non LGBT couples had, such as naturalization for their spouses and accompanying each other under a family or employment based visa. Specifically, the 1965 Act defined homosexuals as “aliens afflicted with sexual deviation”. LGBT migrants were thus prohibited from receiving entry visas, resulting in an era of fear, legal insecurity, and the closeting of their LGBT identities. The story of Clive Michael Boutilier epitomized this unfortunate reality: Boutilier was arrested for sodomy with a man, which led to the Public Health Service concluding that Boutelier had a “psychopathic personality”. As a result, the Immigration and Naturalization Service ordered his deportation. Boutelier’s case made it to the Supreme Court, where justices upheld his deportation, arguing that he was held excludable because he was "afflicted with [a] psychopathic personality”. Boutilier’s family was torn apart because Boutilier was a member of the LGBT community, a contradiction of the family reunification principle that Congress tried to uphold through the passing of the Hart-Celler Act.
Takeaways
The Hart-Celler Act of 1965 has played a major role in shaping the immigration system of the United States today. The Act has undoubtedly played a crucial role in enhancing ethnic diversity of immigrants, a skilled workforce, and vibrant immigrant communities throughout America. However, the Act’s history and legacy are nonetheless imperfect, due to its responsibility for the rising levels of illegal immigration and the oppression of LGBT individuals. These unintended consequences have had major reverberations on the immigration debate in America. With over eight million undocumented migrants who have fearlessly crossed the Mexican-American border, the United States must amend its immigration system to provide support and properly accommodate the influx of immigrants who seek refuge and the “American Dream”. While it is evident that the 1965 Immigration Act shaped the cultural and economic vibrancy that is America today, reforms are increasingly necessary for a future more inclusive and equitable than the past.
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