5.1 Key provisions and changes in immigration law

The Immigration and Nationality Act of 1965 marked a pivotal shift in U.S. immigration policy. It abolished the discriminatory national origins quota system, replacing it with a new framework emphasizing family reunification and needed skills.

This landmark legislation opened doors for increased Asian immigration, transforming the demographic landscape of America. It prioritized family sponsorship and employment-based immigration, leading to significant growth and diversification of Asian American communities across the country.

Immigration and Nationality Act of 1965

Abolition of National Origins Quota System

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• Eliminated national origins quota system established by Immigration Act of 1924
• Replaced discriminatory system with new preferences for immigrants
  • Family-sponsored immigration
  • Employment-based immigration
  • Diversity immigrants
• Set numerical limits on Western Hemisphere immigration (120,000 annually)
• Maintained Eastern Hemisphere limit (290,000 annually) but distributed equally among countries
• Introduced seven-category preference system
  • Prioritized family reunification
  • Emphasized needed skills for employment-based immigration
• Established separate quota for refugees (initially 6% of total immigration)

New Numerical Limits and Preferences

• Implemented equal per-country limits for Eastern Hemisphere (20,000 per country annually)
• Created more equitable system by removing explicit racial and ethnic barriers
• Prioritized immediate relatives of U.S. citizens and permanent residents
  • Spouses
  • Unmarried minor children
  • Parents of adult U.S. citizens
• Introduced labor certifications for employment-based immigration
  • Ensured immigrants would not displace American workers
  • Protected wages and working conditions for U.S. labor market

Changes to the Immigration System

Shift in Immigration Priorities

• Transitioned from national origins-based system to family reunification and skills-based system
• Eliminated discriminatory quotas favoring European immigrants
• Prioritized family relationships and labor market needs over national origin
• Established preference categories for family-sponsored immigration
  • First preference: Unmarried adult children of U.S. citizens
  • Second preference: Spouses and unmarried children of permanent residents
  • Third preference: Married children of U.S. citizens
  • Fourth preference: Siblings of adult U.S. citizens
• Created preference categories for employment-based immigration
  • Priority workers (persons of extraordinary ability)
  • Professionals with advanced degrees
  • Skilled workers and professionals
  • Special immigrants (religious workers, former U.S. government employees)

Implementation of New Procedures

• Introduced labor certification process for employment-based immigrants
  • Required employers to demonstrate inability to find qualified U.S. workers
  • Aimed to protect domestic labor market while addressing skill shortages
• Established diversity visa program to promote immigration from underrepresented countries
• Implemented new administrative procedures for processing immigrant visa applications
• Created new forms and documentation requirements for various immigrant categories
• Expanded role of U.S. consulates abroad in immigrant visa processing

Asian Immigration to the United States

Increased Asian Immigration

• Led to significant rise in Asian immigration previously restricted by quota system
• Facilitated chain migration from Asian countries through family reunification emphasis
  • Allowed established Asian immigrants to sponsor family members
  • Created multiplier effect in Asian immigration (Philippines, South Korea)
• Shifted demographic composition of Asian immigrants
  • Increased diversity of countries of origin (India, Taiwan, Vietnam)
  • Changed socioeconomic profile of Asian immigrants
• Contributed to growth and diversification of Asian American communities
  • Expansion of ethnic enclaves in major cities (Chinatowns, Koreatowns)
  • Development of new suburban Asian American communities (Silicon Valley)

Impact on Asian Countries and U.S. Society

• Led to influx of highly skilled Asian immigrants in professional and technical fields
  • Doctors, engineers, scientists from countries like India and Taiwan
  • Contributed to advancement of U.S. technology and medical sectors
• Indirectly contributed to "brain drain" phenomenon in some Asian countries
  • Loss of skilled professionals and intellectuals to emigration
  • Impacted development and economic growth in countries of origin
• Transformed demographic landscape of the United States
  • Rapid growth of Asian American population
  • Increased cultural and linguistic diversity in American society
• Influenced development of Asian American identity and civil rights movements
  • Formation of pan-Asian advocacy groups
  • Emergence of Asian American studies programs in universities

Historical Context of the Act

Civil Rights and Domestic Policy Considerations

• Part of President Lyndon B. Johnson's Great Society program
  • Aimed to eliminate poverty and racial injustice
  • Aligned with broader civil rights legislation of the 1960s
• Influenced by civil rights movement and efforts to eliminate racial discrimination
  • Sought to address discriminatory aspects of previous immigration laws
  • Reflected changing attitudes towards racial equality and social justice
• Responded to growing recognition of immigrants' economic contributions
  • Aimed to attract skilled labor to address shortages in certain sectors
  • Acknowledged importance of immigrant entrepreneurship and innovation

Foreign Policy and Global Dynamics

• Motivated by Cold War considerations and improving U.S. image abroad
  • Countered Soviet propaganda about racial discrimination in the U.S.
  • Demonstrated commitment to equality and human rights on global stage
• Aligned U.S. immigration policy with foreign policy objectives
  • Strengthened diplomatic relations with Asian and African countries
  • Supported U.S. leadership role in post-colonial world order
• Reflected changing global dynamics and U.S. role in international affairs
  • Responded to decolonization and emergence of new nations
  • Adapted to shifting patterns of global migration and refugee movements
• Aimed to promote a more inclusive and diverse vision of American society
  • Supported idea of U.S. as a nation of immigrants
  • Challenged notions of racial or ethnic preferences in national identity