What is the Immigration Act of 1965?

The Immigration Act of 1965 is the Immigration and Nationality Act of 1965 (INA), a US immigration law that abolished immigration quotas, and created a preference system for immigrating to the US based on immigrants’ skills and family relations with citizens or U.S. residents. Then US President Lyndon B. Johnson stated, “This is a simple test, and it is a fair test. Those who can contribute most to this country–to its growth, to its strength, to its spirit–will be the first that are admitted to this land.” The INA is also known as the Hart–Celler Act, named for its two main sponsors, Senator Philip Hart and Congressman Emanuel Celler.

Prior to the INA, US immigration policy heavily favored immigrants from Northern and Western Europe. This system, established in the early 1920s, used quotas based on the national origin of immigrants already living in the U.S. The INA aimed to reform this system, promoting a more deserving and family-based approach to immigrating to the US and becoming a US Citizen.

What did the Immigration and Nationality Act of 1965 Do?

The INA abolished immigration quotas, and established immigration preferences for family and valued skilled laborers.

• Abolished Quotas: The most impactful change was the elimination of quotas based on national origin. Prior to 1965, quotas severely limited immigration from countries in Asia, Africa, and Southern and Eastern Europe. The INA replaced quotas with a preference system that prioritized reuniting families and attracting skilled workers.
• Family-Based Preferences: The INA established a preference system that gave priority to certain family relationships. Immediate relatives of U.S. citizens, such as spouses and minor children, could immigrate without numerical limitations. The system also included preferences for parents, adult children, and siblings of U.S. citizens.
• Employment-Based Preferences: The INA recognized the value of skilled workers for the U.S. economy. It established categories for workers with extraordinary abilities in fields like science, arts, and business. Additionally, preferences were created for professionals with advanced degrees and workers with skills needed by U.S. employers.
• Western Hemisphere Immigration: For the first time, the INA placed numerical limitations on immigration from countries in the Western Hemisphere, primarily Latin America and the Caribbean. Previously, there were no quotas for immigration from these regions.

These changes had a profound impact on the demographics of the United States. In the decades following the INA, the U.S. witnessed a surge in immigration from Asia, Africa, and Latin America. This shift helped diversify the American population and brought new skills and perspectives to the workforce.

What was the Immediate Impact of the INA?

The Immigration Act of 1965 had a rapid and significant impact on US immigration patterns:

• Increased Immigration: Within a few years of the law’s passage, the annual immigration numbers increased. This trend continues even today.
• Shifting Demographics: The elimination of quotas led to a dramatic change in the origin countries of immigrants. Prior to 1965, the majority of immigrants came from Europe. That number has reduced after 1980.
• Economic Growth: The influx of skilled workers from various countries fueled economic growth in the U.S. Immigrants with advanced degrees and specialized skills filled critical gaps in the workforce, contributing to innovation and entrepreneurship.
• Social and Cultural Change: The arrival of immigrants from diverse backgrounds brought a wave of new cultures, languages, and traditions to the U.S. This cultural enrichment helped shape American cuisine, music, art, and even everyday life.

However, the immediate impact of the INA wasn’t without its challenges. Some communities expressed concerns about increased competition for jobs and resources. Others worried about the ability of newcomers to integrate into American society. These concerns continue to be part of the ongoing debate surrounding immigration policy.

Why is the INA a Continuing Source of Debate?

The Immigration Act of 1965 remains a source of debate for several reasons:

• Economic Impact: Concerns persist about the potential negative impact of immigration on wages and job opportunities for U.S. workers. Supporters of the INA argue that immigrants often fill jobs that American workers are unwilling or unable to do, ultimately contributing to economic growth.
• National Security: Security concerns have become a major focus in recent decades. Opponents of the INA argue that lax immigration policies could leave the U.S. vulnerable to terrorism or other security threats.
• Family Reunification vs. Skills-Based System: The balance between family reunification and attracting skilled workers is a constant debate. Some argue that prioritizing family reunification strengthens American values and social fabric. Others advocate for a more skills-based system that directly benefits the U.S. economy.
• Illegal Immigration: The issue of illegal immigration is often conflated with legal immigration. The INA does not address illegal immigration, which remains a complex issue with separate policy discussions.
• Integration and Cultural Change: The rapid cultural shift brought about by increased immigration has caused anxieties about assimilation and the preservation of American identity. Supporters of the INA argue that immigration has always been a source of cultural enrichment and continues to strengthen the nation’s diversity.

The debate surrounding the INA reflects the ongoing conversation about the role of immigration in American society. Understanding the historical context and the long-term impact of the INA can help inform this important conversation.

What is Immigration in the US in the 21st Century?

Since the passage of the INA in 1965, US immigration policy has continued to evolve. Here’s a glimpse into the current landscape:

• Diversity Visa Lottery: The Diversity Visa Lottery, also known as the “green card lottery,” offers a limited number of green cards each year to applicants from countries with historically low immigration rates to the U.S. This program aims to maintain diversity in the immigrant population.
• Temporary Work Visas: Temporary work visa programs allow foreign workers with specialized skills to fill specific labor needs in the U.S. These visas come with specific requirements and limitations on duration of stay.
• Increased Security Measures: Following the September 11th terrorist attacks, the U.S. implemented stricter security screening procedures for all immigrants. This includes background checks, biometric data collection, and enhanced border security measures.
• Pathways to Citizenship: The INA established a path to citizenship for lawful permanent residents who meet specific eligibility requirements, including residency time, good moral character, and passing a civics exam. Recent debates have focused on creating pathways to citizenship for undocumented immigrants already living in the U.S.

Immigration today remains a critical aspect of the U.S. economy and society. Understanding the different categories and pathways to legal immigration is essential for individuals seeking to enter the U.S.

Who is President Lyndon B. Johnson?

Lyndon B. Johnson, often referred to by his initials LBJ, was the 36th President of the United States. He served from 1963 to 1969, taking office after the assassination of President John F. Kennedy. LBJ is known for his ambitious domestic agenda, which included the passage of the INA.

Here are some key points about Lyndon B. Johnson:

• Great Society Programs: LBJ championed a series of social welfare programs aimed at reducing poverty, expanding healthcare access, and improving education. These programs, collectively known as the Great Society, were a major factor in shaping American society in the latter half of the 20th century.
• Civil Rights Movement: LBJ played a pivotal role in the passage of landmark civil rights legislation, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965. These laws helped dismantle racial segregation and discrimination in the United States.
• Vietnam War: LBJ’s presidency was also marked by the escalation of the Vietnam War. The war proved to be deeply unpopular and divided American society. LBJ ultimately chose not to seek re-election in 1968.

President Johnson’s legacy is complex and continues to be debated by historians. However, his signature on the INA stands as a significant accomplishment that reshaped the demographics and cultural landscape of the United States.

What is the US Civil Rights Movement?

The US Civil Rights Movement was a long struggle by African Americans to achieve equal rights and opportunities. This movement gained significant momentum in the mid-20th century, culminating in landmark legislation and social change.

Here are some key aspects of the Civil Rights Movement:

• Fighting Segregation: Segregation laws enforced racial separation in public spaces, schools, and neighborhoods. The Civil Rights Movement fought against these discriminatory practices through peaceful protests, boycotts, and legal challenges.
• Voting Rights: African Americans were historically denied the right to vote through discriminatory practices like literacy tests and poll taxes. The Voting Rights Act of 1965, signed by President Johnson, aimed to eliminate these barriers and ensure equal access to the ballot box for all citizens.
• Nonviolent Resistance: Leaders like Martin Luther King Jr. championed nonviolent resistance as a powerful tool for social change. Through marches, sit-ins, and freedom rides, activists brought national attention to the injustices faced by African Americans.

The Civil Rights Movement’s success can be attributed to the courage and determination of countless activists, lawyers, and ordinary citizens who demanded equality. The passage of the INA, signed into law by President Johnson during this era, reflected a broader shift towards a more inclusive and diverse American society.

How to Immigrate to the US?

The process of immigrating to the US can be complex, with different pathways depending on your situation. Here’s a simplified overview:

• Eligibility: The first step is to determine your eligibility for immigration benefits. US Citizenship and Immigration Services (USCIS) offers various resources and online tools to help you assess your options.
• Visa Categories: There are numerous visa categories, each with specific requirements. Common visa categories include family-based visas for relatives of U.S. citizens or green card holders, employment-based visas for skilled workers, and student visas for international education opportunities.
• Application Process: Each visa category has a specific application process, typically involving forms, supporting documentation, fees, and sometimes an interview. It’s crucial to research the specific requirements for your chosen visa category.
• Legal Representation: Consulting with an immigration lawyer can be highly beneficial. Immigration lawyers can guide you through the application process, ensure all requirements are met, and represent you before USCIS if necessary.
• Processing Times: Processing times for immigration applications can vary significantly depending on the visa category, your home country, and current USCIS workloads. Wait times can range from a few months to several years.

Understanding the US Preference System

The US preference system prioritizes certain categories of immigrants over others. Here’s a basic breakdown:

• Family-Based Preferences: Immediate relatives of US citizens, such as spouses and minor children, have the highest priority. The system also prioritizes parents, adult children, and siblings of U.S. citizens.
• Employment-Based Preferences: Skilled workers with extraordinary abilities or advanced degrees, as well as workers needed by U.S. employers, are eligible for certain employment-based preference categories.
• Diversity Visa Lottery: The Diversity Visa Lottery offers a limited number of green cards to individuals from countries with historically low immigration rates to the U.S. This program aims to promote diversity among immigrants.

Understanding the preference system can help you determine which pathway might be most suitable for your situation.

Frequently Asked Questions

Q: How much does it cost to immigrate to the US?

A: The cost of immigration can vary depending on the visa category, application fees, legal representation (if applicable), and other factors. USCIS outlines the specific fees associated with each visa category on their website. Consulting with an immigration lawyer can help you estimate the total costs involved in your specific case.

Q: Can I come to the US if I have a criminal record?

A: Certain criminal offenses can make you inadmissible to the United States. However, there may be waivers available depending on the nature of the crime, the length of time that has passed, and other factors. Consulting with an immigration lawyer is crucial to determine your eligibility if you have a criminal record.

Q: How long does it take to become a US citizen?

A: There is no one-size-fits-all answer to this question. The processing times for naturalization applications can vary depending on your background, current USCIS workloads, and any potential delays. Generally, it can take anywhere from several months to a few years to complete the naturalization process.

Q: What are the benefits of US citizenship?

A: US citizenship offers numerous benefits, including the right to vote, hold federal office, sponsor certain family members for immigration benefits, and travel freely with a US passport. Citizens also enjoy greater stability and security in the United States.

Q: What if I am in the US without legal documentation?

A: If you are currently in the US without legal documentation, your options can be complex and depend on your specific situation. Consulting with an immigration lawyer specializing in deportation defense is essential to understand your rights and explore potential avenues for obtaining legal status.

Final Words

The Immigration Act of 1965 stands as a landmark piece of legislation that transformed the demographics and cultural landscape of the United States. Understanding the historical context, ongoing debate, and various pathways to legal immigration is crucial for anyone considering immigrating to the US. Whether you’re seeking to reunite with family, pursue career opportunities, or simply embrace the American dream, there may be a path for you. With careful research, proper guidance, and a commitment to following the legal process, you can take the first steps towards a new life in the United States.