Immigration Act of 1918

American immigration law

Immigration Act of 1918

Other short titles| Dillingham-Hardwick Act
Long title| An Act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes.
Nicknames| Alien Anarchists Exclusion Act of 1918
Enacted by| the 65th United States Congress
Effective| October 16, 1918
Citations
Public law| Pub. L. 65–221
Statutes at Large| 40 Stat. 1012
Legislative history

* Introduced in the House as H.R. 12402 by John L. Burnett (D–AL)
* Signed into law by President Woodrow Wilson on October 16, 1918

Suspected "radicals" arrested during the Palmer Raids awaiting deportation hearings
Ellis Island, January 1920

The United States Immigration Act of 1918 (ch. 186, 40 Stat. 1012) was enacted on October 16, 1918.[1] It is also known as the Dillingham-Hardwick Act.[2] It was intended to correct what President Woodrow Wilson's administration considered to be deficiencies in previous laws, in order to enable the government to deport undesirable aliens, specifically anarchists, communists, labor organizers, and similar activists.

## Background

[edit]

During the Great War, officials at the Department of Justice were frustrated in their attempts to suppress anarchist activity by their inability to gain convictions of even self-professed anarchists under current legislation, notably the Immigration Act of 1903 (also known as the Anarchist Exclusion Act) and the Immigration Act of 1917.[3] U.S. authorities in President  Woodrow Wilson's administration determined that their best opportunity to detain and remove foreign-born anarchists, antiwar protesters, and members of radical labor unions such as the Industrial Workers of the World, from the United States lay in the authority of the Department of Immigration to deport individuals under an extremely broad definition of anarchism. They could use administrative procedures that did not require due process in courts of law.[3]

Working together, officials at the Department of Justice and the Bureau of Immigration drafted legislation designed to remedy the defects in current legislation. They defined anarchism broadly enough to cover all forms of activity related to its advocacy, including membership in or affiliation with any organization or group that advocated opposition to all forms of organized government.[3] The new legislation removed the protection in prior law that aliens (persons without citizenship) who had resided in the United States for more than 5 years were not subject to deportation.[3] The bill quickly was passed by the House of Representatives. While waiting for Senate action, representatives of the two sponsoring government agencies held meetings to develop a strategy for handling the "disposition of cases of alien anarchists, some of whom are Italian anarchists and others Industrial Workers of the World and Russian Union workers, now pending."[3]

Senator William Borah of Idaho was one of the few opposed, but he was not prepared to try to prevent a vote. The Senate passed a bill that included additional punishment for anyone deported who returned to the United States. The punishment for that was a prison term of 5 years, followed by deportation once again.[3]

## Definition of anarchist

[edit]

The act expanded and elaborated the brief definition found in the Anarchist Exclusion Act 15 years earlier to read:[3]

(a) aliens who are anarchists;
(b) aliens who advise, advocate, or teach, or who are members of, or affiliated with, any organization, society, or group, that advises, advocates, or teaches opposition to all organized government;
(c) aliens who believe in, advise, advocate, or teach, or who are members of, or affiliated with, any organization, association, society, or group, that believes in, advises, advocates, or teaches:

(1) the overthrow by force or violence of the Government of the United States or of all forms of law, or
(2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or
(3) the unlawful damage, injury, or destruction of property, or
(4) sabotage;
(d) aliens who write, publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, or displayed, or knowingly have in their possession for the purpose of circulation, distribution, publication, or display any written or printed matter, advising, advocating, or teaching opposition to all government, or advising, advocating, or teaching:

(1) the overthrow by force or violence of the Government of the United States or of all forms of law, or
(2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers of the Government of the United States or of any other government, or
(3) the unlawful damage, injury, or destruction of property, or
(4) sabotage;
(e) aliens who are members of, or affiliated with, any organization, association, society, or group, that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, or display, any written or printed matter of the character in subdivision (d).

## Effects

[edit]

In 1919, The New York Times reported that in the fiscal year 1918, two anarchists were denied entry to the U.S., 37 were deported, and 55 were awaiting deportation.[4] The Times published an editorial that contrasted those low numbers with the degree of public disturbance across the country by activists: "It appears to be difficult to find alien anarchists. Yet those in the United States seldom practice long either silence or concealment."[4]

Among the more notorious anarchists deported under the Act were Luigi Galleani and several of his adherents.[3] Galleani's followers, known as Galleanists, were responsible for a bombing campaign that would last from 1914 until 1932. It reached its peak in the deadly bombing campaigns of 1919[5] and Wall Street bombing in 1920.[6] Emma Goldman and Alexander Berkman, both resident aliens, were among 250 aliens deported in 1919 pursuant to the Act. They had been convicted because of their encouragement of men to resist draft registration and conscription.[3][7]

After more than 4,000 alleged anarchists were arrested for deportation under the act, the Department of Labor released most of those arrested. Acting Secretary of Labor Louis Freeland Post was threatened with impeachment for his department's findings in favor of continued residence in the US of persons charged in deportation cases.[8] A total of 556 persons were eventually deported under the Immigration Act of 1918.[9] The exclusion of anarchist immigrants was recodified with the Immigration and Nationality Act of 1952. By the late 20th century, the threat was believed reduced. Such provisions were largely repealed by the Immigration Act of 1990. Current U.S. immigration law does not explicitly mention anarchists, but anarchists are still banned from becoming U.S. citizens.[citation needed]

## See also

[edit]

* Anarchist economics
* Anarchy in International Relations
* Fourteen Points
* League of Nations
* USAT Buford
* Wartime Measure Act of 1918
* Wilsonianism

## Notes

[edit]

1. ^ The New York Times: Remsen Crawford, "New Immigrant Net: How Other Causes Have Anticipated Effect of the Dillingham Act," July 10, 1921, accessed July 13, 2010
2. ^ Porche, Demetrius James (February 10, 2011). Health policy : application for nurses and other healthcare professionals. Jones & Bartlett Learning. p. 259\. ISBN 978-0763783136.
3. ^ a b c d e f g h i Avrich, Paul, Sacco and Vanzetti: The Anarchist Background, Princeton: Princeton University Press, ISBN 0-691-02604-1, ISBN 978-0-691-02604-6 (1991), pp. 130-136
4. ^ a b "Alien Anarchists" (newspaper). The New York Times. December 15, 1919. p. 14. Retrieved 2007-07-12.
5. ^ Ann Hagedorn, Savage Peace: Hope and Fear in America, 1919 (NY: Simon & Schuster, 2007), 184-5, 218-22
6. ^ Gage, Beverly, The Day Wall Street Exploded: A Story of America in its First Age of Terror (NY: Oxford University Press, 2009)
7. ^ Robert K. Murray, Red Scare: A Study in National Hysteria, 1919-1920 (Minneapolis: University of Minnesota Press, 1955), 206-8
8. ^ Stanley Coben, A. Mitchell Palmer: Politician (NY: Columbia University Press, 1963), 233-4; Louis F. Post, The Deportations Delirium of Nineteen-Twenty: A Personal Narrative of an Historic Official Experience (NY, 1923), 243-4
9. ^ Carrier, Jerry (2015). Hard Right Turn: The History and the Assassination of the American Left. Algora Publishing. p. 110\. ISBN 978-1-62894-179-1.

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Immigration to the United States and related topics

Relevant colonial era,
United States and
international laws

| 18th century|

* Nationality law in the American Colonies
* Plantation Act of 1740
* Naturalization Act of 1790 / 1795 / 1798

|

19th century|

* Naturalization Act of 1802
* Act to Encourage Immigration (1864)
* Civil Rights Act of 1866
* 14th Amendment (1868)
* Naturalization Act of 1870
* Page Act of 1875
* Immigration Act of 1882
* Chinese Exclusion Act of 1882
* Scott Act of 1888
* Immigration Act of 1891
* Geary Act of 1892

20th century|

* Immigration Act of 1903
* Naturalization Act of 1906
* Gentlemen's Agreement of 1907
* Immigration Act of 1907
* Immigration Act of 1917
* Immigration Act of 1918
* Emergency Quota Act of 1921
* Cable Act of 1922
* Immigration Act of 1924
* Indian Citizenship Act of 1924
* Philippine Independence Act of 1934
* Filipino Repatriation Act of 1935
* Nationality Act of 1940
* Bracero Program (1942–1964)
* Chinese Exclusion Repeal Act of 1943
* War Brides Act of 1945
* Alien Fiancées and Fiancés Act of 1946
* Luce–Celler Act of 1946
* UN Refugee Convention (1951)
* Immigration and Nationality Act 1952 / 1965
* Refugee Act of 1980
* Immigration Reform and Control Act of 1986
* Family Fairness (1987)
* Amerasian Homecoming Act of 1987
* Immigration Act of 1990
* Immigration and Nationality Technical Corrections Act of 1994
* Antiterrorism and Effective Death Penalty Act of 1996
* Illegal Immigration Reform and Immigrant Responsibility Act of 1996
* Nicaraguan Adjustment and Central American Relief Act of 1997
* American Competitiveness and Workforce Improvement Act of 1998

21st century|

* American Competitiveness in the 21st Century Act of 2000
* Victims of Trafficking and Violence Protection Act of 2000
* Child Citizenship Act of 2000
* Legal Immigration Family Equity Act of 2000
* Homeland Security Act of 2002
* H-1B Visa Reform Act of 2004
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* Emergency Afghan Allies Extension Act of 2014
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Supreme Court cases|

* Chae Chan Ping v. U.S. (1889)
* Nishimura Ekiu v. U.S. (1892)
* Fong Yue Ting v. U.S. (1893)
* U.S. v. Wong Kim Ark (1898)
* Ozawa v. U.S. (1922)
* U.S. v. Bhagat Singh Thind (1923)
* Knauff v. Shaughnessy (1950)
* Harisiades v. Shaughnessy (1952)
* Shaughnessy v. Mezei (1953)
* Kleindienst v. Mandel (1972)
* U.S. v. Brignoni-Ponce (1975)
* I.N.S. v. St. Cyr (2001)
* Zadvydas v. Davis (2001)
* Chamber of Commerce v. Whiting (2011)
* Trump v. Hawaii (2018)
* D.H.S. v. Regents of the Univ. of Cal. (2020)
* D.H.S. v. Thuraissigiam (2020)
* Department of State v. Muñoz (2024)

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Geography|

* Mexico–United States border
* Canada–United States border
* United States Border Patrol interior checkpoints

Proposed legislation|

* DREAM Act (2001–2010)
* H.R. 4437 (2005)
* McCain–Kennedy (2005)
* Comprehensive Immigration Reform Act 2006
* STRIVE Act (2007)
* Comprehensive Immigration Reform Act 2007
* Uniting American Families Act (2000–2013)
* Border Security, Economic Opportunity, and Immigration Modernization Act of 2013
* SAFE Act (2015)
* RAISE Act (2017)
* U.S. Citizenship Act of 2021

Immigration stations
and points of entry|

* Angel Island
* Castle Garden
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Operations|

* "Wetback" (1954)
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* "Gatekeeper" (1994)
* "Endgame" (2003–2012)
* "Front Line" (2004–2005)
* "Streamline" (2005–present)
* "Return to Sender" (2006–2007)
* "Jump Start" (2006–2008)
* "Phalanx" (2010–2016)
* "Faithful Patriot" (2018–present)

State legislation|

* California DREAM Act (2006–2010)
* Arizona SB 1070 (2010)
* Alabama HB 56 (2011)

Non-governmental
organizations

* Arizona Border Recon
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* CASA of Maryland
* Center for Immigration Studies
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Documentaries|

* Borderland (TV series)
* Missing in Brooks County

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