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Lucy E. Salyer - Laws Harsh As Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law (Studies in Legal History)

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Book:
Laws Harsh As Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law (Studies in Legal History)
Author:
Lucy E Salyer
Publisher:
University of North Carolina Press
Genre:
Books / Politics
Year:
1995
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Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth century. She argues that the struggles between Chinese immigrants, U.S. government officials, and the lower federal courts that took place around the turn of the century established fundamental principles that continue to dominate immigration law today and make it unique among branches of American law. By establishing the centrality of the Chinese to immigration policy, Salyer also integrates the history of Asian immigrants on the West Coast with that of European immigrants in the East.Salyer demonstrates that Chinese immigrants and Chinese Americans mounted sophisticated and often-successful legal challenges to the enforcement of exclusionary immigration policies. Ironically, their persistent litigation contributed to the development of legal doctrines that gave the Bureau of Immigration increasing power to counteract resistance. Indeed, by 1924, immigration law had begun to diverge from constitutional norms, and the Bureau of Immigration had emerged as an exceptionally powerful organization, free from many of the constraints imposed upon other government agencies.

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title	:	Laws Harsh As Tigers : Chinese Immigrants and the Shaping of Modern Immigration Law Studies in Legal History
author	:	Salyer, Lucy E.
publisher	:	University of North Carolina Press
isbn10 \| asin	:	0807822183
print isbn13	:	9780807822180
ebook isbn13	:	9780807864319
language	:	English
subject	Emigration and immigration law--United States--History, Chinese--Legal status, laws, etc.--United States--History, United States.--Bureau of Immigration and Naturalization--History, Administrative discretion--United States--History.
publication date	:	1995
lcc	:	KF4845.S25 1995eb
ddc	:	342.73/082
subject	:	Emigration and immigration law--United States--History, Chinese--Legal status, laws, etc.--United States--History, United States.--Bureau of Immigration and Naturalization--History, Administrative discretion--United States--History.

Laws Harsh As Tigers

STUDIES IN LEGAL HISTORY

Published by the University of North Carolina Press in association with the American Society for Legal History

Thomas A. Green & Hendrik Hartog, editors

Laws Harsh As Tigers

Chinese Immigrants
and the
Shaping of Modern Immigration Law

LUCY E. SALYER

The University of North Carolina Press
Chapel Hill & London

1995 The University of North Carolina Press
All rights reserved
Manufactured in the United States of America

The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources.

"Poem by One Named Xu from Xiangshan Encouraging the Traveler" from Island: Poetry and History of Chinese Immigrants on Angel Island, 19101940, edited by Him Mark Lai, Genny Lim, and Judy Yung, copyright 1980 by the HOC DOI project, reprinted by permission of the University of Washington Press.

Library of Congress Cataloging-in-Publication Data
Salyer, Lucy E.
Laws harsh as tigers: Chinese immigrants and the shaping of modern immigration law / by Lucy E. Salyer.
p. cm.(Studies in legal history)
Includes bibliographical references and index.
ISBN 0-8078-2218-3 (cloth: alk. paper). ISBN 0-8078-4530-2 (pbk.: alk. paper)
1. Emigration and immigration lawUnited StatesHistory. 2. ChineseLegal status, laws, etc.United StatesHistory. 3. United States. Bureau of Immigration and NaturalizationHistory. 4. Administrative discretionUnited StatesHistory. I. Title. II. Series.
KF4845.s25 1995
342.73'082dc20

94-48276
[347.30282]

CIP

99 98 97 96 95 5 4 3 2 1

FOR LEE AND NATE

Contents

Acknowledgments

Introduction

xiii

Chapter I

From Counting to Sifting Immigrants

PART I. JUDICIAL JUSTICE, 18911905

Chapter 2

Contesting Exclusion: The Chinese and the Administrators

Chapter 3

Captives of Law: Judicial Enforcement of the Chinese Exclusion Laws

Chapter 4

The Eclipse of Judicial Justice

PART II. EXECUTIVE JUSTICE, 19051924

117

Chapter 5

Drawing the Sieve Tighter: The Rise of Nativism and Administrative Power

121

Chapter 6

Bureaucratic Tyranny: The Bureau of Immigration and Its Critics

139

Chapter 7

A Fair though Summary Hearing: The Shaping of Administrative Due Process

179

Chapter 8

Its Own Keeper: Procedural Reform in the Bureau of Immigration

217

Epilogue: Immigration Law in American Legal Culture

245

Appendix: Methodology

253

Notes

255

Bibliography

309

Index

325

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