With Biden’s presidency still having another year and a half to go, there are many possibilities for change in policy and public statements. Although he has not lifted the confiscation of visas that would be given to Chinese students with pasts in Chinese military involvements, the President’s positive endeavors at improving the immigration system support an executive apology for the Chinese Exclusion Act being in line with the President’s values and goals. With the legislative branch having already apologized for the country’s discriminatory act towards East Asians, a succeeding presidential apology would be a signal to all that the country’s taking a new step towards reparations with the Chinese-American community.
The Chinese Exclusion Act of 1882 marked the Chinese as the first ethnic group to be targeted by U.S. legislation. Signed into law by President Chester A. Arthur, the anti-Chinese act prohibited the legal entry of Chinese immigrants for ten years, as well as made residing in the United States difficult for Chinese residents. Although the Chinese Exclusion Act meant to only keep Chinese laborers from entering the country, since they appeared to steal American jobs, it made it difficult for Chinese non-laborers to travel into the States. The law created impositions on Chinese individuals who traveled out of the country to re-enter, needing to acquire new paperwork. Naturalization, becoming a U.S. citizen, was made impossible. With 80 years gone since the repeal of the Act, a growing audience has formed, anticipating a formal apology from the president.
An executive apology from President Joe Biden apologizing for the Chinese Exclusion Act can likely be expected due to three main reasons. Governmental apologies have already been initiated, movements in recognition of minorities have been underway, and there is a need to fix and improve past immigration policy. In 2011, the Senate apologized for the passing of the Act, and in 2012 the House of Representatives followed. Their public acknowledgment has inspired cities to follow suit within the past couple of years to begin healing from the past and prevent making similar discriminatory laws in the future.
In 2021, San Jose in California made a public apology to its Chinese immigrants and descendants for anti-Asian violence and the harm done to its Chinatowns. The destruction of its Chinatown communities resulted in major damage to valued Chinese spaces, such as the Ng Shing Gung Temple. In 2022, San Francisco and Denver made their own apologies for its history of Chinese discrimination. Within the city of San Francisco, apologies were made, mentioning the 1870 Cubic Air Ordinance that incriminated Chinese living in Chinatowns, and the Pigtail Ordinance of 1876 that required all prisoners to cut their pony-tail styled hair that held cultural status significance. Denver hoped to address the riots that took place in its Chinatown borders, particularly the Hop Alley/Chinese Riot of 1880.
In addition to these apologies directed at the Chinese population, widespread national efforts have begun to recognize minorities. Now compared to before, people of color are receiving opportunities in Hollywood and are earning high recognition. Michelle Yeoh has received several academy awards, and Halle Bailey starred as The Little Mermaid in Disney’s live action adaptation of the film. The national calendar has also been filled with months, weeks, and days that celebrate and bring awareness to ethnic minorities. May has been declared the Asian American and Pacific Islander heritage month, and Juneteenth a federal holiday that recalls the emancipation of African American slaves.
Considering the actions made by public officials and the entertainment industry, apologizing for the Chinese Exclusion Act would be in line with Biden’s plans to re-do former President Trump’s immigration laws and modernize the immigration system. Speaking out on past discriminatory legislation would not only speak to generations of Chinese-Americans, but also look good on his part as president.
The way President Trump’s administration dealt with immigration and migration was very strict. Within the first week of his inauguration in 2017, he signed three executive orders that characterize his policy towards those attempting to enter the country. While the orders restricted human rights, they enhanced border security, gave law enforcement more immigration power, and instilled travel bans. To fulfill his campaign’s promise, Trump constructed a 2,000 mile wall along the U.S.-Mexican border, increased detentions, and expedited the removal of immigrants caught illegally present. Rushing their removal, immigrants were not given the time to express fear or personal needs. With attention to deporting criminal non-citizens, Immigration and Customs Enforcement’s numbers were greatly increased. Additionally, Trump’s administration enforced a travel ban that prohibited the issuance of visas and entering of citizens from Muslim countries, such as Yemen and Iran. As for the permission of Chinese citizens, Trump implemented a presidential proclamation that prevented Chinese graduate students from studying in the U.S. If they attended undergraduate programs in China associated with the “military-civil fusion strategy,” they were prohibited from entering the country.
President Biden has made efforts to reverse Trump’s orders and better the immigration system in a thoughtful way. Listening to the needs of immigrants, his proposed legislation has acknowledged common issues and attempted to create change. Although Biden’s U.S. Citizenship Act 2021 did not pass, the President hoped to eliminate the term “alien” in order to recognize the work of immigrants and lower the boundaries between citizens and new arrivals to the country. In attempting to limit illegal migration, he has tried to keep families together and encourage the process of legal migration by providing resources. By funding assistance programs, his administration has welcomed immigrants and tried to simplify the naturalization process. Biden has not, however, repealed Trump’s proclamation that has limited Chinese graduate students from studying in the U.S.
