Intl. Refugee Assistance v. Donald J. Trump

Filing 166

OPINION ATTACHMENTS. [17-2231, 17-2232, 17-2233, 17-2240] RW [Entered: 02/15/2018 10:34 AM]

Text - H.Res.683 - 112th Congress (2011-2012): Expressing the regret of...

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H.Res.683 - Expressing the regret of the House of Representatives for the passage of laws that adversely affected
the Chinese in the United States, including the Chinese Exclusion Act.
112th Congress (2011-2012)
Sponsor:

Rep. Chu, Judy [D-CA-32] (Introduced 06/08/2012)

Committees:

House - Judiciary

Latest Action:

House - 06/18/2012 Motion to reconsider laid on the table Agreed to without objection. (All Actions)

Tracker: Introduced

Summary (2)

Text (2)

Agreed to in House

Actions (7)

Titles (1)

Amendments (0)

Cosponsors (20)

Committees (1)

Related Bills (0)

Shown Here:
Engrossed in House (06/18/2012)

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June 18, 2012.

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Whereas many Chinese came to the United States in the 19th and 20th
centuries, as did people from other countries, in search of the
opportunity to create a better life;

1
23Burlingame Treaty on October 19,
Whereas the United States ratified the
2
1868, which permitted the free movement of the Chinese people to,
17.
from, and within o United States and made China a “most favored
the
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nation”;
Whereas in 1878, the House of Representatives passed a resolution
requesting that President Rutherford B. Hayes renegotiate the
Burlingame Treaty so Congress could limit Chinese immigration to the
United States;
Whereas, on February 22, 1879, the House of Representatives passed the
Fifteen Passenger Bill, which only permitted 15 Chinese passengers on
any ship coming to the United States;
Whereas, on March 1, 1879, President Hayes vetoed the Fifteen Passenger
Bill as being incompatible with the Burlingame Treaty;
Whereas, on May 9, 1881, the United States ratified the Angell Treaty, which
allowed the United States to suspend, but not prohibit, immigration of
Chinese laborers, declared that “Chinese laborers who are now in the
United States shall be allowed to go and come of their own free will,”
and reaffirmed that Chinese persons possessed “all the rights,
privileges, immunities, and exemptions which are accorded to the

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citizens and subjects of the most favored nation”;
Whereas the House of Representatives passed legislation that adversely
affected Chinese persons in the United States and limited their civil
rights, including—
(1) on March 23, 1882, the first Chinese Exclusion bill, which
excluded for 20 years skilled and unskilled Chinese laborers and
expressly denied Chinese persons alone the right to be naturalized as
American citizens, and which was opposed by President Chester A.
Arthur as incompatible with the terms and spirit of the Angell Treaty;
(2) on April 17, 1882, intending to address President Arthur’s
concerns, the House passed a new Chinese Exclusion bill, which
prohibited Chinese workers from entering the United States for 10 years
instead of 20, required certain Chinese laborers already legally present
in the United States who later wished to reenter the United States to
obtain “certificates of return,” and prohibited courts from naturalizing
Chinese individuals;

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(3) on May 3, 1884, an expansion of the Chinese Exclusion Act,
which applied it to all persons of Chinese descent, “whether subjects of
China or any other foreign power”;

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(4) on September 3, 1888, the Scott Act, which prohibited legal
Chinese laborers from reentering the United States and cancelled all
previously issued “certificates of return,” and which was later
determined by the Supreme Court to have abrogated the Angell Treaty;
and

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.1892, the Geary Act, which reauthorized the
(5) on April 4,
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Chinese Exclusion Act for another ten years, denied Chinese
immigrants the right to be released on bail upon application for a writ of
habeas corpus, and contrary to customary legal standards regarding the
presumption of innocence, authorized the deportation of Chinese
persons who could not produce a certificate of residence unless they
could establish residence through the testimony of “at least one credible
white witness”;
Whereas in the 1894 Gresham-Yang Treaty, the Chinese government
consented to a prohibition of Chinese immigration and the enforcement
of the Geary Act in exchange for readmission to the United States of
Chinese persons who were United States residents;
Whereas in 1898, the United States annexed Hawaii, took control of the
Philippines, and excluded only the residents of Chinese ancestry of
these territories from entering the United States mainland;
Whereas, on April 29, 1902, as the Geary Act was expiring, Congress
indefinitely extended all laws regulating and restricting Chinese
immigration and residence, to the extent consistent with Treaty

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commitments;
Whereas in 1904, after the Chinese government withdrew from the
Gresham-Yang Treaty, Congress permanently extended, “without
modification, limitation, or condition,” the prohibition on Chinese
naturalization and immigration;
Whereas these Federal statutes enshrined in law the exclusion of the Chinese
from the democratic process and the promise of American freedom;
Whereas in an attempt to undermine the American-Chinese alliance during
World War II, enemy forces used the Chinese exclusion legislation
passed in Congress as evidence of anti-Chinese attitudes in the United
States;
Whereas in 1943, in furtherance of American war objectives, at the urging of
President Franklin D. Roosevelt, Congress repealed previously enacted
legislation and permitted Chinese persons to become United States
citizens;
Whereas Chinese-Americans continue to play a significant role in the
success of the United States; and

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Whereas the United States was founded on the principle that d persons
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created equal: Now, therefore, be it
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Resolved,
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17SECTION 1.
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ACKNOWLEDGEMENT

That the House of Representatives regrets the passage of legislation that
adversely affected people of Chinese origin in the United States because of
their ethnicity.
SEC. 2. DISCLAIMER.
Nothing in this resolution may be construed or relied on to authorize or
support any claim, including but not limited to constitutionally based claims,
claims for monetary compensation or claims for equitable relief against the
United States or any other party, or serve as a settlement of any claim against
the United States.
Attest:

Clerk.

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