Homosexuality and the Law by Knutson Donald;C. Donald;

Author:Knutson, Donald;C., Donald;
Language: eng
Format: epub
Publisher: Taylor & Francis Group
Published: 1980-08-15T00:00:00+00:00

The Immigration and Nationality Act and the Rights of Homosexual Aliens

William T. Reynolds

DOI: 10.4324/9781315859736-6

“Give me your tired, your poor, your huddled masses yearning to breathe free.”

In 1882, four years before the Statue of Liberty was inaugurated in New York Harbor, Congress passed the “Restriction Act,” which prohibited the admission of Chinese laborers to the United States.1 Soon after, it enacted legislation providing that any Chinese resident of this country who had left temporarily, in reliance upon an exception in the Restriction Act, was forbidden to return.2 The Supreme Court upheld the Act, holding that

[t]he power of the government to exclude foreigners from the country whenever, in its judgment, the public interests require such exclusion, has been asserted in repeated instances, and never denied by the executive or legislative departments.3

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