[Congressional Record Volume 157, Number 149 (Thursday, October 6, 2011)]
[Senate]
[Pages S6352-S6354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        EXPRESSING SENATE REGRET

  Mr. REID. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of and the Senate 
proceed to S. Res. 201.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 201) expressing the regret of the 
     Senate for the passage of discriminatory laws against the 
     Chinese in America, including the Chinese Exclusion Act.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LEAHY. Mr. President, beginning more than 140 years ago, Congress 
enacted a series of racist and discriminatory laws directed 
specifically at persons of Chinese descent. Collectively known as the 
Chinese Exclusion Laws, these laws remained in force for more than 60 
years, and were repealed only as a matter of wartime expediency during 
World War II. These laws conflicted directly with the fundamental 
principles of equality and justice upon which our Nation was founded. 
It is long past time for Congress to affirmatively reject the ignorance 
and hate that spurred passage of those laws.
  S. Res. 201 reflects the Senate's regret for the passage of those 
unjust laws, but also affirms our commitment to ensuring that such 
policies never become law again. I commend the individuals and 
organizations that have advocated for this important resolution.
  The Chinese Exclusion Laws reflected a climate of intolerance and 
xenophobia that viewed immigrants of Chinese descent as inferior and 
incapable of assimilating as loyal Americans. Fueled in large part by 
an economic crisis and fears that Chinese immigrants would take jobs 
away from other workers, the hostility against Chinese immigrants 
sometimes turned violent. Through a number of state laws and ordinances 
in many Western states and several questionable court rulings, Chinese 
immigrants were systematically deprived of fundamental civil rights and 
privileges, rights that should be guaranteed to all by our 
Constitution.
  Eventually, political pressure led Congress to prohibit the 
immigration of all Chinese persons into the United States. The Chinese 
Exclusion Act of 1882 explicitly banned Chinese immigrants from 
entering the United States for 10 years, and this ban was renewed and 
ultimately made permanent by Congress through subsequent enactments. In 
passing these laws, Congress failed to adhere to our Nation's basic 
founding principles that all are created equal, and that all persons 
deserve basic human and civil rights. Instead, Congress allowed fear 
and ignorance to drive our Nation's immigration policy and, for the 
first time, to exclude from our country a single group of people based 
solely on their race.
  That was wrong. Ours in a Nation of immigrants and of equality and 
these laws offended both of those fundamental precepts of America.
  While Congress was right to repeal the Chinese Exclusions Laws in 
1943, it is important to note that Congress was motivated primarily by 
the fear that the Japanese would use the racist laws as part of its 
propaganda campaign to drive a wedge between the U.S. and its Chinese 
allies. The repeal of the Chinese Exclusions Laws was not accompanied 
by any genuine sense of regret for the decades of discriminatory 
policies, or any proclamation by the Congress that it would guard in 
the future against the type of racism and xenophobia that allowed such 
laws to pass in the first place. Instead, the exclusion laws were 
simply supplanted by application of strict race-based quotas that 
remained in place for more than 20 years. Let us not forget that at the 
same time that Congress was repealing the Chinese Exclusion Laws, the 
U.S. Government was imprisoning thousands of loyal Americans of 
Japanese descent in internment camps throughout the West. Thus, the 
repeal of the exclusion laws in 1943 can hardly be viewed as a genuine 
acknowledgement by Congress of the racist nature of its actions. In 
order to close the book on this series of unjust laws, I urge support 
of this resolution to express the Senate's regret, albeit belatedly, 
for these shameful pieces of legislation.
  Going forward, this resolution also reaffirms our commitment to the 
principles of equality and justice upon which our Nation was founded. I 
was disappointed that, at the insistence of some anonymous Republicans, 
the resolution is being stripped by amendment of any reference to the 
Constitution of the United States. That is inexplicable to me. No one 
has anyone come forward to take responsibility for this change. It is 
being done in the shadows, without accountability. I believe that the 
Chinese Exclusion Laws were incompatible with the spirit, and indeed 
the text, of our Constitution, our fundamental charter. I challenge 
whoever felt it necessary to remove the original reference in our 
resolution to the affront to the Constitution to come forward and 
explain why they were blocking this resolution unless that change was 
made.
  Contrary to the claims in the 1880s that Chinese immigrants looked, 
acted, and sounded too different--too foreign--to ever become loyal 
Americans, we have all witnessed the incredible contributions that 
Chinese Americans have made to our country. America has come a long way 
since the days of the Chinese Exclusion Laws. I hope that we all 
appreciate how our Nation's diversity makes America better and 
stronger.

[[Page S6353]]

  As Chairman of the Judiciary Committee, I have supported the 
nominations and recognized the service of many Americans of Chinese 
descent serving as attorneys and judges throughout the country, such as 
former Assistant Attorney General for Civil Rights Bill Lann Lee, and 
Federal Judges Denny Chin, Edmond Chang, Ed Chen, and Dolly Gee. I am 
also mindful of the service of the late Thomas Tang, a Chinese American 
trailblazer on the Federal judiciary.
  I hope that passage of S. Res. 201 will mark a step in the Senate's 
progress toward greater commitment to protecting the civil and 
constitutional rights of all Americans, regardless of race or 
ethnicity. Unfortunately, in these tough economic times, it is not 
difficult to hear echoes of the intolerance that led to the Chinese 
Exclusion Laws in some of the rhetoric of recent immigration debates. 
Congress should not legislate out of fear and intolerance, and we must 
not allow laws like the Chinese Exclusions Laws ever to pass again.
  Mr. REID. I ask unanimous consent that the Brown of Massachusetts 
amendment, which is at the desk, be agreed to; the resolution, as 
amended, be agreed to; the preamble be agreed to, and the motions to 
reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 737) was agreed to, as follows:

       On page 9, line 1, strike ``That the Senate--''.
       On page 9, between lines 1 and 2, insert the following:

     SECTION 1. ACKNOWLEDGMENT AND EXPRESSION OF REGRET.

       The Senate--
       On page 10, strike line 1 and all that follows through 
     ``(3)'' on line 5, and insert ``(2)''.
       On page 10, line 11, strike ``(4)'' and insert ``(3)''.
       On page 10, after line 15, add the following:

     SEC. 2. DISCLAIMER.

       Nothing in this resolution may be construed--
       (1) to authorize or support any claim against the United 
     States; or
       (2) to serve as a settlement of any claim against the 
     United States.

  The resolution (S. Res. 201), as amended, was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 201

       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 for 
     themselves and their families;
       Whereas the contributions of persons of Chinese descent in 
     the agriculture, mining, manufacturing, construction, 
     fishing, and canning industries were critical to establishing 
     the foundations for economic growth in the Nation, 
     particularly in the western United States;
       Whereas United States industrialists recruited thousands of 
     Chinese workers to assist in the construction of the Nation's 
     first major national transportation infrastructure, the 
     Transcontinental Railroad;
       Whereas Chinese laborers, who made up the majority of the 
     western portion of the railroad workforce, faced grueling 
     hours and extremely harsh conditions in order to lay hundreds 
     of miles of track and were paid substandard wages;
       Whereas without the tremendous efforts and technical 
     contributions of these Chinese immigrants, the completion of 
     this vital national infrastructure would have been seriously 
     impeded;
       Whereas from the middle of the 19th century through the 
     early 20th century, Chinese immigrants faced racial ostracism 
     and violent assaults, including--
       (1) the 1887 Snake River Massacre in Oregon, at which 31 
     Chinese miners were killed; and
       (2) numerous other incidents, including attacks on Chinese 
     immigrants in Rock Springs, San Francisco, Tacoma, and Los 
     Angeles;
       Whereas the United States instigated the negotiation of the 
     Burlingame Treaty, ratified by the Senate on October 19, 
     1868, which permitted the free movement of the Chinese people 
     to, from, and within the United States and accorded to China 
     the status of ``most favored nation'';
       Whereas before consenting to the ratification of the 
     Burlingame Treaty, the Senate required that the Treaty would 
     not permit Chinese immigrants in the United States to be 
     naturalized United States citizens;
       Whereas on July 14, 1870, Congress approved An Act to Amend 
     the Naturalization Laws and to Punish Crimes against the 
     Same, and for other Purposes, and during consideration of 
     such Act, the Senate expressly rejected an amendment to allow 
     Chinese immigrants to naturalize;
       Whereas Chinese immigrants were subject to the overzealous 
     implementation of the Page Act of 1875 (18 Stat. 477), 
     which--
       (1) ostensibly barred the importation of women from 
     ``China, Japan, or any Oriental country'' for purposes of 
     prostitution;
       (2) was disproportionately enforced against Chinese women, 
     effectively preventing the formation of Chinese families in 
     the United States and limiting the number of native-born 
     Chinese citizens;
       Whereas, on February 15, 1879, the Senate passed ``the 
     Fifteen Passenger Bill,'' which would have limited the number 
     of Chinese passengers permitted on any ship coming to the 
     United States to 15, with proponents of the bill expressing 
     that the Chinese were ``an indigestible element in our midst 
     . . . without any adaptability to become citizens'';
       Whereas, on March 1, 1879, President Hayes vetoed the 
     Fifteen Passenger Bill as being incompatible with the 
     Burlingame Treaty, which declared that ``Chinese subjects 
     visiting or residing in the United States, shall enjoy the 
     same privileges . . . in respect to travel or residence, as 
     may there be enjoyed by the citizens and subjects of the most 
     favored nation'';
       Whereas in the aftermath of the veto of the Fifteen 
     Passenger Bill, President Hayes initiated the renegotiation 
     of the Burlingame Treaty, requesting that the Chinese 
     government consent to restrictions on the immigration of 
     Chinese persons to the United States;
       Whereas these negotiations culminated in the Angell Treaty, 
     ratified by the Senate on May 9, 1881, which--
       (1) allowed the United States to suspend, but not to 
     prohibit, the immigration of Chinese laborers;
       (2) declared that ``Chinese laborers who are now in the 
     United States shall be allowed to go and come of their own 
     free will''; and
       (3) reaffirmed that Chinese persons possessed ``all the 
     rights, privileges, immunities, and exemptions which are 
     accorded to the citizens and subjects of the most favored 
     nation'';
       Whereas, on March 9, 1882, the Senate passed the first 
     Chinese Exclusion Act, which purported to implement the 
     Angell Treaty but instead excluded for 20 years both skilled 
     and unskilled Chinese laborers, rejected an amendment that 
     would have permitted the naturalization of Chinese persons, 
     and instead expressly denied Chinese persons the right to be 
     naturalized as American citizens;
       Whereas, on April 4, 1882, President Chester A. Arthur 
     vetoed the first Chinese Exclusion Act as being incompatible 
     with the terms and spirit of the Angell Treaty;
       Whereas, on May 6, 1882, Congress passed the second Chinese 
     Exclusion Act, which--
       (1) prohibited skilled and unskilled Chinese laborers from 
     entering the United States for 10 years;
       (2) was the first Federal law that excluded a single group 
     of people on the basis of race; and
       (3) required certain Chinese laborers already legally 
     present in the United States who later wished to reenter to 
     obtain ``certificates of return'', an unprecedented 
     requirement that applied only to Chinese residents;
       Whereas in response to reports that courts were bestowing 
     United States citizenship on persons of Chinese descent, the 
     Chinese Exclusion Act of 1882 explicitly prohibited all State 
     and Federal courts from naturalizing Chinese persons;
       Whereas the Chinese Exclusion Act of 1882 underscored the 
     belief of some Senators at that time that--
       (1) the Chinese people were unfit to be naturalized;
       (2) the social characteristics of the Chinese were 
     ``revolting'';
       (3) Chinese immigrants were ``like parasites''; and
       (4) the United States ``is under God a country of 
     Caucasians, a country of white men, a country to be governed 
     by white men'';
       Whereas, on July 3, 1884, notwithstanding United States 
     treaty obligations with China and other nations, Congress 
     broadened the scope of the Chinese Exclusion Act--
       (1) to apply to all persons of Chinese descent, ``whether 
     subjects of China or any other foreign power''; and
       (2) to provide more stringent requirements restricting 
     Chinese immigration;
       Whereas, on October 1, 1888, the Scott Act was enacted into 
     law, which--
       (1) prohibited all Chinese laborers who would choose or had 
     chosen to leave the United States from reentering;
       (2) cancelled all previously issued ``certificates of 
     return'', which prevented approximately 20,000 Chinese 
     laborers abroad, including 600 individuals who were en route 
     to the United States, from returning to their families or 
     their homes; and
       (3) was later determined by the Supreme Court to have 
     abrogated the Angell Treaty;
       Whereas, on May 5, 1892, the Geary Act was enacted into 
     law, which--
       (1) extended the Chinese Exclusion Act for 10 years;
       (2) required all Chinese persons in the United States, but 
     no other race of people, to register with the Federal 
     Government in order to obtain ``certificates of residence''; 
     and
       (3) denied Chinese immigrants the right to be released on 
     bail upon application for a writ of habeas corpus;
       Whereas on an explicitly racial basis, the Geary Act deemed 
     the testimony of Chinese persons, including American citizens 
     of Chinese descent, per se insufficient to establish the 
     residency of a Chinese person subject to deportation, 
     mandating that such residence

[[Page S6354]]

     be established 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 the 
     readmission of previous Chinese residents;
       Whereas in 1898, the United States--
       (1) annexed Hawaii;
       (2) took control of the Philippines; and
       (3) excluded thousands of racially Chinese residents of 
     Hawaii and of the Philippines from entering the United States 
     mainland;
       Whereas on April 29, 1902, Congress--
       (1) indefinitely extended all laws regulating and 
     restricting Chinese immigration and residence; and
       (2) expressly applied such laws to United States insular 
     territories, including the Philippines;
       Whereas in 1904, after the Chinese government exercised its 
     unilateral right to withdraw from the Gresham-Yang Treaty, 
     Congress permanently extended, ``without modification, 
     limitation, or condition'', all restrictions on Chinese 
     immigration and naturalization, making the Chinese the only 
     racial group explicitly singled out for immigration exclusion 
     and permanently ineligible for American citizenship;
       Whereas between 1910 and 1940, the Angel Island Immigration 
     Station implemented the Chinese exclusion laws by--
       (1) confining Chinese persons for up to nearly 2 years;
       (2) interrogating Chinese persons; and
       (3) providing a model for similar immigration stations at 
     other locations on the Pacific coast and in Hawaii;
       Whereas each of the congressional debates concerning issues 
     of Chinese civil rights, naturalization, and immigration 
     involved intensely racial rhetoric, with many Members of 
     Congress claiming that all persons of Chinese descent were--
       (1) unworthy of American citizenship;
       (2) incapable of assimilation into American society; and
       (3) dangerous to the political and social integrity of the 
     United States;
       Whereas the express discrimination in these Federal 
     statutes politically and racially stigmatized Chinese 
     immigration into the United States, enshrining in law the 
     exclusion of the Chinese from the political process and the 
     promise of American freedom;
       Whereas wartime enemy forces used the anti-Chinese 
     legislation passed in Congress as evidence of American racism 
     against the Chinese, attempting to undermine the Chinese-
     American alliance and allied military efforts;
       Whereas, in 1943, at the urging of President Franklin D. 
     Roosevelt, and over 60 years after the enactment of the first 
     discriminatory laws against Chinese immigrants, Congress--
       (1) repealed previously enacted anti-Chinese legislation; 
     and
       (2) permitted Chinese immigrants to become naturalized 
     United States citizens;
       Whereas despite facing decades of systematic, pervasive, 
     and sustained discrimination, Chinese immigrants and Chinese-
     Americans persevered and have continued to play a significant 
     role in the growth and success of the United States;
       Whereas 6 decades of Federal legislation deliberately 
     targeting Chinese by race--
       (1) restricted the capacity of generations of individuals 
     and families to openly pursue the American dream without 
     fear; and
       (2) fostered an atmosphere of racial discrimination that 
     deeply prejudiced the civil rights of Chinese immigrants;
       Whereas diversity is one of our Nation's greatest 
     strengths, and, while this Nation was founded on the 
     principle that all persons are created equal, the laws 
     enacted by Congress in the late 19th and early 20th centuries 
     that restricted the political and civil rights of persons of 
     Chinese descent violated that principle;
       Whereas although an acknowledgment of the Senate's actions 
     that contributed to discrimination against persons of Chinese 
     descent will not erase the past, such an expression will 
     acknowledge and illuminate the injustices in our national 
     experience and help to build a better and stronger Nation;
       Whereas the Senate recognizes the importance of addressing 
     this unique framework of discriminatory laws in order to 
     educate the public and future generations regarding the 
     impact of these laws on Chinese and other Asian persons and 
     their implications to all Americans; and
       Whereas the Senate deeply regrets the enactment of the 
     Chinese Exclusion Act and related discriminatory laws that--
       (1) resulted in the persecution and political alienation of 
     persons of Chinese descent;
       (2) unfairly limited their civil rights;
       (3) legitimized racial discrimination; and
       (4) induced trauma that persists within the Chinese 
     community: Now, therefore, be it
       Resolved,

     SECTION 1. ACKNOWLEDGMENT AND EXPRESSION OF REGRET.

       The Senate--
       (1) acknowledges that this framework of anti-Chinese 
     legislation, including the Chinese Exclusion Act, is 
     incompatible with the basic founding principles recognized in 
     the Declaration of Independence that all persons are created 
     equal;
       (2) deeply regrets passing 6 decades of legislation 
     directly targeting the Chinese people for physical and 
     political exclusion and the wrongs committed against Chinese 
     and American citizens of Chinese descent who suffered under 
     these discriminatory laws; and
       (3) reaffirms its commitment to preserving the same civil 
     rights and constitutional protections for people of Chinese 
     or other Asian descent in the United States accorded to all 
     others, regardless of their race or ethnicity.

     SEC. 2. DISCLAIMER.

       Nothing in this resolution may be construed--
       (1) to authorize or support any claim against the United 
     States; or
       (2) to serve as a settlement of any claim against the 
     United States.

                          ____________________