Black people were treated as if they did not fully belong, even if they lived in the United States or
were born here.
Since 1619, when Africans were first forced to come to what is now the United States, early laws
excluded formerly enslaved Black people from becoming citizens. The law has long been used to
define and limit who is considered a citizen and to exclude those who are not. For example, in
1787, the U.S. Constitution included language noting that enslaved Black people would be
counted as three-fifths of a person.12 In 1790, the law limited citizenship to “free white
person[s].”13 Because the law made being white a requirement for becoming a citizen, it sent the
message that only white people truly belonged—a message that still shapes U.S. laws today.
In 1857, the U.S. Supreme Court ruled in the case of Dred Scott v. Sanford that enslaved Black
people were not citizens.14 Dred Scott was an enslaved Black man who went to court to argue
that he should be free because he had lived in places where slavery was illegal. He also argued
that, as a free person, he should have the same rights as any other American citizen.15 A famous
line in the decision from Chief Justice Roger B. Taney stated that Black people “had no rights
which the white man was bound to respect.16
The exclusion of formerly enslaved Black people from citizenship established the foundation for
racially discriminatory citizenship and immigration laws. In 1868, after the Civil War, the
Fourteenth Amendment to the U.S. Constitution provided citizenship for Black people,
overturning the Dred Scott case and replacing the “three-fifths” language from the Constitution.
However, even after the Fourteenth Amendment overturned the Dred Scott decision and
acknowledged that Black people born in the United States were U.S. citizens at birth, laws
continued to prevent individuals of African descent from exercising the same rights as white
citizens.17
In the following years, Congress continued to pass discriminatory laws about who could become
a citizen through naturalization laws and who could come to the United States through
immigration laws. In 1882, Congress passed the Chinese Exclusion Act, which prevented people
from China from coming to the United States for ten years. 18 This law was the first to exclude a
racial group from entering the United States. In 1924, the Johnson-Reed Act19 excluded Asians
and severely restricted the number of immigrants who were not white from migrating to the
United States.20 In this way, the United States’ past naturalization and immigration laws had the
racist goal of excluding non-white immigrants.
Before the Civil Rights Movement, another example of widely practiced exclusion was the
United States’ policy of limiting how many people could come from certain countries. This was
called the quota system. During the Civil Rights Movement, the Immigration and Nationality
Act of 1965 ended this quota system because it privileged European immigrants over other
immigrants coming to the United States.21 The Immigration and Nationality Act was born out of
the Black-led Civil Rights Movement, which resulted in increased rights and privileges for
immigrants of all races.22 In signing the act, President Lyndon B. Johnson stated that the quota
system “violated the basic principle of American democracy—the principle that values and
rewards each man on the basis of his merit as a man. It has been un-American in the highest
sense, because it has been untrue to the faith that brought thousands to these shores even before