McCreary Amendment of 1893
The McCreary Amendment of 1893 was a significant piece of legislation that arose in response to the harsher restrictions imposed by the Geary Act of 1892, which extended the Chinese Exclusion Act. This amendment primarily aimed to address the challenges faced by Chinese laborers regarding their legal status in the United States. It allowed for a six-month extension for Chinese individuals to register for certificates of residence, which were crucial for proving their right to remain in the country. Notably, the amendment expanded the definition of who qualified as a laborer to include various professions, such as merchants and fishers.
One of the major implications of the McCreary Amendment was the introduction of a requirement for photographic identification on immigration documentation, marking a pivotal moment in U.S. immigration policy. This requirement was historically significant as it set a precedent for future immigration laws. Overall, the McCreary Amendment reflects the complex and often contentious nature of immigration legislation during this period, highlighting both the legal hurdles faced by immigrant communities and the evolving policies of the United States regarding identity and residency.
On this Page
Subject Terms
McCreary Amendment of 1893
The Law: Amendment to the Geary Act of 1892 to extend the registration period for Chinese living in the United States by an additional six months
Also known as: McCreary Act
Date: Enacted on November 3, 1893
Significance:The McCreary Amendment made unncessary the wholesale deportation of Chinese persons from the United States and marked a significant change in U.S. immigration policy by requiring for the first time that photographic identification be included on all registration certificates.
The Geary Act passed in 1892 was much harsher than the original Chinese Exclusion Act of 1882. In addition to extending exclusion, the Geary Act required that all Chinese laborers register for certificates of residence that proved their right to remain in the United States. The Chinese community organized extensive opposition to the law. They refused to register and challenged the constitutionality of the Geary Act in the U.S. Supreme Court. To avoid immediate massive Chinese deportation, the Senate passed the McCreary bill, proposed by Representative James B. McCreary, into law on November 3, 1893, extending the required registration time for six more months. The bill stipulated that after that time, a Chinese person could be held without bail pending deportation.
The McCreary Amendment required compliance by Chinese persons who resided in the United States prior to its passage who sought reentry into the United States. It defined laborers to include merchants, laundry owners, miners, and fishers. Although the McCreary Amendment received little historical attention, it significantly changed existing immigration policy by requiring photographs on all identity certificates. This was the first statutory requirement for photographic identification on immigration documentation and remained part of subsequent immigration policy.
Bibliography
Cassel, Susie Lan, ed. The Chinese in America: A History from Gold Mountain to the New Millennium. Walnut Creek, Calif.: AltaMira Press, 2002.
Lee, Erika. At America’s Gates: Chinese Immigration During the Exclusion Era, 1882-1943. Chapel Hill: University of North Carolina Press, 2003.