Solving America’s Immigration Puzzle
Published March 14, 2025
Immigration in the United States has been contentious since the nation’s founding. Today’s immigration code spans over 800 pages and nearly 200 visa categories, making it overly complex and complicated. A look back at the nation’s founding immigration laws can help streamline immigration laws, reduce bureaucracy, and align policy with America’s vision for the future. Cody Nager is a research fellow at the Hoover Institution and is affiliated with its History Lab. His scholarship focuses on how interactions between the diverse people of America and the broader Atlantic region have shaped structures of racial inequality, economic development, political rights, and national identity in the United States.
Check out more from Cody Nager:
- Read "Executive Power and the Alien Enemies Act" by Cody Nager here.
- Read "Lessons for American Immigration Policy from the Past" by Cody Nager here.
- Read "The Immigration Puzzle" and Cody Nager's Commentary in Stanford Magazine here.
Learn more about Cody Nager here.
The opinions expressed in this video are those of the authors and do not necessarily reflect the opinions of the Hoover Institution or Stanford University.
© 2025 by the Board of Trustees of Leland Stanford Junior University.
Immigration policy in the United States is a highly contentious issue, but it's not a new issue. America has been grappling with how to balance openness to immigrants with a desire for national security and stability since our nation's founding. In his first term, President George Washington signed the Naturalization Act of 1790 to establish America's first migration policy, one that protected and advanced the national vision.
Much has changed in the two centuries since, but present day policymakers and the public can still learn from its simplicity to create meaningful, effective. And less politically divisive reforms benefiting both immigrants and the nation. The Naturalization Act of 1790 was a mere two pages describing the ideal migrant as a person of good character who must live in the United States for two years to be eligible for citizenship.
Today, the current Immigration and Nationality subsection of the US code spans over 800 pages, with nearly 200 types of immigrant and nonimmigrant visa class classifications. Navigating the maze of preapproval processes and red tape is extremely challenging and time-consuming for immigrants and difficult for officials to administer.
Even in our complex world, it's still possible to streamline the system. For example, many visa categories could be combined into broader groups to allow for easier navigation and faster processing times for immigrants and officials. Early in the Republic, the United States also focused heavily on selectivity, encouraging immigrants based on criteria that aligned with our nation's vision for the future.
Selectivity was used as a strategy to boost economic growth and institutional stability, welcoming farmers for westward expansion, schoolteachers to instill American ideals, and manufacturers to increase commerce. Because our immigration policy today often lacks a clear vision, selectivity is more arbitrary than strategic. The solution is to align our immigration policies with our national goals.
For instance, Congress could prioritize temporary talent visas for highly skilled workers in new and emerging industries. Lastly, even though immigration is handled at the federal level, immigrants live and work in local communities. Policymakers should consider this as they pursue reform. As the United States looks ahead to address today's immigration crisis, remembering both the simplicity and selectiveness of our past policies can help us strike the proper balance between openness and stability.