LITIGATION AND SUBTERFUGE: CHINESE IMMIGRANT MOBILIZATION DURING THE CHINESE EXCLUSION ERA

Abstract

I analyze historical changes in American immigration law and the subsequent responses of Chinese immigrants during the Chinese Exclusion Era. Using the political process model's concept of “political opportunity structure,” I examine how the indeterminate nature of the Chinese Exclusion laws provided key opportunities for mobilization. I present an interactive framework that considers not only how the broader political environment enabled and constrained the Chinese, but also how they responded by actively reshaping their environment. I apply this framework to the Chinese community's initial use of litigation and their move towards tactics of subterfuge in response to changes in Chinese exclusion policies. My findings show that the anti-Chinese immigration policies basically fulfilled their purpose, but led to unintended exploitation due to problematic language and enforcement.

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