1870 Congress passed the Naturalization Act. The Act limited citizenship “white persons and persons of African descent”. This effectively barred Asians from becoming citizens of the United States, thus making it impossible for them to homestead. The relationship between Asians and the United States concerning immigration is filled with prejudice and discrimination. In 1882 Congress was more forthright about their disposition when they passed the Chinese Exclusion Act. It wouldn’t be until 1942, a full 60 years, before Congress abolished the Chinese Exclusion Act. By the end of the 1940’s all restrictions preventing Asians from obtaining U.S. citizenship were abolished. This, in effect, gave Asians the opportunity to homestead.
What about people from India? This was a bit more tricky because India was an Asian sub-continent and anthropologists considered them to be of the same race as white people. Few had obtained citizenship, but in 1923 in the landmark case U.S. v. Bhagat Singh Thind, the Supreme Court ruled that people from India were not allowed to become citizens. The court conceded that they are “Caucasians” but that they are not “white”, arguing that “the average man knows perfectly well that there are unmistakable and profound differences.” Obviously, this would have made it impossible for people from India to homestead. It would be 23 years before the United States would allow people from India the opportunity to become citizens.
And finally, could all white Europeans become U.S. citizens thus being allowed to claim land under the Homestead Act? The simple answer is no! This time the exclusion had nothing to do with race, instead it centered on political ideology. History books write about the “Red Scare” of the 1950’s as the U.S. and U.S.S.R. began the decades long Cold War, but this was a continuation of a fear that had begun much earlier. Political ideology like communism, socialism, anarchism and Marxism were seen as threats to the United States going back to the 19th century. After President William McKinley was assassinated in 1901 by a Polish anarchist, Congress passed the Anarchist Exclusion Act, preventing people with “radical” political ideology from becoming U.S. citizens. The Act would be expanded in 1918 in the wake of a successful socialist revolution in Russia. The legislation would remain largely in effect for the rest of the Homesteading Era! It was expanded in 1950 with the passage of the Internal Security Act and would not be repealed until 1971.
So, what does all this mean to the Homestead Act of 1862? I think here it is important to note that the Homestead Act did not exclude any population, however, it deferred to the naturalization laws of the United States. What was unique about the Homestead Act was its inclusive nature. Because it deferred to other laws like naturalization, the Homestead Act was quite adaptable to fluctuating shifts in social, legal, and political ideology. And it was this adaptability that made the Homestead Act relevant for 123 years.
University of Huston Department of History, “Digital History,” University of Huston, http://www.digitalhistory.uh.edu/historyonline/immigration_chron.cfm (accessed July 26, 2011).
 Harvard University Library Open Collections Program, “Aspiration, Acculturation, and Impact: Immigration to the United States, 1789-1930,” Harvard University Library, http://ocp.hul.harvard.edu/immigration (accessed July26, 2011).
http://historymatters.gmu.edu/d/5076/, United States v. Bhagat Singh Thind, Certificate From The Circuit Court Of Appeals For The Ninth Circuit., No. 202. Argued January 11, 12, 1923.—Decided February 19, 1923, United States Reports, v. 261, The Supreme Court, October Term, 1922, 204–215.