Immigration and Nationality Act of 1952

American immigration law

Immigration and Nationality Act of 1952

Long title| An Act To revise the laws relating to immigration, naturalization, and nationality; and for other purposes.
Acronyms (colloquial)| INA
Nicknames| McCarran–Walter Act
Enacted by| the 82nd United States Congress
Effective| June 27, 1952
Citations
Public law| 82-414
Statutes at Large| 66 Stat. 163
Codification
Titles amended| 8 U.S.C.: Aliens and Nationality
U.S.C. sections created| 8 U.S.C. ch. 12
Legislative history

* Introduced in the House as H.R. 5678 by Francis E. Walter (D-PA) on October 9, 1951
* Passed the House on April 25, 1952 (206–68[1])
* Passed the Senate on May 22, 1952 (voice vote[2])
* Reported by the joint conference committee on May 23, 1952; agreed to by the House on June 10, 1952 (302–53[3]) and by the Senate on June 11, 1952 (voice vote[4])
* Vetoed by President Harry S. Truman[5] on June 25, 1952
* Overridden by the House on June 26, 1952 (278–113[6])
* Overridden by the Senate and became law on June 27, 1952 (57–26[7])

Major amendments
Immigration and Nationality Technical Corrections Act of 1994
USA PATRIOT Act
Laken Riley Act

The Immigration and Nationality Act of 1952 (Pub. L. 82–414, 66 Stat. 163, enacted June 27, 1952), also known as the McCarran–Walter Act, codified under Title 8 of the United States Code (8 U.S.C. ch. 12), governs immigration to and citizenship in the United States.[8] It came into effect on June 27, 1952. The legislation consolidated various immigration laws into a single text.[9] Officially titled the Immigration and Nationality Act, it is often referred to as the 1952 law to distinguish it from the 1965 legislation.[9] This law increased the quota for Europeans outside Northern and Western Europe, gave the Department of State authority to reject entries affecting native wages, eliminated 1880s bans on contract labor, set a minimum quota of one hundred visas per country, and promoted family reunification by exempting citizens' children and spouses from numerical caps.[9]

## Legislative history

[edit]

The Immigration and Nationality Act of 1952 was debated and passed in the context of Cold War-era fears and suspicions of infiltrating Soviet and communist spies and sympathizers within American institutions and federal government. Anticommunist sentiment associated with the Second Red Scare (also known as McCarthyism) in the United States led restrictionists to push for selective immigration to preserve national security.[10] Senator Pat McCarran (D-Nevada), the chairman of the Senate Judiciary Committee, proposed an immigration bill to maintain the status quo in the United States and to safeguard the country from Communism, "Jewish interests", and undesirables that he deemed as external threats to national security.[11] His immigration bill included restrictive measures such as increased review of potential immigrants, stepped-up deportation, and more stringent naturalization procedures. The bill also placed a preference on economic potential, special skills, and education. In addition, Representative Francis E. Walter (D-Pennsylvania) proposed a similar immigration bill to the House.

In response to the liberal immigration bill of Representative Emanuel Celler (D-New York) and Senator Herbert H. Lehman (D-New York), both McCarran and Walter combined their restrictive immigration proposals into the McCarran–Walter bill and recruited support of patriotic and veteran organizations.[11] However, various immigration reform advocacy groups and testimonies by representatives from ethnic coalitions, civil rights organizations, and labor unions challenged proposals of restrictive immigration and pushed for a more inclusive immigration reform.[12] Opponents of the restrictive bill such as Lehman attempted to strategize a way to bring the groups together to resist McCarran's actions. Despite the efforts to resist, McCarran's influence as chairman of the Senate Judiciary Committee ultimately overpowered the liberal immigration reform coalition.

President Harry Truman vetoed the McCarran-Walter Act because it continued national-origins quotas that discriminated against potential allies that contained communist groups.[13][14] However, Congress overrode the veto by a two-thirds vote of each house.[15] The 82nd United States Congress enacted the H.R. 5678 bill, which became effective on June 27, 1952.[16] The passage of the McCarran-Walter bill, known as the Immigration and Nationality Act of 1952, solidified more restrictive immigration movement in the United States.

## Provisions

[edit]

The Act abolished racial restrictions found in United States immigration and naturalization statutes going back to the Naturalization Act of 1790. The 1952 Act retained a quota system for nationalities and regions. Eventually, the Act established a preference system that determined which ethnic groups were desirable immigrants and placed great importance on labor qualifications. The Act defined three types of immigrants: immigrants with special skills or who had relatives who were U.S. citizens, who were exempt from quotas and who were to be admitted without restrictions; average immigrants whose numbers were not supposed to exceed 270,000 per year; and refugees.

It expanded the definition of the "United States" for nationality purposes, which already included Puerto Rico and the Virgin Islands, to add Guam. Persons born in these territories on or after December 24, 1952, acquire U.S. citizenship at birth on the same terms as persons born in other parts of the United States.[17]

### National quotas

[edit]

The McCarran Report of the 1950s supported the quota allocation system of the National Origin Act, asserting that it was the most effective means to "preserve the sociological and cultural balance of the United States".[9] The legislation prioritized Europeans, but due to limited interest in immigration during this time, many visas remained unutilized between 1952 and 1965.[9]

The McCarran-Walter Act abolished the "alien ineligible to citizenship" category from US immigration law, which in practice applied only to people of Asian descent. Quotas of 100 immigrants per country were established for Asian countries—however, people of Asian descent who were citizens of a non-Asian country also counted towards the quota of their ancestral Asian country.[18] Overall immigration from the "Asiatic barred zone" was capped at 2000 people annually.[19] Passage of the act was strongly lobbied for by the Chinese American Citizens Alliance, Japanese American Citizens League, Filipino Federation of America, and Korean National Association; though as an incremental measure, as those organizations wished to see national origins quotas abolished altogether.[20]

The McCarran-Walter Act allowed for people of Asian descent to immigrate and to become citizens, which had been banned by laws like the Chinese Exclusion Act of 1882 and Asian Exclusion Act of 1924. Chinese immigration, in particular, had been allowed for a decade prior to McCarran-Walter by the Magnuson Act of 1943, which was passed because of America's World War II alliance with China.[21] Japanese Americans and Korean Americans were first allowed to naturalize by the McCarran-Walter Act.[22] Overall changes in the perceptions of Asians were made possible by Cold War politics; the Displaced Persons Act of 1948 allowed anticommunist Chinese American students who feared returning to the Chinese Civil War to stay in the United States; and these provisions would be expanded by the Refugee Relief Act of 1953.[19]

A key provision, however, authorized the President to overrule those quotas.[10] Section 212(f),[23] states:

> Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.[10]

#### Quotas by country under successive laws

[edit]

Listed below are historical quotas on immigration from the Eastern Hemisphere, by country, as applied in given fiscal years ending June 30, calculated according to successive immigration laws and revisions from the Emergency Quota Act of 1921, to the final quota year of 1965, as computed under the 1952 Act revisions. Whereas the 1924 Act calculated each country's quota by applying the percentage share of each national origin in the 1920 U.S. population in proportion to the number 150,000, the 1952 Act adopted a simplified formula limiting each country to a flat quota of one-sixth of one percent of that nationality's 1920 population count, with a minimum quota of 100. The 1922 and 1925 systems based on dated census records of the foreign-born population were intended as temporary measures; the National Origins Formula based on the 1920 Census of the total U.S. population took effect on July 1, 1929, with the modifications of McCarran–Walter in effect from 1953 to 1965.[24][25][26][27][28]

Annual National Quota | Act of 1921 | Act of 1924 | Act of 1952

|
|
|

1922[a] | %  | 1925[b] | %  | 1930[c] | %  | 1965[d] | %
Albania | 288  | 0.08%  | 100  | 0.06%  | 100  | 0.07%  | 100  | 0.06%
Armenia[e] | 230  | 0.06%  | 124  | 0.08%  | 100  | 0.07%  | 100  | 0.06%
Austria | 7,451  | 2.08%  | 785  | 0.48%  | 1,413  | 0.92%  | 1,405  | 0.89%
Belgium | 1,563  | 0.44%  | 512  | 0.31%  | 1,304  | 0.85%  | 1,297  | 0.82%
Bulgaria | 302  | 0.08%  | 100  | 0.06%  | 100  | 0.07%  | 100  | 0.06%
Czechoslovakia | 14,357  | 4.01%  | 3,073  | 1.87%  | 2,874  | 1.87%  | 2,859  | 1.80%
Danzig | 301  | 0.08%  | 228  | 0.14%  | 100  | 0.07%  | [f] |
Denmark | 5,619  | 1.57%  | 2,789  | 1.69%  | 1,181  | 0.77%  | 1,175  | 0.74%
Estonia | 1,348  | 0.38%  | 124  | 0.08%  | 116  | 0.08%  | 115[g] | 0.07%
Finland | 3,921  | 1.10%  | 471  | 0.29%  | 569  | 0.37%  | 566  | 0.36%
Fiume | 71  | 0.02%  | [h] |  |  |  |  |
France | 5,729  | 1.60%  | 3,954  | 2.40%  | 3,086  | 2.01%  | 3,069  | 1.94%
Germany | 67,607  | 18.90%  | 51,227  | 31.11%  | 25,957  | 16.89%  | 25,814  | 16.28%
Greece | 3,294  | 0.92%  | 100  | 0.06%  | 307  | 0.20%  | 308  | 0.19%
Hungary | 5,638  | 1.58%  | 473  | 0.29%  | 869  | 0.57%  | 865  | 0.55%
Iceland | 75  | 0.02%  | 100  | 0.06%  | 100  | 0.07%  | 100  | 0.06%
Ireland | [i] |  | 28,567  | 17.35%  | 17,853  | 11.61%  | 17,756  | 11.20%
Italy | 42,057  | 11.75%  | 3,854  | 2.34%  | 5,802  | 3.77%  | 5,666  | 3.57%
Latvia | 1,540  | 0.43%  | 142  | 0.09%  | 236  | 0.15%  | 235[g] | 0.15%
Lithuania | 2,460  | 0.69%  | 344  | 0.21%  | 386  | 0.25%  | 384[g] | 0.24%
Luxembourg | 92  | 0.03%  | 100  | 0.06%  | 100  | 0.07%  | 100  | 0.06%
Netherlands | 3,607  | 1.01%  | 1,648  | 1.00%  | 3,153  | 2.05%  | 3,136  | 1.98%
Norway | 12,202  | 3.41%  | 6,453  | 3.92%  | 2,377  | 1.55%  | 2,364  | 1.49%
Poland | 31,146  | 8.70%  | 5,982  | 3.63%  | 6,524  | 4.24%  | 6,488  | 4.09%
Portugal | 2,465  | 0.69%  | 503  | 0.31%  | 440  | 0.29%  | 438  | 0.28%
Romania | 7,419  | 2.07%  | 603  | 0.37%  | 295  | 0.19%  | 289  | 0.18%
Russia /  Soviet Union[j] | 24,405  | 6.82%  | 2,248  | 1.37%  | 2,784  | 1.81%  | 2,697  | 1.70%
Spain | 912  | 0.25%  | 131  | 0.08%  | 252  | 0.16%  | 250  | 0.16%
Sweden | 20,042  | 5.60%  | 9,561  | 5.81%  | 3,314  | 2.16%  | 3,295  | 2.08%
Switzerland | 3,752  | 1.05%  | 2,081  | 1.26%  | 1,707  | 1.11%  | 1,698  | 1.07%
Turkey | 2,388  | 0.67%  | 100  | 0.06%  | 226  | 0.15%  | 225  | 0.14%
United Kingdom[i] | 77,342  | 21.62%  | 34,007  | 20.65%  | 65,721  | 42.76%  | 65,361  | 41.22%
Yugoslavia | 6,426  | 1.80%  | 671  | 0.41%  | 845  | 0.55%  | 942  | 0.59%
Australia and  New Zealand | 359  | 0.10%  | 221  | 0.13%  | 200  | 0.13%  | 700  | 0.44%
Total from Europe | 356,135  | 99.53%  | 161,546  | 98.10%  | 150,591  | 97.97%  | 149,697  | 94.41%
Total from Asia | 1,066  | 0.30%  | 1,300  | 0.79%  | 1,323  | 0.86%  | 3,690  | 2.33%
Total from Africa | 122  | 0.03%  | 1,200  | 0.73%  | 1,200  | 0.78%  | 4,274  | 2.70%
Total from all countries | 357,803 | 100.00% | 164,667 | 100.00% | 153,714 | 100.00% | 158,561 | 100.00%

1. ^ Quota per country limited to 3% of the number of foreign-born persons of that nationality residing in the U.S. in the 1910 census (FY 1922-1924)
2. ^ Quota per country limited to 2% of the number of foreign-born persons of that nationality residing in the U.S. in the 1890 census (FY 1925-1929)
3. ^ Quota per nationality limited to a percentage share of 150,000 in a ratio proportional to the number of U.S. inhabitants of that national origin as a share of all U.S. inhabitants in the 1920 census (FY 1930-1952)
4. ^ Quota per nationality limited to one-sixth of 1% of the number of U.S. inhabitants of that national origin in the 1920 census (FY 1953–1965)
5. ^ The Socialist Soviet Republic of Armenia was semi-independent from 1920 until March 1922, when it was one of the four founding states of the Soviet Union, but Armenians were awarded visas separately to other Soviet citizens.
6. ^ The Free City of Danzig was annexed by Germany in 1939 and then awarded to Poland in 1945.
7. ^ a b c The Baltic states (Estonia, Latvia and Lithuania) were occupied and annexed by the Soviet Union from 1944, not regaining independence until 1991, but the U.S. did not recognize this as legitimate and continued to issue visas to citizens of the Baltic states.
8. ^ The Free City of Fiume was absorbed into Italy in 1924.
9. ^ a b From 1921 to 1924, the quota for the United Kingdom of Great Britain and Ireland encompassed all of Ireland; after 1925, it included only Northern Ireland (which remained part of the UK), with a separate quota created for the Irish Free State.
10. ^ U.S.S.R., excluding regions falling under the Asiatic Barred Zone while in effect. Citizens of the Baltic states, whose annexation was not recognized by the United States, and Armenians were subject to separate quotas.

### Naturalization

[edit]

A 1962 guideline explained procedures under the Act:[29]

> The Immigration and Nationality Act of 1952 requires an alien to apply for a petition for naturalization. This form may be obtained from any office of the Immigration and Naturalization Service, a division of the Department of Justice, or from any court authorized to naturalize aliens.

> Before applying, an alien must be at least 18 years old and must have been lawfully admitted to live permanently in the United States. He must have lived in the United States for five years and for the last six months in the state where he seeks to be naturalized. He must be of good moral character and "attached to the principles of the Constitution". The law states that an alien is not of good moral character if he is a drunkard, has committed adultery, has more than one wife, makes his living by gambling, has lied to the Immigration and Naturalization Service, has been in jail more than 180 days for any reason during his five years in the United States, or is a convicted murderer.

### Preference system

[edit]

The 1952 act created four preference categories for quota admissions: 50% for immigrants with essential skills, 30% for parents of adult citizens, 20% for spouses and children of legal residents, and any leftover green cards for siblings and adult children of citizens.[9]

The 1952 Immigration and Nationality Act removed the contract labor restriction, introducing employment-based preferences for immigrants with economic potential, skills, and education. It established the H-1 visa for temporary nonimmigrants with merit and ability, the H-2 process for approving visas for temporary foreign laborers where local workers were unavailable, and introduced the treaty trader or investor (E) and student (F-1) visas.[9]

The McCarran–Walter Act linked naturalization to the idea of "good moral character" measured by a person's ability to behave morally and honor the Constitution and laws of the United States. The concept of "good moral character" dated back to the Naturalization Act of 1790. The Immigration and Nationality Act of 1952 required applicants to be a person of good moral character who adhered to the principles of the Constitution and was in favorable disposition to the United States. The act gave the government the authority to deem an immigrant who lacks good moral character ineligible for admission or naturalization and deport the immigrant who engaged in a list of activities that violated the "good moral character" requirement such as crimes involving moral turpitude, illegal gambling, alcohol use, drug trafficking, prostitution, unlawful voting, fraud, etc. These violations of the good moral character requirement undermined the U.S. national security.[30]

### Class of immigrants inadmissible and ineligible for visa

[edit]

Before the Immigration and Nationality Act of 1952, the U.S. Bureau of Immigration vetted newcomers to the United States and often denied entry to new immigrants on subjective conclusion of "perverse" acts such as homosexuality, prostitution, sexual deviance, crime of moral turpitude, economic dependency, or "perverse" bodies like hermaphrodites or individuals with abnormal or small body parts during the period from 1900 to 1924.[31] During this time, immigration authorities denied immigrants entry on this subjective basis by issuing "likely to be a public charge". However, by the 1950s, the immigration authorities solidified this screening measure into law when they enacted a provision against prostitution or any so-called "immoral sexual act". In addition, immigrants deemed feeble-minded, mentally disabled, physically defective, or professional beggars were also ineligible for admission.

The Immigration and Nationality Act of 1952 placed provisions on drinking and substance use as a requirement for admission. The act stated that any immigrant who "is or was ... a habitual drunkard" or "narcotic drug addicts or chronic alcoholics" challenged the notion of good moral character, a requirement for citizenship in the United States. As a result, immigrants who participated in excessive alcohol or substance use were inadmissible to the United States.[30]

According to the Immigration and Nationality Act of 1952, polygamy violated the notion of good moral character under Section 101(f). Any immigrant in a polygamous relationship was inadmissible or ineligible for naturalization as a result. In addition, the polygamy bar denied the polygamous immigrant to immigration benefits such as employment-based visa, asylum, or relief.[32]

Abraham Sofaer, Legal Advisor to Secretary of State George Shultz, in consultation with the White House, pushed for amending the law to end the exclusion of people from the US solely on the ground of their political beliefs. Although facing initial congressional backlash, the law was changed in the State Department's 1988 Authorization legislation.[33]

As Abraham Sofaer described, "The Department of State has long believed that changes are necessary to bring the exclusion and deportation provisions in line with modern reality...It's an anachronism to say that just because someone held some particular political view at some point in his life he should be denied immigration."[34]

### Class of deportable immigrants

[edit]

The Immigration and Nationality Act eliminated numerous due-process safeguards shielding immigrants from deportation abuses.[9] Senators Hubert Humphrey (D-Minnesota) and Herbert Lehman (D-New York) expressed regret, stating that the act exposed deportees to bureaucratic tyranny and warned that deportations "without review would be the beginning of a police state".[9]

Crimes involving moral turpitude were acts, behaviors, or offenses that violate the standards of a country. The concept, "crimes involving moral turpitude", have been in United States immigration law since the Immigration Act of 1891, which made those who committed crimes involving moral turpitude inadmissible.[35] Despite the difficulty of defining "crimes involving moral turpitude", the Immigration and Nationality Act of 1952 established provisions that help define "crimes involving moral turpitude". Under sections, "Inadmissible aliens" and "Deportable aliens", immigrants were ineligible for naturalization if suspected of or committed criminal convictions, illegal gambling, alcohol use, drug trafficking, prostitution, unlawful voting, etc. within five years of entry. The list of crimes involving moral turpitude lead to removal of the immigrant.

The Immigration and Nationality Act of 1952 deemed immigrants who were anarchists or members of or affiliated with the Communist Party or any other totalitarian organizations that plan to overthrow the United States as deportable immigrants.[36] Immigrants who were successors of any association of Communism, regardless of name changes, still fell under the deportable immigrants. Immigrants who advocated, taught, wrote, published in support for communism, a totalitarian dictatorship, and the overthrowing of the United States were also deportable immigrants.

Under Section 243(h) of the Immigration and Nationality Act of 1952, the Attorney General had the authority to stop the deportation of an immigrant if the Attorney General believed that the immigrant would face physical persecution if he or she returns to the country.[37] The period of withholding deportation was up to the Attorney General as well.

## Enforcement

[edit]

The following list provides examples of those who were excluded from the Act prior to the 1990 amendment. While it has not been substantiated that all of these individuals formally petitioned to become United States citizens, many were banned from traveling to the US because of anti-American political views and/or criminal records. Among those listed, there are noted communists, socialists, and anti-American sympathizers.[38]

* Kōbō Abe, Japanese writer
* Tom Bottomore, British sociologist
* Dennis Brutus, South African writer
* Boris Christoff, Bulgarian opera singer
* Julio Cortázar, Argentine novelist
* Mahmoud Darwish, Palestinian poet
* Michel Foucault, French philosopher
* Dario Fo, Italian playwright and recipient of the 1997 Nobel Prize in Literature[39]
* Carlos Fuentes, Mexican writer
* Gabriel García Márquez, Colombian novelist and recipient of the 1982 Nobel Prize in Literature
* Graham Greene, British writer
* Doris Lessing, writer and recipient of the 2007 Nobel Prize in Literature (Southern Rhodesia (now Zimbabwe) / Great Britain)
* Ernest Mandel, scholar and Trotskyist activist[citation needed]
* Farley Mowat, Canadian writer[40][41]
* Jan Myrdal, Swedish scholar
* Pablo Neruda, Chilean poet and recipient of the 1971 Nobel Prize in Literature
* Carl Paivio, Finnish labor activist and anarchist
* Angel Rama, Uruguayan scholar
* Margaret Randall, writer, translator, and activist
* Pierre Trudeau, prior to becoming Prime Minister of Canada.[40][41]

## Modifications

[edit]

Parts of the Act remain in place today, but it has been amended many times and was modified substantially by the Immigration and Nationality Services Act of 1965. The 1952 Act was amended by the 1965 act to include a significant provision stating:

> No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.

When regulations issued under the authority of the Passport Act of 1926 were challenged in Haig v. Agee, Congress enacted § 707(b) of the Foreign Relations Authorization Act, Fiscal Year 1979 (Pub. L. 95–426, 92 Stat. 993, enacted October 7, 1978), amending § 215 of the Immigration and Nationality Act making it unlawful to travel abroad without a passport. Until that legislation, under the Travel Control Act of 1918, the president had the authority to require passports for foreign travel only in time of war.

Some provisions that excluded certain classes of immigrants based on their political beliefs were revoked by the Immigration Act of 1990; however, members of Communist Parties are still banned from becoming citizens of the United States.[42]

After the September 11, 2001 attacks, President George W. Bush implemented the National Security Entry-Exit Registration System and other border and immigration controls.

The REAL ID Act of 2005 amended the INA to expand terrorism-related grounds for deportation. Specifically, it revised INA § 237(a)(4)(B), also known as 8 U.S.C. § 1227(a)(4)(B) to align deportability criteria with the broader inadmissibility provisions already established under INA § 212(a)(3)(B). Prior to the amendment, an alien legally present in the United States could only be deported for directly engaging in terrorist activity. The REAL ID Act broadened this scope to include membership in a terrorist organization, endorsement of terrorist activity, and provision of material support to terrorism—grounds that had previously applied only to exclude individuals from entering the country.[43]

Executive Order 13769, superseding Executive Order 13780 and Presidential Proclamation 9645, all of which were issued in 2017 under the authority of the Immigration and Nationality Acts and sought to impose a blanket restriction on entry into the United States of people from several nations, were challenged in court and parts were initially subject to various restraining orders. On June 26, 2018, the U.S. Supreme Court upheld the president's authority to implement these restrictions in the case of Trump v. Hawaii.[44][45]

## See also

[edit]

* Bracero Program
* History of immigration to the United States
* History of laws concerning immigration and naturalization in the United States
* Immigration Act of 1924
* Immigration and Nationality Act of 1965
* List of United States immigration laws
* McCarthyism and antisemitism
* National Origins Formula
* Remain in Mexico

## References

[edit]

1. ^ "House Acts to Give Asians Citizenship and End Race Bars". The New York Times. April 26, 1952. p. 1.
2. ^ Trussell, C.P. (May 23, 1952). "Alien Bill Passed Intact by Senate". The New York Times. p. 1.
3. ^ Trussell, C.P. (June 11, 1952). "Immigration Bill Passed by House; Senate Is Expected to Act Today". The New York Times. p. 5.
4. ^ Trussell, C.P. (June 12, 1952). "Congress Passes Immigration Bill: Voice Vote in Senate Sends It to President as Opposition Virtually Collapses". The New York Times. p. 1.
5. ^ Leviero, Anthony (June 26, 1952). "President Vetoes Immigration Bill As Discriminatory". The New York Times. p. 1.
6. ^ Trussell, C.P. (June 27, 1952). "Immigration Bill Repassed by House Over Truman Veto: McCarran Measure to Codify Alien Laws Wins 17 Votes Over Two-thirds Majority". The New York Times. p. 1.
7. ^ Trussell, C.P. (June 28, 1952). "Congress Enacts Immigration Bill over Truman Veto: Senate, 57-26, Follows House on Overriding President—Law Effective in 6 Months". The New York Times. p. 1.
8. ^ "The Immigration and Nationality Act of 1952 (The McCarran-Walter Act)". Office of the Historian, Foreign Service Institute. United States Department of State.
9. ^ a b c d e f g h i Baxter, Andrew M.; Nowrasteh, Alex (2021). A Brief History of U.S. Immigration Policy from the Colonial Period to the Present Day (Report). Cato Institute.
10. ^ a b c What to Know About the 1952 Law Invoked by President Trump's Immigration Order
11. ^ a b Marinari, Maddalena. "Divided and Conquered: Immigration Reform Advocates and the Passage of the 1952 Immigration and Nationality Act." Journal of American Ethnic History, vol. 35, no. 3, Spring 2016, pp. 9–40. doi:10.5406/jamerethnhist.35.3.0009
12. ^ Marinari, Maddalena, and Donna Gabaccia. "'In the Name of God ... and in the Interest of Our Country': The Cold War, Foreign Policy, and Italian Americans' Mobilization against Immigration Restriction." New Italian Migrations to the United States: Vol. 1: Politics and History since 1945, University of Illinois Press, Urbana; Chicago; Springfield, 2017, pp. 59–79.
13. ^ Truman, Harry S. (June 25, 1952). "Veto of Bill To Revise the Laws Relating to Immigration, Naturalization, and Nationality - June 25, 1952". Internet Archive. Washington, D.C.: National Archives and Records Service. pp. 441–447.
14. ^ Gabaccia, Donna R. (2012). "Immigration and Restriction: Protection in a Dangerous World, 1850–1965". Foreign Relations: American Immigration in Global Perspective. Princeton; Oxford: Princeton University Press. pp. 122–175.
15. ^ Rosenfield, Harry N. (1956). "The Prospects for Immigration Amendments". Law and Contemporary Problems. 21 (2): 401–426\. doi:10.2307/1190511. JSTOR 1190511.
16. ^ "H.R. 5678 - Immigration and Nationality Act of 1952". P.L. 82-414 ~ 66 Stat. 163. Congress.gov. June 27, 1952.
17. ^ A later amendment, effective November 3, 1986, added the Commonwealth of the Northern Mariana Islands."8 FAM 302.1 Historical Background to Acquisition by Birth in U.S. Territories and Possessions". U.S. Department of State Foreign Affairs Manual Volume 8. U.S. Department of State. 2020-05-15. Retrieved 2020-06-09.
18. ^ Leonard, David; Lugo-Lugo, Carmen, eds. (2015). Latino History and Culture: An Encyclopedia. Routledge. p. 850.
19. ^ a b Yoo, David; Azuma, Eiichiro, eds. (2016). "Cold War". The Oxford Handbook of Asian American History. Oxford University Press. p. 173.
20. ^ Cheng, Cindy (2014). Citizens of Asian America: Democracy and Race During the Cold War. NYU Press. p. 177.
21. ^ Szmanko, Klara, ed. (2015). Visions of Whiteness in Selected Works of Asian American Literature. McFarland. p. 20.
22. ^ Okihiro, Gary, ed. (2013). "McCarran-Walter Act". Encyclopedia of Japanese American Internment. ABC-CLIO. p. 113.
23. ^ Now 8 U.S.C. § 1182(f) (f) of Title 8 of the United States Code § 1182.
24. ^ "Statistical Abstract of the United States: 1922" (PDF) (45th ed.). Washington, D.C.: U.S. Department of Commerce, Bureau of Foreign and Domestic Commerce. July 1923: 100–101\. Archived from the original (PDF) on March 29, 2021. Retrieved August 10, 2021. `{{cite journal}}`: Cite journal requires `|journal=` (help)
25. ^ "Statistical Abstract of the United States: 1924" (PDF) (47th ed.). Washington, D.C.: U.S. Department of Commerce, Bureau of Foreign and Domestic Commerce. July 1925: 83. Archived from the original (PDF) on March 28, 2021. Retrieved August 10, 2021. `{{cite journal}}`: Cite journal requires `|journal=` (help)
26. ^ "Statistical Abstract of the United States: 1930" (PDF) (52nd ed.). Washington, D.C.: U.S. Department of Commerce, Bureau of Foreign and Domestic Commerce. July 1930: 102–105\. Archived from the original (PDF) on March 26, 2021. Retrieved August 9, 2021. `{{cite journal}}`: Cite journal requires `|journal=` (help)
27. ^ "Statistical Abstract of the United States: 1931" (PDF) (53rd ed.). Washington, D.C.: U.S. Department of Commerce, Bureau of Foreign and Domestic Commerce. August 1931: 103–107\. Archived from the original (PDF) on March 29, 2021. Retrieved August 10, 2021. `{{cite journal}}`: Cite journal requires `|journal=` (help)
28. ^ "Statistical Abstract of the United States: 1966" (PDF). Statistical Abstract of the United States ...: Finance, Coinage, Commerce, Immigration, Shipping, the Postal Service, Population, Railroads, Agriculture, Coal and Iron (87th ed.). Washington, D.C.: U.S. Bureau of the Census: 89–93\. July 1966. ISSN 0081-4741. LCCN 04-018089. OCLC 781377180. Archived from the original (PDF) on March 28, 2021. Retrieved August 9, 2021.
29. ^ 1962 World Book Encyclopedia, Book 13, p. 52. "Petition for Naturalization"
30. ^ a b Rathod, Jayesh M. (Winter 2014). "Distilling Americans: The Legacy of Prohibition on U.S. Immigration Law". Houston Law Review. 51 (3): 781–846.
31. ^ Canaday, Margot (2009). "A New Species of Undesirable Immigrant: Perverse Aliens and the Limits of the Law, 1900-1924". The Straight State: Sexuality and Citizenship in Twentieth-Century America. Princeton University Press.
32. ^ Smearman, Claire A. (June 2009). "Second Wives' Club: Mapping the Impact of Polygamy in U.S. Immigration Law". Berkeley Journal of International Law. 27 (2): 382–447.
33. ^ Hevesi, Dennis (March 18, 1988). "Shift in Alien Law Ends a Trying Journey: Shift in Alien Law Ends Arduous Journey for an Argentine". New York Times. pp. B1. ProQuest 110563236. Retrieved February 7, 2025.
34. ^ Lewis, Anthony (October 15, 1987). "Test of Freedom: Immigration laws, and a paradox". New York Times. pp. A31. ProQuest 110623577. Retrieved February 7, 2025.
35. ^ Campbell, Patrick J. (Spring 2014). "Crimes Involving Moral Turpitude: In Search of a Moral Approach to Immoral Crimes". St. John's Law Review. 88 (1): 147–174.
36. ^ Battisti, Danielle (2012). "The American Committee on Italian Migration, Anti-Communism, and Immigration Reform". Journal of American Ethnic History. 31 (2): 11–40\. doi:10.5406/jamerethnhist.31.2.0011.
37. ^ "Protecting Deportable Aliens from Physical Persecution: Section 243(h) of the Immigration and Nationality Act of 1952". The Yale Law Journal. 62 (5): 845–852\. 1953. doi:10.2307/793509. JSTOR 793509.
38. ^ "Larry McMurtry testimony". Subcommittee on Courts, Intellectual Property, and Administrative Justice of the House Judiciary Committee, January 3, 2005. PEN/USA. 3 December 2005. Retrieved January 25, 2013.
39. ^ Mitchell, Tony (1999), Dario Fo: People's Court Jester (Updated and Expanded), London: Methuen, pp. 162–163, ISBN 0-413-73320-3
40. ^ a b Reginald Whitaker (1987). "Double standard: the secret history of Canadian immigration". Lester & Orpen Dennys. ISBN 9780886191740. "A few years ago it became known that Pierre Elliott Trudeau, before he became prime minister of Canada, had been barred from travelling to the United States."
41. ^ a b Reginald Whitaker; Gregory S. Kealey; Andrew Parnaby (2012). "Secret Service: Political Policing in Canada: From the Fenians to Fortress America". University of Toronto Press. p. 208\. ISBN 9780802007520. Retrieved January 25, 2013. "By the late years of the Cold War, the prominence of Canadians barred at one time or another from entering the United States became a highly visible public scandal: those so treated included Pierre Elliot Trudeau (on whom the FBI maintained a file, even while he served as prime minister) and the popular writer Farley Mowat, who characteristically parlayed his experience into an entertaining book, My Discovery of America."
42. ^ "§1424. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government". The United States Code. Retrieved 28 November 2023.
43. ^ Garcia, Michael John, and Ruth Ellen Wasem. "Immigration: Terrorist Grounds for Exclusion and Removal of Aliens." Congressional Research Service, updated July 2, 2008. https://digital.library.unt.edu/ark:/67531/metadc461976/
44. ^ de Vogue, Ariane; Stracqualursi, Veronica (26 June 2018). "Supreme Court upholds travel ban". CNN. Retrieved 26 June 2018.
45. ^ See Wikisource:Protecting the Nation from Foreign Terrorist Entry into the United States

## Further reading

[edit]

* Bennett, Marion T. "The immigration and nationality (McCarran-Walter) Act of 1952, as Amended to 1965." The Annals of the American Academy of Political and Social Science 367.1 (1966): 127–136.
* Chin, Gabriel J. "The civil rights revolution comes to immigration law: A new look at the Immigration and Nationality Act of 1965." North Carolina Law Review 75 (1996): 273+.
* Daniels. Roger, ed. Immigration and the Legacy of Harry S. Truman (2010)
* Rosenfield, Harry N. "Necessary administrative reforms in the Immigration and Nationality Act of 1952." Fordham Law Review 27 (1958): 145+.

## External links

[edit]

* As codified in 8 USC chapter 12 from LII
* Immigration and Nationality Act as amended (PDF/details) in the GPO Statute Compilations collection
* DHS Immigration Regulations in the Code of Federal Regulations
* EOIR Immigration Regulations in the Code of Federal Regulations
* Bertram M. Bernard Immigration Law Index, U.S. immigration and nationality law, 1952–82

* v
* t
* e

Immigration to the United States and related topics

Relevant colonial era,
United States and
international laws

| 18th century|

* Nationality law in the American Colonies
* Plantation Act of 1740
* Naturalization Act of 1790 / 1795 / 1798

|

19th century|

* Naturalization Act of 1802
* Act to Encourage Immigration (1864)
* Civil Rights Act of 1866
* 14th Amendment (1868)
* Naturalization Act of 1870
* Page Act of 1875
* Immigration Act of 1882
* Chinese Exclusion Act of 1882
* Scott Act of 1888
* Immigration Act of 1891
* Geary Act of 1892

20th century|

* Immigration Act of 1903
* Naturalization Act of 1906
* Gentlemen's Agreement of 1907
* Immigration Act of 1907
* Immigration Act of 1917
* Immigration Act of 1918
* Emergency Quota Act of 1921
* Cable Act of 1922
* Immigration Act of 1924
* Indian Citizenship Act of 1924
* Philippine Independence Act of 1934
* Filipino Repatriation Act of 1935
* Nationality Act of 1940
* Bracero Program (1942–1964)
* Chinese Exclusion Repeal Act of 1943
* War Brides Act of 1945
* Alien Fiancées and Fiancés Act of 1946
* Luce–Celler Act of 1946
* UN Refugee Convention (1951)
* Immigration and Nationality Act 1952 / 1965
* Refugee Act of 1980
* Immigration Reform and Control Act of 1986
* Family Fairness (1987)
* Amerasian Homecoming Act of 1987
* Immigration Act of 1990
* Immigration and Nationality Technical Corrections Act of 1994
* Antiterrorism and Effective Death Penalty Act of 1996
* Illegal Immigration Reform and Immigrant Responsibility Act of 1996
* Nicaraguan Adjustment and Central American Relief Act of 1997
* American Competitiveness and Workforce Improvement Act of 1998

21st century|

* American Competitiveness in the 21st Century Act of 2000
* Victims of Trafficking and Violence Protection Act of 2000
* Child Citizenship Act of 2000
* Legal Immigration Family Equity Act of 2000
* Homeland Security Act of 2002
* H-1B Visa Reform Act of 2004
* Real ID Act of 2005
* International Marriage Broker Regulation Act of 2005
* Secure Fence Act of 2006
* Emergency Afghan Allies Extension Act of 2014
* Laken Riley Act of 2025

Visas and policies|

* Visa policy
* Permanent residence (Green card)
* Visa Waiver Program
* Temporary protected status (TPS)
* Asylum
* Green Card Lottery
* Central American Minors
* Employment authorization document (EAD card)
* Deferred action
* Deferred Action for Childhood Arrivals (DACA)
* Deferred Action for Parents of Americans (DAPA)
* Parole
* Keeping Families Together (KFT)
* Adjustment of status
* US-VISIT
* Security Advisory Opinion
* E-Verify
* National Origins Formula
* Expedited removal
* Detention
* Family
* Unaccompanied children
* Trump administration family separation policy
* Trump travel ban

Government
organizations

* Department of Homeland Security
* Immigration and Customs Enforcement
* U.S. Border Patrol (BORTAC)
* U.S. Customs and Border Protection
* U.S. Citizenship and Immigration Services
* Immigration and Naturalization Service (INS)
* Executive Office for Immigration Review
* Board of Immigration Appeals
* Office of Refugee Resettlement

Supreme Court cases|

* Chae Chan Ping v. U.S. (1889)
* Nishimura Ekiu v. U.S. (1892)
* Fong Yue Ting v. U.S. (1893)
* U.S. v. Wong Kim Ark (1898)
* Ozawa v. U.S. (1922)
* U.S. v. Bhagat Singh Thind (1923)
* Knauff v. Shaughnessy (1950)
* Harisiades v. Shaughnessy (1952)
* Shaughnessy v. Mezei (1953)
* Kleindienst v. Mandel (1972)
* U.S. v. Brignoni-Ponce (1975)
* I.N.S. v. St. Cyr (2001)
* Zadvydas v. Davis (2001)
* Chamber of Commerce v. Whiting (2011)
* Trump v. Hawaii (2018)
* D.H.S. v. Regents of the Univ. of Cal. (2020)
* D.H.S. v. Thuraissigiam (2020)
* Department of State v. Muñoz (2024)

Related issues
and events

* 2006 protests
* Brooks County, Texas
* Central American migrant caravans
* Economic impact
* Effects
* Eugenics in the United States
* Guest worker program
* Human trafficking
* Human smuggling
* Coyotaje
* Immigration reduction
* Immigration reform
* List of people deported from the United States
* Mexico–United States border crisis
* Mexico–United States border wall
* Labor shortage
* March for America
* Undocumented immigrant population
* Reverse immigration
* Unaccompanied minors from Central America
* Illegal immigration to the United States

Geography|

* Mexico–United States border
* Canada–United States border
* United States Border Patrol interior checkpoints

Proposed legislation|

* DREAM Act (2001–2010)
* H.R. 4437 (2005)
* McCain–Kennedy (2005)
* Comprehensive Immigration Reform Act 2006
* STRIVE Act (2007)
* Comprehensive Immigration Reform Act 2007
* Uniting American Families Act (2000–2013)
* Border Security, Economic Opportunity, and Immigration Modernization Act of 2013
* SAFE Act (2015)
* RAISE Act (2017)
* U.S. Citizenship Act of 2021

Immigration stations
and points of entry|

* Angel Island
* Castle Garden
* East Boston
* Ellis Island
* Otay Mesa
* San Ysidro
* Sullivan's Island
* Washington Avenue

Operations|

* "Wetback" (1954)
* "Peter Pan" (1960–1962)
* "Babylift" (1975)
* "Gatekeeper" (1994)
* "Endgame" (2003–2012)
* "Front Line" (2004–2005)
* "Streamline" (2005–present)
* "Return to Sender" (2006–2007)
* "Jump Start" (2006–2008)
* "Phalanx" (2010–2016)
* "Faithful Patriot" (2018–present)

State legislation|

* California DREAM Act (2006–2010)
* Arizona SB 1070 (2010)
* Alabama HB 56 (2011)

Non-governmental
organizations

* Arizona Border Recon
* California Coalition for Immigration Reform
* CASA of Maryland
* Center for Immigration Studies
* Center for Migration Studies of New York
* Coalition for Humane Immigrant Rights of Los Angeles
* Coalition for Comprehensive Immigration Reform
* Community Change
* Federation for American Immigration Reform
* Improve The Dream
* Mexica Movement
* Mexicans Without Borders
* Migration Policy Institute
* Minuteman Civil Defense Corps
* Minuteman Project
* National Immigration Forum
* National Korean American Service & Education Consortium (NAKASEC)
* Negative Population Growth
* No More Deaths
* NumbersUSA
* Save Our State
* Utah Compact

Documentaries|

* Borderland (TV series)
* Missing in Brooks County

* v
* t
* e

Patriot Act

Titles I · II · III · IV · V · VI · VII · VIII · IX · X · History

Acts modified|

* Omnibus Crime Control and Safe Streets Act of 1968
* Electronic Communications Privacy Act
* Computer Fraud and Abuse Act
* Foreign Intelligence Surveillance Act
* Family Educational Rights and Privacy Act
* Money Laundering Control Act
* Bank Secrecy Act
* Right to Financial Privacy Act
* Fair Credit Reporting Act
* Immigration and Nationality Act of 1952
* Victims of Crime Act of 1984
* Telemarketing and Consumer Fraud and Abuse Prevention Act

People|

* George W. Bush
* John Ashcroft
* Alberto Gonzales
* Patrick Leahy
* Orrin Hatch
* Jon Kyl
* Dianne Feinstein
* Viet D. Dinh
* Joe Biden
* Michael Chertoff
* Barack Obama
* Eric Holder
* Chuck Schumer
* Lamar Smith
* Bob Graham
* Jay Rockefeller
* Arlen Specter
* Mike Oxley
* Dick Armey
* Paul Sarbanes
* Trent Lott
* Tom Daschle
* Russ Feingold
* Ellen Huvelle
* Ron Paul
* Lisa Murkowski
* Ron Wyden
* Dennis Kucinich
* Larry Craig
* John E. Sununu
* Richard Durbin
* Bernie Sanders
* Jerry Nadler
* John Conyers Jr.
* Butch Otter

Government
organizations|

* Federal Bureau of Investigation
* Department of Justice
* Select Committee on Intelligence
* Department of the Treasury
* FinCEN
* Department of State
* National Institute of Standards and Technology
* Customs Service
* Immigration and Customs Enforcement

Non-government
organizations|

* American Civil Liberties Union
* American Library Association
* Center for Democracy and Technology
* Center for Public Integrity
* Electronic Frontier Foundation
* Electronic Privacy Information Center
* Humanitarian Law Project

* v
* t
* e

Harry S. Truman

* 33rd President of the United States (1945–1953)
* 34th Vice President of the United States (1945)
* U.S. Senator from Missouri (1935–1945)

Presidency|

* Timeline
* Inaugurations
* first
* second
* Assassination attempt
* 1952 Puerto Rican constitutional referendum
* State of the Union Address
* 1946
* 1947
* 1948
* 1949
* 1950
* 1951
* 1952
* 1953
* Judicial appointments
* Supreme Court
* Sherman Minton Supreme Court nomination
* Cabinet
* Truman Balcony
* "The buck stops here"
* Executive Orders
* Presidential Proclamations
* Eisenhower transition

| Foreign policy|

* Truman Doctrine
* Potsdam Conference
* 1945; Agreement on Europe
* Declaration to Japan
* Atomic bombings of Hiroshima and Nagasaki (1945)
* War Brides Act (1945)
* Alien Fiancées and Fiancés Act (1946)
* Luce–Celler Act (1946)
* Executive Order 9835 (1947)
* General Agreement on Tariffs and Trade (1947)
* Hoover Commission (1947)
* National Security Act of 1947
* U.S. Department of Defense
* Joint Chiefs of Staff
* National Security Council
* National Security Resources Board
* Air Force/Department
* Central Intelligence Agency
* Displaced Persons Act (1948)
* Key West Agreement (1948)
* Marshall Plan (1948)
* Joint Long Range Proving Grounds (1949)
* North Atlantic Treaty
* 1949; NATO
* Revolt of the Admirals (1949)
* Korean War
* 1950–1953; U.N. Security Council Resolutions 82, 83
* Defense Production Act of 1950
* Relief of Douglas MacArthur
* Office of Defense Mobilization
* 1950; Science Advisory Committee, 1951
* Immigration and Nationality Act of 1952
* National Security Agency (1952)

|

Fair Deal|

* Medal of Freedom (1945)
* Revenue Act of 1945
* National Mental Health Act
* 1946; National Institute of Mental Health
* Atomic Energy Act of 1946
* U.S. Atomic Energy Commission
* Employment Act of 1946
* Council of Economic Advisers
* Flood Control Acts
* 1946
* 1948
* 1950
* Fulbright Program (1946)
* Hill–Burton Act (1946)
* Legislative Reorganization Act of 1946
* Federal Regulation of Lobbying Act of 1946
* Federal Tort Claims Act
* Legislative Reference Service
* National School Lunch Act (1946)
* President's Committee on Civil Rights (1946)
* Federal Insecticide, Fungicide, and Rodenticide Act (1947)
* Housing and Home Finance Agency (1947)
* Presidential Succession Act of 1947
* Taft–Hartley Act (1947)
* Agricultural Act of 1948
* Executive Order 9981 (1948)
* Revenue Act of 1948
* Agricultural Act of 1949
* Housing Act of 1949
* Dingell–Johnson Act (1950)
* Revenue Act of 1950
* Excess profits tax
* Unrelated Business Income Tax
* Revenue Act of 1951
* Federal-Aid Highway Act of 1952
* 1952 steel strike

Life|

* Early life and career
* Presidential Library, Museum, and gravesite
* Missouri Office and Courtroom
* Truman Committee
* 1944 Democratic Party vice presidential candidate selection
* The Harry S. Truman Research Institute for the Advancement of Peace

Homes|

* Birthplace
* Harry S. Truman Farm Home
* Harry S. Truman home and National Historic Site
* Historic District
* Blair House
* Truman Little White House

Elections|

* United States Senate election in Missouri, 1934
* 1940
* Democratic National Convention 1944
* 1948
* 1944 United States presidential election
* 1948
* campaign
* "Dewey Defeats Truman"
* campaign song
* Ferdinand Magellan railcar
* 1952 Democratic Party presidential primaries

Legacy|

* Bibliography
* Truman Day
* Harry S Truman Building
* Truman Dam and Reservoir
* Harry S. Truman Scholarship
* Truman Sports Complex
* U.S. Postage stamps
* Statue of Harry S. Truman

Public image|

* Give 'em Hell, Harry! (1975 play and film)
* Harry Truman (1975 song by Chicago)
* Collision Course: Truman vs. MacArthur (1976 film)
* MacArthur (1977 film)
* Backstairs at the White House (1979 miniseries)
* Truman (1995 film)
* Truman (1997 documentary film)
* The First Lady (2022 TV series)
* Oppenheimer (2023 film)

Family|

* Bess Wallace Truman (wife)
* Margaret Truman (daughter)
* Martha Ellen Young Truman (mother)
* Clifton Truman Daniel (grandson)

* ← Franklin D. Roosevelt
* Dwight D. Eisenhower →

* ← Henry A. Wallace
* Alben W. Barkley →

* Category

Authority control databases

International|

* VIAF
* FAST

National|

* United States
* Israel

*[Pub. L.]: Public Law
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