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Immigration and Nationality Act of 1952: Difference between revisions

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Immigration and Nationality Act of 1952 (view source)

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| unsignedpresident = <!-- used when passed without presidential signing -->
| unsignedpresident = <!-- used when passed without presidential signing -->
| unsigneddate = <!-- used when passed without presidential signing -->
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| vetoedpresident = [[Harry S. Truman]]<ref>Leviero, Anthony (June 26, 1952). "President Vetoes Immigration Bill As Discriminatory". ''The New York Times''. p. 1.</ref>
| vetoedpresident = Harry S. Truman<ref>Leviero, Anthony (June 26, 1952). "President Vetoes Immigration Bill As Discriminatory". ''The New York Times''. p. 1.</ref>
| vetoeddate = June 25, 1952
| vetoeddate = June 25, 1952
| overriddenbody1 = House
| overriddenbody1 = House
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In response to the liberal immigration bill of Representative [[Emanuel Celler]] (D-[[New York (state)|New York]]) and Senator [[Herbert Lehman|Herbert H. Lehman]] (D-[[New York (state)|New York]]), both McCarran and Walter combined their restrictive immigration proposals into the McCarran–Walter bill and recruited support of patriotic and veteran organizations.<ref name="Marinari, Maddalena 2016, pp. 9"/> 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.<ref>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.</ref> 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.
In response to the liberal immigration bill of Representative [[Emanuel Celler]] (D-[[New York (state)|New York]]) and Senator [[Herbert Lehman|Herbert H. Lehman]] (D-[[New York (state)|New York]]), both McCarran and Walter combined their restrictive immigration proposals into the McCarran–Walter bill and recruited support of patriotic and veteran organizations.<ref name="Marinari, Maddalena 2016, pp. 9"/> 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.<ref>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.</ref> 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 S. Truman|Harry Truman]] vetoed the McCarran-Walter Act because it continued national-origins quotas that discriminated against potential allies that contained communist groups.<ref>{{cite web |url=https://archive.org/details/4729044.1952.001.umich.edu/page/440/ |title=Veto of Bill To Revise the Laws Relating to Immigration, Naturalization, and Nationality - June 25, 1952 |last=Truman |first=Harry S. |date=June 25, 1952 |website=Internet Archive |location=Washington, D.C. |publisher=National Archives and Records Service |pages=441–447}}</ref><ref>[[Donna Gabaccia|Gabaccia, Donna R.]] "Immigration and Restriction: Protection in a Dangerous World, 1850–1965." Foreign Relations: American Immigration in Global Perspective, Princeton University Press, Princeton; Oxford, 2012, pp. 122–175.</ref> However, Congress overrode the veto by a two-thirds vote of each house.<ref>Rosenfield, Harry N. "The Prospects for Immigration Amendments." Law and Contemporary Problems, vol. 21, no. 2, 1956, pp. 401–426.</ref> The [[82nd United States Congress]] enacted the H.R. 5678 [[Bill (law)|bill]], which became effective on June 27, 1952.<ref>{{cite web |url=https://www.congress.gov/bill/82nd-congress/house-bill/5678/ |title=H.R. 5678 - Immigration and Nationality Act of 1952 |date=June 27, 1952 |series=P.L. 82-414 ~ 66 Stat. 163 |publisher=Congress.gov}}</ref> 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.
President Harry Truman vetoed the McCarran-Walter Act because it continued national-origins quotas that discriminated against potential allies that contained communist groups.<ref>{{cite web |url=https://archive.org/details/4729044.1952.001.umich.edu/page/440/ |title=Veto of Bill To Revise the Laws Relating to Immigration, Naturalization, and Nationality - June 25, 1952 |last=Truman |first=Harry S. |date=June 25, 1952 |website=Internet Archive |location=Washington, D.C. |publisher=National Archives and Records Service |pages=441–447}}</ref><ref>[[Donna Gabaccia|Gabaccia, Donna R.]] "Immigration and Restriction: Protection in a Dangerous World, 1850–1965." Foreign Relations: American Immigration in Global Perspective, Princeton University Press, Princeton; Oxford, 2012, pp. 122–175.</ref> However, Congress overrode the veto by a two-thirds vote of each house.<ref>Rosenfield, Harry N. "The Prospects for Immigration Amendments." Law and Contemporary Problems, vol. 21, no. 2, 1956, pp. 401–426.</ref> The [[82nd United States Congress]] enacted the H.R. 5678 [[Bill (law)|bill]], which became effective on June 27, 1952.<ref>{{cite web |url=https://www.congress.gov/bill/82nd-congress/house-bill/5678/ |title=H.R. 5678 - Immigration and Nationality Act of 1952 |date=June 27, 1952 |series=P.L. 82-414 ~ 66 Stat. 163 |publisher=Congress.gov}}</ref> 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==
==Provisions==
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| align="left"|{{flag|Armenian Soviet Socialist Republic|name=Armenia}}{{efn|The [[Armenian Soviet Socialist Republic|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.}}
| align="left"|{{flag|Armenian Soviet Socialist Republic|name=Armenia}}{{efn|The [[Armenian Soviet Socialist Republic|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.}}
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| 115{{efn|name=baltic|The [[Baltic states]] ([[Estonia]], [[Latvia]] and [[Lithuania]]) were [[Occupation of the Baltic states|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.}}
| 115{{efn|name=baltic|The [[Baltic states]] ([[Estonia]], [[Latvia]] and [[Lithuania]]) were [[Occupation of the Baltic states|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.}}
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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.<ref>{{cite web|title=§1424. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government|url=https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1424&num=0&edition=prelim#0-0-0-399|website=The United States Code|accessdate=28 November 2023}}</ref>
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.<ref>{{cite web|title=§1424. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government|url=https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1424&num=0&edition=prelim#0-0-0-399|website=The United States Code|accessdate=28 November 2023}}</ref>


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


[[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 [[legal challenges to the Trump travel ban|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]]''.<ref>{{cite news |last1=de Vogue |first1=Ariane |last2=Stracqualursi |first2=Veronica |date=26 June 2018 |title=Supreme Court upholds travel ban |publisher=CNN |url=https://edition.cnn.com/2018/06/26/politics/travel-ban-supreme-court/index.html |access-date=26 June 2018}}</ref>
[[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 [[legal challenges to the Trump travel ban|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]]''.<ref>{{cite news |last1=de Vogue |first1=Ariane |last2=Stracqualursi |first2=Veronica |date=26 June 2018 |title=Supreme Court upholds travel ban |publisher=CNN |url=https://edition.cnn.com/2018/06/26/politics/travel-ban-supreme-court/index.html |access-date=26 June 2018}}</ref>
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==External links==
==External links==
* As codified in [https://www.law.cornell.edu/uscode/text/8/chapter-12 8 USC chapter 12] from [[Legal Information Institute|LII]]
* As codified in [https://www.law.cornell.edu/uscode/text/8/chapter-12 8 USC chapter 12] from Legal Information Institute
* [https://www.govinfo.gov/content/pkg/COMPS-1376/uslm/COMPS-1376.xml Immigration and Nationality Act] as amended ([https://www.govinfo.gov/content/pkg/COMPS-1376/pdf/COMPS-1376.pdf PDF]/[https://www.govinfo.gov/app/details/COMPS-1376/ details]) in the [[United States Government Publishing Office|GPO]] [https://www.govinfo.gov/help/comps Statute Compilations collection]
* [https://www.govinfo.gov/content/pkg/COMPS-1376/uslm/COMPS-1376.xml Immigration and Nationality Act] as amended ([https://www.govinfo.gov/content/pkg/COMPS-1376/pdf/COMPS-1376.pdf PDF]/[https://www.govinfo.gov/app/details/COMPS-1376/ details]) in the [[United States Government Publishing Office|GPO]] [https://www.govinfo.gov/help/comps Statute Compilations collection]
* [https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B DHS Immigration Regulations] in the [[Code of Federal Regulations]]
* [https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B DHS Immigration Regulations] in the [[Code of Federal Regulations]]
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