Immigration and Nationality Act of 1952 facts for kids
.svg) |
|
| 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 | |
|
|
| Major amendments | |
| USA PATRIOT Act | |
The Immigration and Nationality Act of 1952, also known as the McCarran–Walter Act, is a very important law in the United States. It sets the rules for who can come into the country and how people can become U.S. citizens. This law became active on June 27, 1952. Before this Act, many different laws handled immigration. But they were not all put together in one place. This Act brought them all into one main document. It is often called the "Immigration and Nationality Act of 1952" to tell it apart from a similar law passed in 1965.
How the Law Was Made
The Immigration and Nationality Act of 1952 was created during a time called the Cold War. During this period, many people in the United States were worried about Communist spies and ideas from the Soviet Union. This fear led to a strong anti-communist feeling known as McCarthyism. People who wanted stricter immigration rules pushed for them. They believed this would protect national security.
Key People and Their Ideas
Senator Patrick McCarran from Nevada was a key person. He was the head of the Senate Judiciary Committee. He suggested an immigration law to keep things as they were in the U.S. He also wanted to protect the country from communism and other groups he saw as threats. His ideas included:
- Making it harder for immigrants to enter.
- Making it easier to deport people.
- Having stricter rules for becoming a citizen.
- Giving preference to immigrants with special skills or economic potential.
Representative Francis E. Walter from Pennsylvania also proposed a similar immigration bill in the House of Representatives.
Debates and Challenges
Some politicians, like Representative Emanuel Celler and Senator Herbert Lehman from New York, wanted more open immigration laws. McCarran and Walter combined their ideas into the McCarran–Walter bill. They got support from patriotic and veteran groups.
However, many groups fought against this strict bill. These included immigrant rights groups, civil rights organizations, and labor unions. They wanted a more welcoming immigration system. Despite their efforts, Senator McCarran's power as committee chairman helped his bill pass.
President Truman's Veto
President Harry S. Truman did not agree with the McCarran-Walter Act. He vetoed it because it kept old rules that favored certain countries. These rules discriminated against potential allies who might have communist groups. However, Congress voted again and passed the bill anyway. They had enough votes to override the President's veto. The bill became law on June 27, 1952. This Act made immigration rules in the U.S. much stricter.
What the Law Included
The 1952 Act removed racial limits that had been in U.S. immigration laws since 1790. However, it still used a quota system. This system limited how many people could come from different countries or regions. The Act also set up a preference system. This system decided which groups of immigrants were most wanted. It put a lot of importance on people's job skills.
The Act defined three main types of immigrants:
- Special Immigrants: These were people with special skills or those who had U.S. citizen relatives. They were allowed in without limits.
- Average Immigrants: Their numbers were limited to 270,000 per year.
- Refugees: People seeking safety from danger in their home countries.
The Act also expanded the definition of "United States" for citizenship. It already included Puerto Rico and the Virgin Islands. The 1952 Act added Guam. People born in these places on or after December 24, 1952, became U.S. citizens at birth. This was the same as people born in other parts of the U.S.
National Quotas
The McCarran-Walter Act removed the rule that said "aliens ineligible for citizenship." This rule mostly affected people of Asian descent. The Act set a quota of 100 immigrants per year for Asian countries. However, if a person of Asian background was a citizen of a non-Asian country, they still counted towards their ancestral Asian country's quota. Overall, immigration from the "Asiatic barred zone" was limited to 2,000 people each year.
Many groups, like the Chinese American Citizens Alliance, worked hard for this Act. They saw it as a step forward, even though they wanted all national quotas removed. The McCarran-Walter Act allowed people of Asian descent to immigrate and become citizens. This had been banned by earlier laws like the Chinese Exclusion Act of 1882. For example, Japanese Americans and Korean Americans could become citizens for the first time.
The Cold War also influenced these changes. For instance, the Displaced Persons Act of 1948 allowed anti-communist Chinese students to stay in the U.S. This was because they feared returning to the Chinese Civil War.
President's Power to Change Quotas
A key part of the Act gave the President power to change these quotas. Section 212(f) says:
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.
This means the President can stop or limit people from entering the U.S. if he believes it's bad for the country.
The 1952 Act was later changed by the Immigration and Nationality Act of 1965. This new part said:
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.
This meant that immigration visas could not be given based on a person's race, sex, or country of origin.
In 2017, President Donald Trump used the power from the Immigration and Nationality Acts. He issued orders to limit entry from several nations. These orders were challenged in court. On June 26, 2018, the U.S. Supreme Court upheld the President's power in the case of Trump v. Hawaii.
Quotas by Country
The table below shows how many immigrants were allowed from different countries. This is based on different laws from 1921 to 1965. The 1952 Act changed how quotas were calculated. It set a minimum quota of 100 people for each country.
| Annual National Quota | Act of 1921 | Act of 1924 | Act of 1952 | |||||
|---|---|---|---|---|---|---|---|---|
| 1922 | % | 1925 | % | 1930 | % | 1965 | % | |
 Albania |
288 | 0.08% | 100 | 0.06% | 100 | 0.07% | 100 | 0.06% |
 Armenia |
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% | ||
 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 | 0.07% |
 Finland |
3,921 | 1.10% | 471 | 0.29% | 569 | 0.37% | 566 | 0.36% |
 Fiume |
71 | 0.02% | ||||||
 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 |
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 | 0.15% |
 Lithuania |
2,460 | 0.69% | 344 | 0.21% | 386 | 0.25% | 384 | 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 |
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 |
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% |
Becoming a Citizen (Naturalization)
The Immigration and Nationality Act of 1952 set out the steps for immigrants to become U.S. citizens. This process is called naturalization.
To apply, a person must be at least 18 years old. They must also have been allowed to live permanently in the United States. They need to have lived in the U.S. for five years. For the last six months, they must have lived in the state where they apply. They also need to show "good moral character." This means they follow the rules of the U.S. Constitution.
Rules for Immigrants
The McCarran-Walter Act connected becoming a citizen to having "good moral character." This idea of good moral character has been in U.S. law since 1790. The 1952 Act said that applicants must be people of good moral character. They must also support the U.S. Constitution.
The government could deny entry or citizenship to immigrants who lacked good moral character. They could also deport immigrants who did things that went against this rule. These actions included illegal gambling or fraud. Such actions were seen as a threat to U.S. national security.
The Act also changed rules about jobs. It removed a ban on certain types of labor. It created preferences for immigrants with good job skills and education. It also created two new temporary visa types:
- H-1 visa: For non-immigrants with special talents or abilities.
- H-2 visa: For temporary foreign workers when there were not enough U.S. workers for a job.
Who Could Not Enter or Get a Visa
Before the 1952 Act, U.S. immigration officials could deny entry to people for various reasons. These reasons included certain behaviors or physical conditions. By the 1950s, these screening rules became official law. People who were considered mentally or physically unable to support themselves were also not allowed to enter.
The Act also said that polygamy (being married to more than one person) went against "good moral character." So, anyone in a polygamous relationship could not enter the U.S. or become a citizen. They also could not get other immigration benefits.
Who Could Be Deported
The Act also defined "crimes involving moral turpitude." These are actions that go against a country's standards. This idea has been in U.S. immigration law since 1891. The 1952 Act helped define these crimes more clearly. Immigrants could not become citizens if they were suspected of or had committed certain crimes. These included illegal gambling or unlawful voting within five years of entering the country. Such crimes could lead to the person being removed from the U.S.
The Act also said that anarchists or members of the Communist Party could be deported. This included anyone linked to groups that planned to overthrow the U.S. government. People who supported communism through writing or teaching could also be deported.
However, the Act also gave the Attorney General power to stop a deportation. If the Attorney General believed an immigrant would face harm in their home country, they could stop the deportation.
Famous People Affected
Before a change in 1990, some famous people were not allowed into the U.S. because of this Act. Many were banned from traveling to the U.S. because of their political views or past actions. These included people known for communist or anti-American views.
- 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 Nobel Prize winner
- Carlos Fuentes, Mexican writer
- Gabriel García Márquez, Colombian novelist and Nobel Prize winner
- Graham Greene, British writer
- Doris Lessing, writer and Nobel Prize winner
- Ernest Mandel, scholar and activist
- Farley Mowat, Canadian writer
- Jan Myrdal, Swedish scholar
- Pablo Neruda, Chilean poet and Nobel Prize winner
- Carl Paivio, Finnish labor activist
- Angel Rama, Uruguayan scholar
- Margaret Randall, writer and activist
- Pierre Trudeau, who later became Prime Minister of Canada.
Changes to the Law
Parts of the Immigration and Nationality Act of 1952 are still in effect today. But it has been changed many times. The Immigration and Nationality Services Act of 1965 made big changes to it.
The Immigration Act of 1990 removed some rules that banned immigrants based on their political beliefs. However, members of Communist Parties are still not allowed to become U.S. citizens.
After the attacks on September 11, 2001, President George W. Bush put in place new border and immigration controls.
In January 2017, President Donald Trump's Executive Order 13769 also referred to the "Immigration and Nationality Act."
