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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. It came into effect on June 27, 1952. Before the Immigration and Nationality Act of 1952, a variety of statutes governed immigration law but were not organized within one body of text. According to its own text, the Act is officially entitled as just the Immigration and Nationality Act, but it is frequently specified with 1952 at the end in order to differentiate it from the 1965 law.
It also ended Asian exclusion from immigrating to the United States and introduced a system of preferences based on skill sets and family reunification. Situated in the early years of the Cold War, the debate over the revision of U.S. immigration law demonstrated a division between those interested in the relationship between immigration and foreign policy, and those linking immigration to concerns over national security. The former group, led by individuals like Democrat Congressman from New York Emanuel Celler, favored the liberalization of immigration laws. Celler expressed concerns that the restrictive quota system heavily favored immigration from Northern and Western Europe and therefore created resentment against the United States in other parts of the world.
He felt the law created the sense that Americans thought people from Eastern Europe as less desirable and people from Asia inferior to those of European descent. The latter group, led by Democratic Senator from Nevada Pat McCarran and Democratic Congressman from Pennsylvania Francis Walter, expressed concerns that the United States could face communist infiltration through immigration and that unassimilated aliens could threaten the foundations of American life. To these individuals, limited and selective immigration was the best way to ensure the preservation of national security and national interests.
Remarkably, economic factors were relatively unimportant in the debate over the new immigration provisions. Although past arguments in favor of restrictionism focused on the needs of the American economy and labor force, in 1952, the Cold War seemed to take precedent in the discussion. Notably, the American Federation of Labor and the Congress of Industrial Organizations took opposite sides in the debate, demonstrating that there was not one, clear pro-labor position.
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At the basis of the Act was the continuation and codification of the National Origins Quota System. It revised the 1924 system to allow for national quotas at a rate of one-sixth of one percent of each nationality’s population in the United States in 1920. As a result, 85 percent of the 154,277 visas available annually were allotted to individuals of northern and western European lineage. The Act continued the practice of not including countries in the Western Hemisphere in the quota system, though it did introduce new length of residency requirements to qualify for quota-free entry.
The 1952 Act created symbolic opportunities for Asian immigration, though in reality it continued to discriminate against them. The law repealed the last of the existing measures to exclude Asian immigration, allotted each Asian nation a minimum quota of 100 visas each year, and eliminated laws preventing Asians from becoming naturalized American citizens. Breaking down the “Asiatic Barred Zone” was a step toward improving U.S. relations with Asian nations.
At the same time, however, the new law only allotted new Asian quotas based on race, instead of nationality. An individual with one or more Asian parent, born anywhere in the world and possessing the citizenship of any nation, would be counted under the national quota of the Asian nation of his or her ethnicity or against a generic quota for the “Asian Pacific Triangle.” Low quota numbers and a uniquely racial construction for how to apply them ensured that total Asian immigration after 1952 would remain very limited.
Analysis of the McCarran-Walter Act by F. Odo:
This legislation eliminated all restrictions on
, finally allowing Japanese immigrants to become American citizens. It followed earlier legislation permitting Chinese, Filipinos, and Asian Indians to naturalize . . . Its major limitations was the retention of the quota system that severely limited immigration from Asian and Pacific nations. The act also broadened definition of deportable and
and those of potentially subversive intent, creating language to validate possible mass detention. And while the elimination of the 1917 “barred zone” was positive, a new term, “the Asia-Pacific triangle,” permitted a maximum of only 2,000 immigrants from the nineteen countries included . . . President Harry Truman, feeling that the act did not go far enough to remove objectionable elements, vetoed the bill, but he was overridden by Congress. In later years, Truman, Eisenhower, Kennedy, and Johnson worked to eliminate the racially restrictive quota system (p. 335).
In 1947, in the midst of debate over war-refugee policy and in large measure in response to that crisis, the Senate authorized a subcommittee of the Judiciary Committee to conduct a comprehensive study of the nation’s immigration policy, the first time since the Dillingham Commission of 1907-1910 . . . after the 1948 elections Senator Pat McCarran took over the chair a.
McCarran, a conservative and devout Catholic from Nevada, was a dedicated anti-Communist and Cold War warrior . . . [The] 250-page draft omnibus bill introduced by McCarran in 1950-and the legislation that Congress ultimately passed in 1952-have been considered most notable for their preservation of the national origins quota system. But preserving the national origins quotas was not the central motivation . . . Rather, McCarran saw revision of the nation’s immigration laws as a tool in the United States’ urgent battle against Communism.
McCarran viewed immigration policy a matter of “internal security.” The Senate subcommittee’s report rehearsed the well-worn charge that “the Communist movement in the United States is an
movement, sustained, augmented, and controlled by European Communists and the Soviet Union.” McCarran stressed the need to “bring our immigration system into line with the realities of Communist tactics…”
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