Katana VentraIP

Immigration and Nationality Act of 1952

The Immigration and Nationality Act of 1952 (Pub. L.Tooltip Public Law (United States) 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]

Long title

An Act To revise the laws relating to immigration, naturalization, and nationality; and for other purposes.

INA

McCarran–Walter Act

June 27, 1952

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 and 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 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.

Japanese writer

Kōbō Abe

British sociologist

Tom Bottomore

South African writer

Dennis Brutus

Bulgarian opera singer

Boris Christoff

Argentine novelist

Julio Cortázar

Palestinian poet

Mahmoud Darwish

French philosopher

Michel Foucault

Italian playwright and recipient of the 1997 Nobel Prize in Literature[37]

Dario Fo

Mexican writer

Carlos Fuentes

Colombian novelist and recipient of the 1982 Nobel Prize in Literature

Gabriel García Márquez

British writer

Graham Greene

writer and recipient of the 2007 Nobel Prize in Literature (Southern Rhodesia (now Zimbabwe) / Great Britain)

Doris Lessing

scholar and Trotskyist activist

Ernest Mandel

Canadian writer[38][39]

Farley Mowat

Swedish scholar

Jan Myrdal

Chilean poet and recipient of the 1971 Nobel Prize in Literature

Pablo Neruda

Finnish labor activist and anarchist

Carl Paivio

Uruguayan scholar

Angel Rama

writer, translator, and activist

Margaret Randall

prior to becoming Prime Minister of Canada.[38][39]

Pierre Trudeau

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.[36]

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

National Origins Formula

Remain in Mexico

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+.

As codified in from LII

8 USC chapter 12

as amended (PDF/details) in the GPO Statute Compilations collection

Immigration and Nationality Act

Regulations in of the CFR from LII

8 CFR Subchapter B

Regulations in of the CFR from the OFR

8 CFR Subchapter B

U.S. immigration and nationality law, 1952–82

Bertram M. Bernard Immigration Law Index