Америка Құқығы: Иммиграция және Азаматтық Акты (1952)

American immigration law

The Immigration and Nationality Act of 1952 , also known as the McCarran–Walter Act, codified under Title 8 of the United States Code , governs immigration to and citizenship in the United States. It came into effect on June 27, 1952. The legislation consolidated various immigration laws into a single text. Officially titled the Immigration and Nationality Act, it is often referred to as the 1952 law to distinguish it from the 1965 legislation. 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. 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. 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. However, Congress overrode the veto by a two thirds vote of each house. The 82nd United States Congress enacted the H. R. 5678 bill, which became effective on June 27, 1952. 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.

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.

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." Overall immigration from the "Asiatic barred zone" was capped at 2000 people annually. 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. 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. Japanese Americans and Korean Americans were first allowed to naturalize by the McCarran Walter Act. 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. states:
blockquote|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. Annual National QuotaAct of 1921Act of 1924Act of 19521922%1925%1930%1965% 288 0.08% 100 0.06% 100 0.07% 100 0.06% 230 0.06% 124 0.08% 100 0.07% 100 0.06% 7,451 2.08% 785 0.48% 1,413 0.92% 1,405 0.89% 1,563 0.44% 512 0.31% 1,304 0.85% 1,297 0.82% 302 0.08% 100 0.06% 100 0.07% 100 0.06% 14,357 4.01% 3,073 1.87% 2,874 1.87% 2,859 1.80% 301 0.08% 228 0.14% 100 0.07% 5,619 1.57% 2,789 1.69% 1,181 0.77% 1,175 0.74% 1,348 0.38% 124 0.08% 116 0.08% 115 0.07% 3,921 1.10% 471 0.29% 569 0.37% 566 0.36% 71 0.02% 5,729 1.60% 3,954 2.40% 3,086 2.01% 3,069 1.94% 67,607 18.90% 51,227 31.11% 25,957 16.89% 25,814 16.28% 3,294 0.92% 100 0.06% 307 0.20% 308 0.19% 5,638 1.58% 473 0.29% 869 0.57% 865 0.55% 75 0.02% 100 0.06% 100 0.07% 100 0.06% 28,567 17.35% 17,853 11.61% 17,756 11.20% 42,057 11.75% 3,854 2.34% 5,802 3.77% 5,666 3.57% 1,540 0.43% 142 0.09% 236 0.15% 235 0.15% 2,460 0.69% 344 0.21% 386 0.25% 384 0.24% 92 0.03% 100 0.06% 100 0.07% 100 0.06% 3,607 1.01% 1,648 1.00% 3,153 2.05% 3,136 1.98% 12,202 3.41% 6,453 3.92% 2,377 1.55% 2,364 1.49% 31,146 8.70% 5,982 3.63% 6,524 4.24% 6,488 4.09% 2,465 0.69% 503 0.31% 440 0.29% 438 0.28% 7,419 2.07% 603 0.37% 295 0.19% 289 0.18% / 24,405 6.82% 2,248 1.37% 2,784 1.81% 2,697 1.70% 912 0.25% 131 0.08% 252 0.16% 250 0.16% 20,042 5.60% 9,561 5.81% 3,314 2.16% 3,295 2.08% 3,752 1.05% 2,081 1.26% 1,707 1.11% 1,698 1.07% 2,388 0.67% 100 0.06% 226 0.15% 225 0.14% 77,342 21.62% 34,007 20.65% 65,721 42.76% 65,361 41.22% 6,426 1.80% 671 0.41% 845 0.55% 942 0.59% and 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%

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.

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. 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.

The Immigration and Nationality Act eliminated numerous due process safeguards shielding immigrants from deportation abuses. 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. 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. The period of withholding deportation was up to the Attorney General as well.