KOMMONSENTSJANE – IMMIGRATION AND NATIONALITY ACT OF 1952

Our main problem that comes to mind is the present Congress cannot read. We have these laws and they can’t read so they can’t evoke them.

If you will glance over this and take note that we have a law on the books about communists and to think we have a whole caboodle called the “Democratic Socialist Party” who are outlaws in this country. Why isn’t the Congress using this to expel these people or put these people in jail for subversion?

Immigration and Nationality Act of 1952

From Wikipedia, the free encyclopedia

Immigration and Nationality Act of 1952

Great Seal of the United States

Other short titles
McCarran–Walter Act

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

Enacted by
the 82nd United States Congress

Effective
June 27, 1952

Titles amended
8 U.S.C.: Aliens and Nationality

U.S.C. sections created
8 U.S.C. ch. 12

Legislative history

Introduced in the House as H.R. 5678 by Francis E. Walter (D-PA) and Pat McCarran (D-NV) on October 9, 1951
Passed the House on April 25, 1952 (passed)
Passed the Senate on May 22, 1952 (passed)

Reported by the joint conference committee on May 23, 1952; agreed to by the House on June 10, 1952 (adopted) and by the Senate on June 11, 1952 (adopted)

Vetoed by President Harry S. Truman on June 25, 1952
Overridden by the House on June 26, 1952 (278–113)
Overridden by the Senate and became law on June 27, 1952 (57–26)

Major amendments

USA PATRIOT Act

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 has been in effect since June 27, 1952. Before this Act, a variety of statutes governed immigration law but were not organized within one body of text.

Contents [hide]
1 Veto 1.1 Override

2 Provisions 2.1 Race
2.2 Politics and religion
2.3 Naturalization

3 Enforcement
4 Modifications
5 See also
6 References
7 Further reading
8 External links

Veto[edit]

H.R. 5678 was named after its sponsors, Senator Pat McCarran (D-Nevada), and Congressman Francis Walter (D-Pennsylvania).

President Harry Truman, a Democrat, vetoed the Act because he regarded the bill as “un-American” and discriminatory. His veto message said:[1][2][3]

Today, we are “protecting” ourselves as we were in 1924, against being flooded by immigrants from Eastern Europe. This is fantastic. … We do not need to be protected against immigrants from these countries–on the contrary we want to stretch out a helping hand, to save those who have managed to flee into Western Europe, to succor those who are brave enough to escape from barbarism, to welcome and restore them against the day when their countries will, as we hope, be free again….These are only a few examples of the absurdity, the cruelty of carrying over into this year of 1952 the isolationist limitations of our 1924 law.

In no other realm of our national life are we so hampered and stultified by the dead hand of the past, as we are in this field of immigration.

Override[edit]

Truman’s veto was overridden by a vote of 278 to 113 in the House and 57 to 26 in the Senate.

Speaking in the Senate on March 2, 1953, McCarran said:[4]

I believe that this nation is the last hope of Western civilization and if this oasis of the world shall be overrun, perverted, contaminated or destroyed, then the last flickering light of humanity will be extinguished. I take no issue with those who would praise the contributions which have been made to our society by people of many races, of varied creeds and colors. … However, we have in the United States today hard-core, indigestible blocs which have not become integrated into the American way of life, but which, on the contrary are its deadly enemies. Today, as never before, untold millions are storming our gates for admission and those gates are cracking under the strain. The solution of the problems of Europe and Asia will not come through a transplanting of those problems en masse to the United States. … I do not intend to become prophetic, but if the enemies of this legislation succeed in riddling it to pieces, or in amending it beyond recognition, they will have contributed more to promote this nation’s downfall than any other group since we achieved our independence as a nation.

Provisions[edit]

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 which 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 relatives of 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.[5]

Race[edit]

The McCarran-Walter Act abolished the “alien ineligible to citizenship” category from US immigration law, which de facto only applied to people of Asian descent. Small, token quotas of about 100 people per country were established for the countries of Asia.

However, people of Asian descent but who were citizens of a non-Asian country counted towards the quota of their Asian ancestral country. Overall annual immigration from the Asiatic Barred Zone was also capped at 2000.

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.[8]

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.[7]

Politics and religion[edit]

(The following references “communists.” The past Presidents did not do their job since the bulk (Bernie Sanders) Democratic Party has fallen into the communist pot.)

The Act allowed the government to deport immigrants or naturalized citizens engaged in subversive activities and also allowed the barring of suspected subversives from entering the country. It was used to ban members and former members and “fellow travelers” of the Communist Party from entry into the United States, even those who had not been associated with the party for decades.

The act also allowed the government to prevent polygamists from entering the country. It specifically stated under Title II, chapter 2, “GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION”, Section 212, sub (a), part (11): “Aliens who are polygamists or who practice polygamy or advocate the practice of polygamy”. If one was a polygamist, advocate of polygamy or your religious belief or ideology advocates the practice of polygamy, they would not be allowed in the United States under this law.

Naturalization[edit]

A 1962 guideline explained procedures under the Act:

The Immigration and Nationality Act of 1952 requires an alien to apply for a petition for naturalization. This form may be obtained from any office of the Immigration and Naturalization Service, a division of the Department of Justice, or from any court authorized to naturalize aliens.

Before applying, an alien must be at least 18 years old and must have been lawfully admitted to live permanently in the United States. He must have lived in the United States for five years and for the last six months in the state where he seeks to be naturalized.

In some cases, he need only have lived three years in the United States. He must be of good moral character and “attached to the principles of the Constitution”. The law states that an alien is not of good moral character if he is a drunkard, has committed adultery, has more than one wife, makes his living by gambling, has lied to the Immigration and Naturalization Service, has been in jail more than 180 days for any reason during his five years in the United States, or is a convicted murderer.

Enforcement

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 travelling to the US because of anti-American political views and/or criminal records.

(How much more specific can our law be?)

Among those listed, there are noted communists, socialists, and anti-American sympathizers.

(Omitted.)

If you want to see the rest of this law – check out Google.

*************

So you see folks, we have laws now on the books that could be tweaked and enforced to cover our present situation. We could throw George Soros out today – if only these weak-kneed folks would do their job.

kommonsentsjane

About kommonsentsjane

Enjoys sports and all kinds of music, especially dance music. Playing the keyboard and piano are favorites. Family and friends are very important.
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