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  • Can we please define "Migrant" and "Immigrant?" Oh, we did. McCarren-Walter Immigration Act. In part.

    GENERAL CLASSES OF 

    ALIENS

     INELIGIBLE TO RECEIVE 

    VISAS

     AND EXCLUDED FROM ADMISSION SEC. 212. (a) . . . .

    (28) 

    Aliens

     who are, or at any time have been, members of any of the following classes: (A) Aliens who are anarchists; (B) Aliens who advocate or teach, or who are members of or affiliated with any organization that advocates or teaches, opposition to all organized government; (C) Aliens who are members of or affiliated with (i) the Communist Party of the United States, (ii) any other totalitarian party of the United States, (iii) the Communist Political Association, (iv) the Communist or any other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state . . . .

    IMMEDIATE 

    DEPORTATION

     OF 

    ALIENS

     EXCLUDED FROM ADMISSION OR ENTERING I N VIOLATION OF LAW

    SEC. 237. (a) Any 

    alien

     (other than an alien crewman) arriving in the United States who is excluded under this Act, shall be immediately deported to the country whence he came, in accommodations of the same class in which he arrived, on the vessel or aircraft bringing him, unless the Attorney General, in an individual case, in his discretion, concludes that immediate 

    deportation

     is not practicable or proper…

    TITLE III—NATIONALITY AND 

    NATURALIZATION

    CHAPTER 1—NATIONALITY AT BIRTH AND BY COLLECTIVE 

    NATURALIZATION

    ELIGIBILITY FOR 

    NATURALIZATION

    SEC. 311. The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of 

    race

     or sex or because such person is married. Notwithstanding section 405 (b), this section shall apply to any person whose petition for 

    naturalization

     shall hereafter be filed, or shall have been pending on the effective date of this Act.

    Analysis of the McCarran-Walter Act by M. Ngai:

    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 

    alien

     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…”

    In 1952 Congress passed the omnibus Immigration and 

    Naturalization

     Act, also known as the McCarran-Walter Act. In typical Cold War language, McCarran described the law as a necessary weapon to preserve “this Nation, the last hope of Western Civilization.” He added, “If this oasis of the world shall be overrun, perverted, contaminated, or destroyed, then the last flickering light of humanity will be extinguished.”

    The McCarran-Walter Act replaced the Immigration Act of 1917 as the nation’s foundational immigration law (and it remains so today, as amended)… The law retained the numerical ceiling of 155,000 quota-immigrants per year based on the national origins formula of 1924, which was numerically more restrictive than previous policy in light of increase in the nation’s population since 1924. There was no specific provisions for admitting 

    refugees

    . The law’s sponsors stated there was no claim to “any theory of Nordic superiority,” only concern for “similarity of cultural background.” But the retention of the national origins quotas reflected that logic which cast the 

    native-born

     as the most loyal Americans, especially whites of British and north European descent, and the foreign-born as subversive, especially Jews, who were imagined as Bolsheviks, and Italians, who were viewed as anarchists.

    While also preserving nonquota immigration from countries of the Western Hemisphere, it imposed quotas on the former British colonies in the Caribbean, a move that was designed to limit the migration of black people into the United States. The law’s Asiatic policy contained both progressive and reactionary elements. The law eliminated the racial bar to 

    citizenship

    , which finally ended Japanese and Korean exclusion and made policy consistent with the recent repeals of Chinese, Indian, and Filipino exclusion. It was arguably the most important reform of the McCarran-Walter Act, as it established, for the first time, the general principle of color-blind citizenship. But the law also created an “Asia Pacific Triangle,” which was a global 

    race

     quota aimed at restricting Asian immigration into the United States..

    Excerpt from:
    Ngai, M. M. (2004). Impossible subjects: Illegal 

    aliens

     and the making of modern America. Princeton, NJ: Princeton University Press.

    Immigration and Nationality Act of 1952 (The McCarran-Walter Act) - Immigration History
    The McCarran-Walter Act reformed some of the obvious discriminatory provisions in immigration law. While the law provided quotas for all nations and…
    • The Act retained the National Origin Quota System established by the 1924 Immigration Act, but expanded it to all countries and introduced the first system of visa preferences. This necessitated both the removal of previous bars to immigration from Asia and the imposition of numerical limits on immigration from Latin America and the Caribbean that had not existed before. However, the ethnic bias of the new system was clear: 70 percent of all immigrant slots were allotted to natives of the United Kingdom, Ireland and Germany,

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