Immigration and Nationality Act (1952)
The Immigration and nationality act was created in 1952. It is also known as the INA. Before there was the INA, there were a variety of statutes governing the immigration law. The problem with the law was that it was not organized in a specific location. The INA is divided into many titles, chapters and sections. The INA Act is contained in the United States Code (U.S.C). The USC is a collection of laws of the United States. The code is made up of fifty subjects that are alphabetized. The INA Act falls under Title 8 of 50, which deals with “Aliens and Nationality”. The INA is also known as the McCarran-Walter bill of 1952 (Public Law No. 80-414). The 1952 Act was named after the bill’s sponsors: Senator Pat McCarran (D-Nevada), and by Congressman Francis Walter (D-Pennsylvania). The act kept many of the same immigration laws and policies as the earlier act before it with some major changes: Established a central index of aliens in the U.S. for use by security and enforcement agencies Selective immigration was introduced by giving a quota preference to aliens with much-needed skills and relatives of U.S. citizens and alien residents. The policy of restricting immigrants from certain countries remained but the quota formula was revised. Introduced a reporting system whereby all U.S. Aliens were required to report their current address to the INS each year. Racial restrictions and gender discrimination were eliminated. The law was needed to stop the invasion of immigrants or aliens (non-US citizens) coming to America. The Law was not to stop the invasion, it was put into play to reduce and allow a number of people in throughout a calendar year (quota). Before the Law anyone who came to the US was technically a US citizen. The US was flooded by immigrants and thus the reason for the law. Some people were admitted to the US without being discriminated upon. The law did not focus on those who were unlawful, immoral, diseased in any way, etc. But accepted those who were able and willing to somehow help the US social, political and economically which restructured the immigration law then and now. The president at the time was President Truman (April 12, 1945 – January 20, 1953), he vetoed against the act by saying: “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.” Stating that if a person is brave enough to leave their country, we should help them be free and here in the US. His veto was overridden by a vote of 273 to 113 in the house and 57 to 26 in the Senate.
There have been many revisions to the law since it first came into fruition in 1790 to present. I believe there will continue to be revisions till the day comes that we do not have laws. The law covers employment eligibility, employment verification and nondiscrimination. Employers may only hire people who are legal to work in the US. The employer must verify the identity of the person looking for a job by having the person fill out the Employment Eligibility Verification Form (I-9). Attached is a History and importance of the revisions of the law.
Who does this law apply to?
Who was the President in 1952?
1952 - Harry S. Truman, 33rd President of the United States 1945-1953 Currently Effective:
2005 – The Real ID Act created restrictions on political asylum, severely curtailed habeas corpus relief for immigrants. This act also increased immigration enforcements mechanisms, altered judicial review and imposed federal restrictions on the issuance of state driver licenses to immigrants.
Alien - Immigration History & Importance
The Immigration and Nationality Act (INA) and regulations determined by the U.S. Citizenship and Immigration Services (USCIS) govern whether or not an alien may receive payments for services as well as reimbursements for travel and living expenses. Prior to 2003, USCIS was known as the Immigration and Naturalization Service(INS). An overview of the most significant acts related to immigration is outlined below. 1790 – Naturalization Act, declared “any alien, being a free white person, may be admitted to become a citizen of the United States" 1875 – Supreme Court declared regulation of US immigration a responsibility of the US government 1891 - Federal Government established the Bureau of Immigration under the Treasury Department and assumed the task of inspecting, admitting, rejecting, and processing all immigrants seeking admission to the United States 1933 – Congress merged two bureaus into one called Immigration & Naturalization Services (INS) 1952 - In 1952, the Immigration and Nationality Act also know as the McCarran-Walter Act was passed and became the basic foundation of immigration rules and regulations for the United States. It has been amended over the years. The most significant revisions were: Immigration Reform and Control Act (IRCA) of 1986
Immigration Act of 1990
Immigration and Naturalization Amendments of 1991
1986 - The Immigration Reform and Control Act (IRCA) of 1986 made it illegal for an employer to knowingly recruit or hire an individual (after November 6, 1986) who could not document their legal authorization to work in the United States. In addition, the Act: Required that employers verify documents for newly hired individuals and keep a record of verification on form I-9, Employment Eligibility Verification. Specified that employers who fail to obtain and file the proper documentation will be subject to a civil penalty starting at $100 per violation. Allowed aliens who have been residing in the U.S. illegally since January 1, 1982 to apply for amnesty. 1990 - The Immigration Act of 1990, and Immigration and Naturalization Amendments of 1991 placed further restrictions on employers. In particular, the Immigration Act of 1990 caused reorganization of permanent employment requirements and added the prevailing wage restriction for H-1 visa holders. 2001 – USA Patriot Act
2002 – The Homeland Security Act transitioned services provided by the Immigration and Naturalization Service (INS) into the Department of Homeland Security (DHS). 2005 - The Real ID Act of 2005 created restrictions on political asylum, severely curtailed habeas corpus relief for immigrants, increased immigration enforcement mechanisms, altered judicial review, and imposed federal restrictions on the issuance of state driver's licenses to immigrants and others. As revisions of immigration rules and penalties for violations thereof continue to grow, it is extremely important to determine the immigration status of aliens before departments remit any payment.