The Trump administration constantly refers to the Immigration Act of 1952: What is it and what does it say?

In explaining its tough immigration policy, the administration of the 47th US president often refers to the Immigration Act of 1952. What is this document, explains Associated Press.

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In explaining the arrest and planned deportation of a Palestinian activist and green card holder, White House press secretary Carolyn Levitt cited the Immigration and Nationality Act of 11 on March 1952.

Homeland Security Secretary Kristi Noem cited the legislation in late February when she announced that anyone living in the U.S. illegally must register with the federal government.

This law has been repeatedly mentioned in presidential decrees, press releases and speeches.

On the subject: Trump Requires All Migrants to Register and Submit Biometrics

What is the law?

The Immigration and Nationality Act of 1952 (INA), also known as the McCarran-Walter Act, is the primary legislation governing immigration to the United States. The act was passed during the Cold War, when there were concerns about the communist threat, and it had a significant impact on U.S. immigration policy.

The INA removed some of the racial restrictions that had previously existed and expanded immigration opportunities for people from Asia. However, it maintained a clear preference for immigrants from Europe and limited opportunities for migration from other parts of the world. One of the key points of this act was the introduction of rules allowing the use of ideological reasons for visa denial and deportation.

The act has been amended many times over the decades, but its core provisions have remained in effect. These changes have affected both visa requirements and deportation procedures. The INA continues to serve as the basis for modern immigration law in the United States, including measures such as mandatory biometric registration and requirements to maintain immigration status.

The first Trump administration made heavy use of the act’s provisions to implement its hardline immigration policies, particularly in the context of deporting people it deemed to have violated national security laws or were hostile to U.S. policy. For example, the White House invoked Section 237(a)(4)(C) to deport activists and others it deemed a security threat.

Sometimes the INA has been used to impose restrictions on entry into the country for certain categories of people.

Why do government officials constantly talk about the Immigration and Nationality Act of 1952?

This act is often cited because it is the legal basis for the modern immigration system, covering a wide range of rules and procedures. It has been amended hundreds of times since its passage during the Truman administration.

All of these amendments were large laws in their own right, but they all made changes to the 1952 statute, said Nils Frenzen, an immigration law expert at the University of Southern California's Gould School of Law.

How the Trump administration used the act

Most recently, the White House administration used the INA as the basis for the arrest of Mahmoud Khalil, a Palestinian activist who helped organize student protests at Columbia University against the war between Israel and Hamas. Khalil is a Palestinian born and raised in Syria. Last year, he became a lawful permanent resident of the United States after receiving a green card. Khalil is married to a U.S. citizen.

However, according to the administration, he can still be deported.

"Under the Immigration and Nationality Act, the Secretary of State has the authority to revoke the green card or visa of an individual who is hostile to the foreign policy or national interests of the United States," Levitt told reporters on March 11.

Legal experts say the reality is more complicated. The provision the White House is citing, Section 237(a)(4)(C), is rarely invoked, requires careful judicial review, and is intended for exceptional cases in which a person’s presence in the U.S. could create diplomatic complications.

“Deportation must be based on probable cause,” said Richard Boswell, a professor at the University of California, San Francisco, School of Law who specializes in immigration law. “The burden of proof is on the government.”

Lawyers often cite the case of the application of this law during the Clinton administration.

Mario Ruiz Massieu, a former deputy attorney general of Mexico, was arrested in 1995 while trying to smuggle $26 in cash out of the United States without declaring it. Then-Secretary of State Warren Christopher said that failure to deport Ruiz Massieu “would jeopardize our ability to cooperate with Mexico on law enforcement issues.”

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When else was this act applied?

• Under Section 212(f), the president can deny entry to “any alien or class of aliens into the United States” if their presence would be “detrimental to the interests of the United States.” Donald Trump used the provision to impose a travel ban on citizens of several Muslim-majority countries in his first term, and on the first day of his second term, he laid the groundwork for renewing the ban. His advisers are expected to make recommendations on the matter this month.
• In late February, Noem said she would “fully enforce the Immigration and Nationality Act” and require anyone living in the U.S. illegally to register with the federal government. Those who fail to do so face fines, jail time, or both.
• Joe Biden has used the law’s humanitarian parole provision more than any previous president, temporarily allowing entry into the United States for people from Ukraine, Afghanistan, Cuba, Haiti, Nicaragua, and Venezuela. Specifically, the law allows the president to admit anyone “on a case-by-case basis for compelling humanitarian reasons or to benefit the public in a significant way.” The Trump administration is now trying to end that practice.

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