badbobby wrote:
Sadly
Did the 101st Congress on November 18, 1990 quietly repeal the "McCarran Warner Act of 1952" forbidding muslims from holding office? No, that's not true for the simple reason that there never was such an act. Also, forbidding muslims from holding office would go against Article VI, Clause 3 of the United States Constitution which reads (in part): "no religious test shall ever be required as a qualification to any office or public trust under the United States"
This is the closest that I could find on that bill badbobby hope the heips some.
Immigration and Nationality Act of 1952
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Immigration in the U.S.
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The Immigration and Nationality Act is a comprehensive federal immigration law adopted in 1952. Also known as the McCarran–Walter Act, the Immigration and Nationality Act of 1952 modified the national origins quota system, which had been established under the Immigration Act of 1924. The national origins quota system set limits on the numbers of individuals from any given nation who could immigrate to the United States. The law also codified and compiled existing laws from a variety of sources into a single text. Although the national origins quota system was eliminated by legislation adopted in 1965, the remainder of the law comprises the foundation of Title 8 of the United States Code, the canon of federal law relating to immigration policy.[1]
Background
Immigration Act of 1924
According to the United States Department of State Office of the Historian, "the Immigration Act of 1924 limited the number of immigrants allowed entry into the United States through a national origins quota." The act provided for the granting of immigration visas to 2 percent of the total number of people of each nationality in the United States, calculated as of the 1890 census. Immigrants from Asia were barred under this system. Quotas were not applied to immigrants from the Western Hemisphere. The Immigration Act of 1924 was also known as the Johnson-Reed Act.[2]
Legislative history
The Immigration and Nationality Act of 1952 was introduced in the United States House of Representatives on October 9, 1951, as HR 5678. The House approved the bill on April 25, 1952. The United States Senate approved its version of the bill on May 22, 1952. A joint conference committee was convened to reconcile the differences between the two versions of the bill. The conference committee version of the bill was adopted by the House on June 10, 1952, and by the Senate on June 11, 1952.
Senator Pat McCarran (D), one of the bill's primary sponsors, argued that the law's provisions were necessary in order to preserve national security:[3]
“ 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.[4] ”
—Senator Pat McCarran
President Harry Truman (D) vetoed the legislation on June 25, 1952. In his veto statement, Truman said the following:[5]
“ [HR 5678] would not provide us with an immigration policy adequate for the present world situation. Indeed, the bill, taking all its provisions together, would be a step backward and not a step forward. In view of the crying need for reform in the field of immigration, I deeply regret that I am unable to approve HR 5678. ... The bill would continue, practically without change, the national origins quota system, which was enacted, into law in 1924, and put into effect in 1929. This quota system–always based upon assumptions at variance with our American ideals–is long since out of date and more than ever unrealistic in the face of present world conditions.[4] ”
—President Harry Truman
On June 26, 1952, the House voted 278-113 to override Truman's veto. The Senate followed suit on June 27, 1952, voting 57-26.[6][7]
Provisions
National origins quota system
The Immigration and Nationality Act of 1952 modified the national origins quota system introduced by the Immigration Act of 1924, rescinding the earlier law's prohibition on Asian immigration. Under the 1952 law, national origins quotas were set at one-sixth of 1 percent of each nationality's population the United States as of the 1920 census. At the time of enactment, the law provided for the issuance of 154,277 visas under the quota system. Immigrants from the Western Hemisphere continued to be excluded from the quota system, as were the non-citizen husbands of American citizens (non-citizen wives of American citizens had been exempted from the quota system earlier). The national origins quota system was eliminated in 1965 with the passage of the Immigration and Naturalization Act.[8][9]
Section 212
Section 212 of the Immigration and Nationality Act of 1952 granted the President of the United States the following authority:[1][10]
“ 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.[4] ”
—Immigration and Nationality Act of 1952, Section 212
Other provisions
The act established preferences for certain visa applicants, including those with specialized skills and those who families already resided in the United States.[1][8]
The Armed Forces Naturalization Act of 1968 amended the Immigration and Nationality Act "to provide for the naturalization of persons who have served in active-duty services in the Armed Forces of the United States."[11]