With the exception of the chinese exclusion act of 1882, the two bodies of immigration and nationality law were not coordinated, nor did either make any reference to the other. Nationals and citizens of united states at birth text contains those laws in effect on april 11, 2020 from title 8aliens and nationality chapter 12immigration and nationality subchapter iiinationality and naturalization part i. The immigration and nationality act, often referred to as the ina, is a federal law and a basic act of immigration law. Nationals and citizens of united states at birth text contains those laws in effect on april 11, 2020 from title 8aliens and nationality chapter 12 immigration and nationality subchapter iii nationality and naturalization part i nationality at birth and collective naturalization.
During the antebellum years and for a time thereafter, immigration and nationality law appeared to agree and serve national goals. Prior to enactment of the ina, immigration law was governed by a variety of statutes but they were not consolidated in one location. An act to make provision for british nationality and for citizenship of the united kingdom and colonies and for purposes connected with the matters aforesaid. Immigration was first considered to be a worker issue before 1940, and was handled under the department of labor. The immigration act of 1924 limits the number of immigrants allowed into the united states yearly through nationality quotas. The law specified that neither sex nor marital status could be considered in naturalization decisions, but it did outline specifications concerning race and ethnicity. Its stated purpose was to revise and codify the nationality laws of the united states into a comprehensive nationality code. Immigration and nationality act of 1952 the mccarranwalter act 1952. The immigration and nationality act of 1952 the mccarranwalter act. Immigration and nationality act of 1952 the mccarranwalter.
The following provision, enacted as part of the refugee act of 1980, relating to the united states coordinator for refugee affairs is included at this point in title 8, united states code, but is not part of the immigration and nationality act. Any provision of law including section 301b of the immigration and nationality act 8 u. It was enacted by the 76th congress of the united states and signed into law on october 14, 1940, a year after world war ii had begun in europe, but before the u. Finally, and perhaps of the greatest importance, will be an essential evaluation of any impact. Department of state ds4083 formerly fs348 0820 this form is prescribed by the secretary of state pursuant to section 501 of the act of october 14, 1940 54 stat. An act of march 2, 1907, also known as the expatriation act, changed. A variety of statutes governed immigration law before this, but they werent organized in one location.
Before there was the ina, there were a variety of statutes governing the immigration law. Immigration and nationality act ina the immigration and nationality act ina was enacted in 1952. Immigration and nationality act authorizes the department of homeland security dhs to deputize selected state and local law enforcement officers to enforce federal immigration law. Dec 22, 2019 the immigration and nationality act in the united states. The nationality act of 1940 was repealed and superseded by the immigration and nationality act of 1952. Independent nationality act or the married womens act passed on september 22, 1922, and repealed the. Posts about 1940 nationality act written by gringaofthebarrio. The nationality act was passed by congress in 1940 and signed into law by president franklin d.
An act to revise and codify the nationality laws of the united states. Pertains chiefly to nationality at birth, nationality through naturalization, and loss of nationality 1943 chinese exclusion repeal act of 1943 magnuson act repealed the chinese exclusion act and permitted chinese nationals already in the country to become naturalized citizens. The immigration and nationality act was created in 1952. Immigration and nationality act reflecting amendments by iiraira pub. Immigration and nationality act of 1952 the mccarran. The immigration and nationality act of 1952 the mccarran. A previous bill had been recalled for changes to dear up certain. Through the 1950s to the 1980s not many laws were created or strictly enforced because the government viewed immigrants as a potential boost to the economy. United states, were contained in the immigration act of 1917.
While the law provided quotas for all nations and ended racial restrictions on citizenship, it expanded immigration enforcement and retained offensive national origins quotas. Chapter 876 an act to revise and codify the nationality laws of the united states into a comprehensive nationality code. History books, newspapers, and other sources use the popular name to refer to these laws. Under the new quota system, the united states issues. The quan titative quota restrictions were enacted with the alien registration act of.
It was the first law that committed the united states to accept immigrants of all nationalities on a roughly equal basis. Immigration and nationality act section 287g wikimili. In the late 1930s the united states was once again scratching away at the parchment writing out the legal parameters of. This act may be cited as the nationality act of 1940. Congress mandated that any american woman who marries. Hearings before a subcommittee of the committee on immigration, united states senate, seventyseventh congress, second session on h. The immigration and nationality act of 1952 upheld the national origins quota system established by the immigration act of 1924, reinforcing this controversial system of immigrant selection. This is a meeting of the subcommittee appointed by chairman. Name historical timeline history of legal and illegal. The refugee act office of refugee resettlement acf. The mccarranwalter act reformed some of the obvious discriminatory provisions in immigration law. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, that the nationality laws of the united states are revised and codified as follows. In marriage, husband is domi nant, wife subordinate.
The ina has been amended many times over the years and contains many of the most important provisions of immigration law. May 29, 2018 the immigration and nationality act, sometimes known as the ina, is the basic body of immigration law in the united states. Chapter 1 nationality at birth and by collective naturalization 301 nationals and citizens of the united states at birth 302 persons born in puerto rico on or after april 11, 1899. Applying the theory of the jus sanguinis, the nationality act of 1940 goes far beyond the act of february 2, 1855,6 and the act of may 24, 1934. Congress has passed many laws on derivation of citizenship, including the act of may 24, 1934, the nationality act of 1940, the immigration and nationality act sections 320 and 321, the act of october 5, 1978, the act of december 29, 1981, the act of november 14, 1986, and the child citizenship act of 2000. Congress has passed many laws on derivation of citizenship, including the act of may 24, 1934, the nationality act of 1940, the immigration and nationality act sections 320 and 321, the act of october 5, 1978, the act of december 29, 1981, the act of november 14, 1986, and the. The immigration and nationality act, also known as the hartcellar act, was created in 1952 and became law in 1965.
In the late 1930s the united states was once again scratching away at the parchment writing out the legal parameters of the nationality act of 1940. At the crux of understanding immigration governance is acknowledging that immigration is not a program to be administered. The immigration and nationality act, sometimes known as the ina, is the basic body of immigration law in the united states. Nationality act of 1940, or under chapter 3 of this title. The ina collected many provisions and reorganized the structure of. This act shall be known as the philippine immigration act of 1940. From the opening statement of senator francis maloney. Pertains chiefly to nationality at birth, nationality through naturalization, and loss of nationality 1943 chinese exclusion repeal act of 1943 magnuson act repealed the chinese exclusion act and permitted chinese nationals already in. The immigration and nationality act of 1952 thoughtco. Section 287g allows the dhs and law enforcement agencies to. Immigration and nationality act this version of the immigration and nationality act ina is current as of december 2002, with the exception of sections 2a 241, which are current as of march 2004.
Ds4083 certificate of loss of nationality of the united. The immigration and nationality act ina was enacted in 1952. The nationality act of 1940 outlined the process by which immigrants could acquire u. United states immigration and nationality act of 1952 8. Roosevelt signed a new citizenship and naturalization act. The provisions of the registration of foreigners rules, 1940 hereinafter in this order referred to as the rules, shall not apply to, or in relation to, any person who proves to the satisfaction of the registration officer that he has not attained the age of eighteen years, provided that the necessary particulars in regard to such person. Dec 12, 2017 with the exception of the chinese exclusion act of 1882, the two bodies of immigration and nationality law were not coordinated, nor did either make any reference to the other. The problematic parts of the legislation are certiain conditions that, if not met, a persons citizenship automatically expires. Nationality act of 1940 wikipedia republished wiki 2.
The ina is also known as the mccarranwalter act, named after the bills sponsors. If an internal link incorrectly led you here, you may wish to change the link to point directly to the intended article. And sometimes they are meant to garner political support for a law by giving it a catchy name as with the usa patriot act or the take pride in america act or by invoking public outrage or sympathy as with any number of laws named for victims of crimes. Laws, decrees, bills and regulations relating to nationality. Prior to the immigration and nationality act, there were a variety of different statutes which governed immigration law but were not consolidated in one location. O1 nnd on history of the act may 24, 1934, occurred two notable events. Border security, economic opportunity, and immigration modernization act of 20 this article includes a list of related items that share the same name or similar names. What the law sayssection 264 of the immigration and nationality act ina states, every alien in the united states.