What is the immigration Act of 1952, and why is it back in the spotlight?
The Trump administration has repeatedly turned to a decades-old law to justify its latest immigration policies. White House Press Secretary Karoline Leavitt referenced the Immigration and Nationality Act of 1952 (INA) this week in defense of the arrest and impending deportation of Palestinian activist Mahmoud Khalil, a legal U.S. resident with a green card.
Homeland Security Secretary Kristi Noem also cited the act earlier this year when she announced plans to require undocumented immigrants to register with the federal government. The INA has become a go-to legal foundation in policy decisions, speeches, and executive actions. But what exactly is this law, and why does it keep surfacing in political discourse?
A cornerstone of modern immigration law
Originally enacted during the Truman administration, the INA of 1952, also known as the McCarran-Walter Act, remains the bedrock of U.S. immigration policy. Though it has been amended hundreds of times, the framework established by the INA still governs immigration procedures today. According to Niels Frenzen, an immigration expert at the University of Southern California Gould School of Law, "Decades of sweeping changes in immigration law link back to the act."
The law emerged during the Cold War and was shaped by anti-communist sentiment. While it lifted some race-based immigration restrictions, particularly for Asian immigrants, it largely preserved an immigration system favoring Europeans. Notably, it also introduced provisions allowing the U.S. government to deny visas or deport individuals based on ideological grounds, a power that remains controversial.
How has the Trump administration used the INA?
The administration has leveraged various provisions of the INA to push its immigration agenda. Most recently, it invoked Section 237(a)(4)(C) to justify the arrest and deportation of Mahmoud Khalil, a Palestinian activist who helped organize campus protests at Columbia University related to the Israel-Hamas war. Despite being a legal permanent resident and married to a U.S. citizen, Khalil is facing deportation under a provision that allows visa or green card revocation for individuals deemed adversarial to U.S. foreign policy and national security interests.
However, legal experts argue that the provision is rarely used and requires extensive judicial review. "The government has a high burden of proof in these cases," said Richard Boswell, a professor at the University of California San Francisco specializing in immigration law.
A high-profile precedent dates back to the Clinton administration when former Mexican deputy attorney general Mario Ruiz Massieu was arrested in 1995 for attempting to leave the U.S. with $26,000 in undeclared cash. Then-Secretary of State Warren Christopher argued that his deportation was necessary to maintain diplomatic cooperation with Mexico.
Other key uses of the INA
- Travel Bans: Under Section 212(f), the president has the authority to bar entry to any individual or group deemed "detrimental to the interests of the United States." Trump used this provision to justify his travel ban on multiple Muslim-majority countries during his first term and has laid the groundwork for a renewed version in his second term.
- Immigrant Registration: In February, Homeland Security Secretary Noem announced plans to enforce INA provisions requiring undocumented immigrants to register with the federal government. Those who fail to comply could face fines or imprisonment.
- Humanitarian Parole: President Biden has used the INA's humanitarian parole provision more extensively than any previous president, temporarily admitting individuals from crisis-hit countries such as Ukraine, Afghanistan, Cuba, Haiti, Nicaragua, and Venezuela. This clause allows the president to admit individuals "on a case-by-case basis for urgent humanitarian reasons or significant public benefit." The Trump administration, however, is now facing legal challenges for its attempt to end the long-standing use of this tool.
A Law with enduring influence
As immigration policy remains at the center of national debate, the Immigration and Nationality Act of 1952 continues to serve as the foundation for both restrictive and humanitarian measures. Its broad and sometimes ambiguous language provides administrations with a powerful tool to shape U.S. immigration policy, whether through enforcement crackdowns or relief programs.
The ongoing legal battles and policy shifts surrounding the INA underscore its significance—and its ability to shape the future of immigration law for generations to come.
This article is based on reporting from The Associated Press.