Memorandum by Joseph Fanelli, a Study of the McCarran and Walter Bills S-2550 and HR 5678, on Immigration, Naturalization, and Nationality
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OCR Page 1 of 18A STUDY OF THE MC CARRAN AND WALTER BILLS S-2550
AND HR 5678, ON IMMIGRATION, NATURALIZATION, AND
NATIONALITY
1 Introductory
Under present law, immigration matters are governed
by two main statutes: the Immigration Act of 1917, 8 U.S.C.
173, and the Immigration Act of 1924, 8 U.S.C. 201. The
1917 Act covers all phases of immigration other than quota.
The 1924 Act is concerned with the various aspects of our
quota system. Nationality matters (who is a citisen) and
naturslization matters (the acquiring of citizenship by
naturalisation) are both covered in one statute, the
Nationality Act of 1940, 8 U.S.C. 907. Each of these laws
is a comprehensive code in and of itself, implemented by
years of administretive and judicial interpretstions.
The McCarran Bill (s. 2550, 82₫ Congress, 2d Sess.)
and the Walter Bill (H.R. 5678, 82₫ Congress, 2d Sess.)
attempt a codification and revision of all of our present
laws on immigration, nationality, and metarclisation, plus
our present law on registration of sliens (Title III of the
Alien Registration Act of 1940, 8 U.S.C. 451).
The McCarren and Walter Bills are companien bills of
substantially the same content. To simplify discussion,
we will refer to the McCarran Bill in the text of this study,
and point out in the mergin the variations of any significance
in the Walter Bill.
In the study we seek answers to the following questions.
First, is the proposed legislation well drafted and readily
understandable to those who have to understand it? Good
legislation should be so drafted. Second, what is the not
effect upon the present rights and privileges of the citizen?
In our tradition, the Government exists for the citizen,
and not the citizen for the Government. We premise then,
that permissible enlargement of the rights end privilages
of the citizen is good; and that unnecessary restriction
of those rights and privileges is bed. Third, what is the
net effect of the proposed Logislation upon non-citizen
residents of the United States? As & criterion here ve
premise that consistent with national security and the orderly
administration of our laws, our residents should be made
secure. Fourth, what is the not effect upon international
travel to and from the United States? Here, we put aside
the thought advanced by many that a democracy keepa alive
by multiple and veried interchange and contact. Rather, we
observe that international conserce is at least important
if not essential to our aconomy. From that viewpoint,
1 The prints of the bills used are: 8. 2550 B B
reported Jenuary 29, 1952 by the Senate Committee
on the Judiciary and H. R. 5678 as reported
(February 14, 1952) by the House Committee on the
Judiciary. The Valter Bill, H. R. 5678, has passed
the House. All amendments made by the House are
minor in the whole context of H. R. 5678; but ve
will refer in the Mergin to those of any significance.
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