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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A 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.