The McCarran-Walter Act: A Decades-Old Law Fueling Trump's Immigration Crackdown

Strategic Insights -

As the Trump administration sharpens its focus on immigration, it's relying on a decades-old law to justify restricting the rights of noncitizens. The McCarran-Walter Act, passed in 1952, has been used to detain and deport noncitizens associated with pro-Palestinian protests, reintroduce immigrant registration requirements, and impose a new travel ban that affects 19 nations. This law, once used to protect native-born Americans from communist threats, has evolved into a powerful tool for the administration to exert control over noncitizens.

Key Takeaways:

  • The McCarran-Walter Act, also known as the Immigration and Nationality Act of 1952, has been used to justify the detention and deportation of noncitizens associated with pro-Palestinian protests, including Mahmoud Khalil and Rumeysa Ozturk.
  • The law authorizes intrusive registration and tracking requirements for noncitizens who remain in the U.S. for 30 days or longer, including the requirement for all noncitizens over the age of 14 to register and be fingerprinted.
  • The Trump administration has cited the McCarran-Walter Act to justify a new travel ban on foreign nationals from 12 countries, mostly in Africa and the Middle East, and to exclude Harvard University's international students from the U.S.
  • A federal judge blocked the revocation of Harvard's certification to participate in the Student and Exchange Visitor Program, citing core constitutional free speech rights.
  • The McCarran-Walter Act has been used to justify the detention and deportation of noncitizens associated with pro-Palestinian protests, reintroduce immigrant registration requirements, and impose a new travel ban.

Statistics:

  • The McCarran-Walter Act was passed in 1952, during an era of heightened nativist sentiment in the United States.
  • 19 nations are affected by the new travel ban imposed by the Trump administration, citing the McCarran-Walter Act.
  • The federal government has detained and deported noncitizens associated with pro-Palestinian protests, including Mahmoud Khalil and Rumeysa Ozturk.
  • The McCarran-Walter Act has been used to justify the detention and deportation of noncitizens for over 60 years.

Sources:

  • The Conversation -- USA -- Daniel Tichenor, Professor of Political Science, University of Oregon
  • McCarran-Walter Act of 1952
  • Immigration and Nationality Act of 1952