The McCarran Act of 1952

Discussion in 'Immigration' started by kazenatsu, Aug 22, 2019.

  1. kazenatsu

    kazenatsu Well-Known Member Past Donor

    Joined:
    May 15, 2017
    Messages:
    34,722
    Likes Received:
    11,272
    Trophy Points:
    113
    Here's a little law most people may not be aware is on the books... very interesting...

    After several terrorist incidents were carried out in the United States, Donald Trump was severely criticized and sued for suggesting that the U.S. should limit or temporarily suspend the immigration of certain ethnic groups, nationalities and even people of certain religions; Muslims in particular. Most Americans haven't a clue of their history.

    The criticisms condemned such a suggestion as, among other things, being un-American, dumb, stupid, reckless, dangerous and racist. Congressmen and senators swore that they would never allow such legislation, and our former president called such a prohibition on immigration unconstitutional.

    Well, surprise, surprise! It seems that the selective immigration ban is already law and has been applied on several occasions.
    Known as the "McCarran-Walter Act", the Immigration and Nationality Act of 1952 allows for the: "suspension of entry or imposition of restrictions by the president, whenever the president finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States."

    "The president may, by proclamation and for such a period as he shall deem necessary, suspend the entry of all aliens or any class of aliens, immigrants or non- immigrants, or impose any restrictions on the entry of aliens he may deem to be appropriate."

    Who was president when this was passed?
    Harry Truman

    Who do you suppose last used this process?
    Jimmy Carter

    Carter used it 40 years ago, in 1979 to keep Iranians out of the United States. But Carter actually did more. He made ALL Iranian students, already in the United States, check in with the government, then he deported a bunch of them. Seven thousand were found in violation of their visas and a total of 15,000 Iranians were forced to leave the USA in 1979.

    So, what do you say about all of the criticism that Donald Trump received from the Democrat senators, representatives and the Obama Administration ???

    Additionally, it is important to note that the McCarran-Walter Act also requires that an " applicant for immigration must be of good moral character and in agreement with the principles of our Constitution." Wow !!


    Incidentally, both McCarran and Walter were Democrats.
     
  2. Lil Mike

    Lil Mike Well-Known Member

    Joined:
    Aug 4, 2011
    Messages:
    51,635
    Likes Received:
    22,946
    Trophy Points:
    113
    It's why the courts moving to stop Trump's ban on those seven countries was always ridiculous. The law already granted Trump the power to ban people.
     
  3. Moonglow

    Moonglow Well-Known Member

    Joined:
    Nov 19, 2013
    Messages:
    20,754
    Likes Received:
    8,047
    Trophy Points:
    113
    Gender:
    Male
    Noticed they didn't say the word Muslim..?
     
  4. Moonglow

    Moonglow Well-Known Member

    Joined:
    Nov 19, 2013
    Messages:
    20,754
    Likes Received:
    8,047
    Trophy Points:
    113
    Gender:
    Male
    Not if you use the word Muslims or Islam..
     
  5. Lil Mike

    Lil Mike Well-Known Member

    Joined:
    Aug 4, 2011
    Messages:
    51,635
    Likes Received:
    22,946
    Trophy Points:
    113
    First of all, false. There is nothing in the law preventing the banning of foreign groups based on religion.

    Secondly, did any of Trump's executive orders on the subject use "Islam" or "Muslim?"
     
  6. vman12

    vman12 Well-Known Member Past Donor

    Joined:
    Jun 25, 2015
    Messages:
    66,736
    Likes Received:
    46,529
    Trophy Points:
    113
    This was used against Haiti quite publicly.
     
    PrincipleInvestment likes this.
  7. vman12

    vman12 Well-Known Member Past Donor

    Joined:
    Jun 25, 2015
    Messages:
    66,736
    Likes Received:
    46,529
    Trophy Points:
    113
    Is "muslims" a group or class of aliens?
     
    PrincipleInvestment likes this.
  8. Moonglow

    Moonglow Well-Known Member

    Joined:
    Nov 19, 2013
    Messages:
    20,754
    Likes Received:
    8,047
    Trophy Points:
    113
    Gender:
    Male
    Do you have a very short memory of just one that doesn't exist?
     
  9. vman12

    vman12 Well-Known Member Past Donor

    Joined:
    Jun 25, 2015
    Messages:
    66,736
    Likes Received:
    46,529
    Trophy Points:
    113
    Oh no I've got a very long one.

    What argument would you like me to shred for you today.
     
    PrincipleInvestment likes this.
  10. Moonglow

    Moonglow Well-Known Member

    Joined:
    Nov 19, 2013
    Messages:
    20,754
    Likes Received:
    8,047
    Trophy Points:
    113
    Gender:
    Male
    I never said they could not ban people from a certain nation yet they can't do it based on a religion because of the first amendment.
     
  11. Moonglow

    Moonglow Well-Known Member

    Joined:
    Nov 19, 2013
    Messages:
    20,754
    Likes Received:
    8,047
    Trophy Points:
    113
    Gender:
    Male
    Try to think why Trump was dumped by the courts when he tried to ban Muslims....
     
  12. kazenatsu

    kazenatsu Well-Known Member Past Donor

    Joined:
    May 15, 2017
    Messages:
    34,722
    Likes Received:
    11,272
    Trophy Points:
    113
    The First Amendment says "establishment of religion", not "immigration of religion".

    Foreigners are not established in the country.
     
    Last edited: Aug 22, 2019
  13. vman12

    vman12 Well-Known Member Past Donor

    Joined:
    Jun 25, 2015
    Messages:
    66,736
    Likes Received:
    46,529
    Trophy Points:
    113
    8 U.S.C. § 1182(f)

    The government’s statutory case hinges primarily on 8 U.S.C. § 1182(f), which provides:


    Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

    Is "muslim" a class of alien.
     
    PrincipleInvestment and Lil Mike like this.
  14. vman12

    vman12 Well-Known Member Past Donor

    Joined:
    Jun 25, 2015
    Messages:
    66,736
    Likes Received:
    46,529
    Trophy Points:
    113
    He won....
     
    PrincipleInvestment likes this.
  15. Lil Mike

    Lil Mike Well-Known Member

    Joined:
    Aug 4, 2011
    Messages:
    51,635
    Likes Received:
    22,946
    Trophy Points:
    113
    Then how did the Jackson-Vanik amendment stay in force for so long? It specifically favored certain religious groups. Doesn't favoring one religion over another violate the 1st Amendment?

    Come to think of it, Part of our asylum laws include religious discrimination, so someone claiming asylum on religious grounds often has to actually prove that they are part of a particular religious group. Are asylum laws in violation of the 1st Amendment?
     
  16. vman12

    vman12 Well-Known Member Past Donor

    Joined:
    Jun 25, 2015
    Messages:
    66,736
    Likes Received:
    46,529
    Trophy Points:
    113
    Exactly.

    He's not banning them from practicing Islam.

    He's banning them from entering the US.

    They're welcome to practice their religion (as long as it's Islam) in their violent, ****hole countries as much as they'd like.
     
    Last edited: Aug 22, 2019
    PrincipleInvestment likes this.

Share This Page