Immigration and Nationality Act of 1952 - Provisions

Provisions

The Act abolished racial restrictions found in United States immigration and naturalization statutes going back to the Naturalization Act of 1790, which had limited naturalization to immigrants who were "free white persons" of "good moral character." The 1952 Act retained a quota system for nationalities and regions. Eventually, the Act established a preference system which determined which ethnic groups were desirable immigrants and placed great importance on labor qualifications.

The Act defined three types of immigrants: immigrants with special skills or relatives of U.S. citizens who were exempt from quotas and who were to be admitted without restrictions; average immigrants whose numbers were not supposed to exceed 270,000 per year; and refugees.

The Act allowed the government to deport immigrants or naturalized citizens engaged in subversive activities and also allowed the barring of suspected subversives from entering the country. It was used to bar members and former members and "fellow travelers" of the Communist Party from entry into the United States, even those who had not been associated with the party for decades.

It expanded the definition of the "United States" for nationality purposes, which already included Puerto Rico and the Virgin Islands to add Guam. Persons born in these territories on or after December 24, 1952 acquire U.S. citizenship at birth on the same terms as persons born in other parts of the United States.

A 1962 guideline explained procedures under the Act:

The Immigration and Nationality Act of 1952 requires an alien to apply for a petition for naturalization. This form may be obtained from any office of the Immigration and Naturalization Service, a division of the Department of Justice, or from any court authorized to naturalize aliens. Before applying, an alien must be at least 18 years old and must have been lawfully admitted to live permanently in the United States. He must have lived in the United States for five years and for the last six months in the state where he seeks to be naturalized. In some cases, he need only have lived three years in the United States. He must be of good moral character and "attached to the principles of the Constitution". The law states that an alien is not of good moral character if he is a drunkard, has committed adultery, has more than one wife, makes his living by gambling, has lied to the Immigration and Naturalization Service, has been in jail more than 180 days for any reason during his five years in the United States, or is a convicted murderer.