The Immigration and Nationality Act
The Immigration and Nationality Act, or INA, was created in 1952. Before the INA, a variety of statutes governed immigration law but were not organized in one location. The McCarran-Walter bill of 1952, Public Law No. 82-414, collected and codified many existing provisions and reorganized the structure of immigration law. The Act has been amended many times over the years, but is still the basic body of immigration law.
The paragraph before this one illustrates the bloody mess that those Congressional legislators and at least most, our President Obama has done to a “system” however beforehand at least set guidelines for the procedure. What allowed President Obama, Senator, Patrick Leahy( D-VT), and Senator Charles Schumer (D NY), all members of the “Gang of Eight” especially Sen. Marco Rubio (R-FL), and Sen. Lindsey Graham (R-SC) to go wandering off to some DREAM ACT Planet and try to dispel the former rules?
Allow me please to poke holes in the above paragraph to illuminate how misleading it really is.
For the sake and brevity of this article let’s go back to at least when our government was stratifying; further, it was during this process that the Constitutional Convention was held and our Constitution was formed.
Please be well advised that from the origin of the United States of America Congress under Title 8 of the U.S. Code is but one of the fifty titles and deals with “Aliens and Nationality.” The INA is divided into titles, chapters, and sections. Although it stands alone as a body of law, the Act is also contained in the United States Code (U.S.C.).
When browsing the INA or other statutes you will often see reference to the U.S. Code citation. For example, Section 208 of the INA deals with asylum, and is also contained in 8 U.S.C. 1158. Although it is correct to refer to a specific section by either its INA citation or its U.S. code, the INA citation is more commonly used.
Before the Act of March 26, 1790, naturalization was under the control of the individual states. This first federal activity established a uniform rule for naturalization by setting the residence requirement at 2 years. In addition, the Act of January 29, 1795 repealed the 1790 act, and raised the residence requirement to 5 years. It also required, for the first time, a declaration of intention to seek citizenship at least 3 years before naturalization.
Along came the Naturalization Act of June 18, 1798 – a time when political tensions were running high and there was an increased desire to guard the nation. The residence requirement for naturalization was raised from 5 years to 14 years. Furthermore, four years later, Congress passed the Naturalization Act of April 14, 1802, which reduced the residence period for naturalization from 14 years back to 5 years.
The Act of May 26, 1824 made it easier for the naturalization of certain aliens who had entered the U.S. as minors, by setting a 2-year instead of a 3-year interval between declaration of intention and admission to citizenship. The Act of May 11, 1922 was an extension of a 1921 Act, and included an amendment that changed the residency requirement in a Western Hemisphere country from 1 year to the current requirement of 5 years.
Noncitizens who had served honorably in the U.S. armed forces during the Vietnam conflict or in other periods of military hostilities, were recognized in the Act of October 24, 1968. This act amended the Immigration and Nationality Act of 1952, providing an expedited naturalization process for these military members. The 2-year continuous U.S. residence requirement was done away with in the Act of October 5, 1978.
A major overhaul of immigration law occurred with the Immigration Act of November 29, 1990. In it, state residency requirements were reduced to the current requirement of 3 months.
This certainly is not the end-all for INS matters; in fact, this conjures up an old expression that was continually used during the 1990s and well as the 2000s, “When Congress has nothing whatsoever to do, hey, let’s look into changing immigration law! Which quite normally was the “call” in Congress.
Yet at the same time of illuminating what has happened to the INS and the heretofore actions that made it into the INA codes, one should remember that in the event of the original Founders their families had been formatting this Nation for 190 years before the Founders went to work on it; subsequently, since that period of time 200 years just up to 1990 has been a constant incompetent nefarious situation.
However what stimulates the irk in me by far more than all else lies within the notion of the original talking papers of Thomas Jefferson, George Washington, Alexander Hamilton, and James Madison, incidentally all presidents!
My own personal “musts” that are exceedingly overlooked are according to those talking papers as well as speeches by Theodore Roosevelt that concentrates on the good character of the applicant as well as the respect for assimilation, moreover, a respect for America and how she got the way to “make a better life for spouses and children” with of course the notion of learning the language properly. What is not copacetic is trying to change the greatest country to have graced the planet earth.