Fact Check: A rarely used provision of the Immigration and Nationality Act of 1952 allows the government to deport individuals whom the U.S. Secretary of State 'has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States.'

Fact Check: "A rarely used provision of the Immigration and Nationality Act of 1952 allows the government to deport individuals whom the U.S. Secretary of State 'has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States.'"

What We Know

The claim refers to a specific provision within the Immigration and Nationality Act of 1952 (INA), also known as the McCarran-Walter Act. This act was significant in shaping U.S. immigration policy during the Cold War era. It retained the national origins quota system while also addressing concerns about national security and foreign policy implications of immigration.

According to the INA, the Secretary of State is empowered to determine the deportability of individuals if their presence is believed to have "potentially serious adverse foreign policy consequences" for the United States. This provision reflects the historical context of the act, which was influenced by fears of communist infiltration and the need to protect national interests (source-2, source-4).

Analysis

The provision in question is indeed part of the INA, specifically under the deportation grounds outlined in 8 U.S.C. § 1227(a). This section allows for the removal of non-citizens based on various criteria, including those related to foreign policy concerns (source-3). The historical context of the INA indicates that it was designed to address both immigration and national security issues, which were paramount during the Cold War (source-1, source-5).

While the provision may be rarely invoked, its existence highlights the ongoing intersection of immigration policy and foreign relations. The act was passed with significant political support despite opposition from those who viewed it as discriminatory, particularly towards Asian immigrants (source-2). The reliability of the sources discussing this provision is high, as they include legal texts and historical analyses from reputable institutions.

Conclusion

The claim that a provision of the Immigration and Nationality Act of 1952 allows the government to deport individuals based on potential foreign policy consequences is True. The INA explicitly provides the Secretary of State with the authority to act on such grounds, reflecting the act's dual focus on immigration and national security.

Sources

1. Immigration and Nationality Act
2. Immigration and Nationality Act of 1952
3. 8 U.S.C. § 1227(a) - Office of the Law Revision Counsel
4. McCarran-Walter Act, 1952
5. Immigration and Nationality Act of 1952
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