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, which indeed includes language allowing for the deportation of individuals based on foreign policy concerns. According to the 9 FAM 302.14, the Secretary of State has the authority to exclude any applicant whose entry or proposed activities in the United States would have "potentially serious adverse foreign policy consequences" for the U.S. This provision is codified under INA 212(a)(3)(C) and has been referenced in various legal contexts, including recent cases involving student deportations (NPR, Washington Post).

The Immigration and Nationality Act of 1952 was a significant piece of legislation that not only established immigration quotas but also included provisions that reflected the geopolitical concerns of the era, particularly during the Cold War (History State, USCIS).

Analysis

The provision in question is indeed rarely invoked, but it is a legitimate part of U.S. immigration law. The language of the statute is clear, allowing the Secretary of State to determine that an individual's presence could pose a threat to U.S. foreign policy interests. This has been confirmed by multiple sources, including the official U.S. Code and the U.S. Department of State.

Critics of this provision argue that it can be subjectively applied, potentially leading to arbitrary decisions based on political considerations rather than objective criteria (NPR). The reliability of the sources discussing this provision is generally high; they include government documents and reputable news outlets that have reported on its implications in current events. However, it is important to note that the interpretation and application of this provision can vary depending on the political climate and the individuals in power.

The recent cases cited in the media, such as the deportation of students, illustrate how this provision can be activated. For instance, the Washington Post reported on how the Secretary of State's determination can lead to deportation based on perceived threats to foreign policy, reinforcing the claim's validity.

Conclusion

The claim that a provision of the Immigration and Nationality Act of 1952 allows for the deportation of individuals based on potential adverse foreign policy consequences is True. The provision is explicitly stated in the law and has been applied in recent cases, confirming its existence and operational status within U.S. immigration policy.

Sources

1. Immigration and Nationality Act of 1952
2. Immigration and Nationality Act
3. 8 U.S.C. § 1227(a)(4)(C) - Office of the Law Revision Counsel
4. 9 FAM 302.14 (U) INELIGIBILITY BASED ON SANCTIONED ...
5. The controversial and obscure law being used against immigrant ... - NPR
6. Rubio cites little-used foreign policy provision to deport students ...
7. Immigration and Nationality Act of 1952 - Wikipedia
8. Law from the 1950s may play role in Columbia University student ...