Today, the Trump administration is citing the Immigration and Nationality Act of 1952, a restrictive measure written by nativist members of Congress decades ago when fears of communism were rampant, to sharply restrict the rights of noncitizens. Under this law, also known as the McCarran-Walter Act, federal agencies have arrested and detained noncitizens associated with pro-Palestinian protests, reintroduced immigrant registration requirements, and imposed a new travel ban that affects 19 nations. Since the 1950s, Congress has removed some of this sprawling federal law's most discriminatory features, such as racist national origins quotas. But other key provisions remain on the books. Now they are the primary legal basis for some of President Donald Trump's most controversial immigration crackdowns. In March 2025, the White House invoked the McCarran-Walter Act to justify arresting and deporting Mahmoud Khalil, a legal permanent resident who had participated in pro-Palestinian...
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