HR 4596
McCarran-Walter Technical Corrections Act
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Bill overview
This bill makes a technical correction to the Immigration and Nationality Act to clarify the rights of Native Americans and First Nations people to cross the U.S. border. Specifically, it updates the definition of who qualifies as a member of a federally recognized Indian Tribe or a First Nation in Canada for border crossing purposes. The changes ensure that individuals with Indian status in Canada, regardless of blood quantum, and members of federally recognized tribes are recognized. The bill aims to streamline the process for these individuals to enter the United States.
Key provisions
- Clarifies eligibility for border crossing for members of federally recognized Indian Tribes.
- Expands eligibility to include First Nations individuals in Canada with Indian status or First Nation membership.
- Removes the requirement of a minimum blood quantum for qualifying as a member.
- Establishes that individuals admitted under the revised provisions have the status of a person lawfully admitted for permanent residence.
Who is affected
- Federally Recognized Indian Tribes
- First Nations individuals in Canada
- Immigration officials
- Border crossing applicants
Notable changes
- Eliminates the requirement of a minimum percentage of American Indian blood for eligibility.
- Includes individuals with Indian status in Canada, regardless of registration.
- Broadens the definition of ‘First Nation’ to include self-governing First Nations.
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119th CONGRESS — 1st Session
H. R. 4596
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Immigration and Nationality Act with respect to the right of members of a federally recognized Indian Tribe in the United States and First Nations individuals in Canada to cross the borders of the United States.
This Act may be cited as the McCarran-Walter Technical Corrections Act
.
Section 289 of the Immigration and Nationality Act (8 U.S.C. 1359) is amended—
by inserting (a)
before Nothing
;
who possess at least 50 per centum of blood of the American Indian race.and inserting the following: “who—
has Indian status in Canada through registration under the Indian Act (R.S.C., 1985, c. I–5); or
by adding at the end the following:
A person who is admitted to the United States pursuant to subsection (a) shall have the status of a person lawfully admitted for permanent residence.