McCarran-Walter Technical Corrections Act
- Sponsor
- Rep. Kennedy, Timothy M. [D-NY-26]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 22, 2025
Bottom line
The bill modernizes U.S. immigration law regarding Indigenous peoples' border crossing rights by eliminating a discriminatory blood quantum requirement and explicitly recognizing members of U.S. federally recognized tribes and Canadian First Nations, granting them lawful permanent resident status.
What it actually does
This bill amends Section 289 of the Immigration and Nationality Act to remove the outdated '50 per centum of blood of the American Indian race' requirement for Indigenous individuals to cross U.S. borders. It expands eligibility to include members or those eligible for membership in federally recognized Indian Tribes in the U.S., and individuals with Indian status or membership in a self-governing First Nation in Canada. Crucially, it also grants those admitted under these provisions the status of a person lawfully admitted for permanent residence.
Proponents argue
Proponents argue this bill corrects a historical injustice and aligns U.S. law with modern understandings of Indigenous identity and sovereignty, moving away from outdated and racially discriminatory blood quantum requirements. They emphasize that it honors treaty rights and the inherent right of Indigenous peoples to cross traditional territories that often predate modern national borders.
Opponents contend
Opponents, if any, might express concerns about potential administrative burdens for verifying tribal memberships and Canadian First Nation statuses or the precedent set by expanding categories for lawful permanent residence outside of traditional immigration pathways. However, direct opposition to recognizing Indigenous border rights is historically uncommon.
The bill is exceptionally short and clear, making it very accessible for any reader to understand its core changes quickly.
Section 2 of the bill, amending Section 289(a) of the Immigration and Nationality Act.
Modernizing Indigenous Border Crossing Eligibility
This provision removes the outdated requirement that American Indians must possess 'at least 50 per centum of blood of the American Indian race' to freely cross U.S. borders. Instead, it establishes new criteria, allowing members or those eligible for membership in federally recognized Indian Tribes in the United States, as well as individuals with 'Indian status' under Canada's Indian Act or membership in a self-governing First Nation in Canada, to cross the border. This change broadens the definition of who qualifies for these specific border rights, moving away from a race-based classification to one based on tribal and First Nation affiliation.
Supporters argue
Supporters argue this change is essential for rectifying historical injustices by eliminating a discriminatory blood quantum requirement that is not reflective of Indigenous self-identification or tribal sovereignty. They contend it respects the inherent rights of Indigenous peoples to traverse their ancestral lands, which often span the modern U.S.-Canada border, and aligns U.S. law with international human rights standards.
Critics contend
No specific organized opposition is typically raised against correcting outdated and discriminatory provisions related to Indigenous rights. Potential concerns, if any, might revolve around the administrative processes for verifying eligibility, but these are generally considered minor compared to the policy goal of rectifying historical discrimination.
Tradeoffs
The primary tension addressed is balancing historical treaty rights and Indigenous sovereignty with modern immigration enforcement and national security concerns. The bill resolves this by prioritizing the recognition of Indigenous identity and ancestral ties over arbitrary racial classifications, while still maintaining a framework for legal entry.
Section 2 of the bill, adding subsection (b) to Section 289 of the Immigration and Nationality Act.
Granting Lawful Permanent Resident Status to Eligible Individuals
This new subsection specifies that any person admitted to the United States under the updated criteria for Indigenous border crossing rights (i.e., members of federally recognized U.S. tribes or Canadian First Nations) will automatically be granted the status of a person lawfully admitted for permanent residence. This clarifies their legal standing within the United States, providing a clear pathway to residency for those exercising their border crossing rights under this section, ensuring they are not left in a precarious legal status.