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S 2577119th CongressIn Committee

McCarran-Walter Technical Corrections Act

Introduced: Jul 31, 2025
Immigration
Standard Summary
Comprehensive overview in 1-2 paragraphs

This bill, titled the McCarran-Walter Technical Corrections Act, makes a targeted correction to the Immigration and Nationality Act (INA). It revises Section 289 (8 U.S.C. 1359), which defines who qualifies for the “right to cross the borders of the United States” on the basis of Indian status. Rather than tying eligibility to a blood-quantum threshold, the amendment replaces the 50 percent American Indian blood requirement with status-based criteria: (1) being a member or eligible to become a member of a federally recognized Indian Tribe in the United States, or (2) having Indian status in Canada through registration under the Indian Act or holding membership in a self-governing First Nation in Canada. In short, the bill updates the definition to recognize tribal membership and Canadian Indigenous status as the basis for crossing rights, moving away from ancestry-only requirements. The bill’s purpose appears to align U.S. cross-border indigenous rights with contemporary forms of recognition and membership in Indigenous communities in both the United States and Canada. It is a technical correction rather than a broad immigration reform bill, aimed at clarifying and modernizing who is eligible under the statute.

Key Points

  • 1Repeals the prior blood-quantum threshold of “at least 50 percent blood of the American Indian race” in INA Section 289 (8 U.S.C. 1359).
  • 2Adds two eligibility pathways:
  • 3- (1) Membership or eligibility to become a member of a federally recognized Indian Tribe in the United States.
  • 4- (2) Canadian-based eligibility:
  • 5- (A) Indian status in Canada through registration under the Indian Act; or
  • 6- (B) Membership in a self-governing First Nation in Canada.
  • 7The change broadens the definition of who can exercise the right to cross borders under this provision by focusing on recognized membership/status rather than blood quantum.
  • 8The bill is introduced in the 119th Congress and carries the designation “McCarran-Walter Technical Corrections Act.”

Impact Areas

Primary group/area affected- Members of federally recognized Indian Tribes in the United States and First Nations individuals in Canada who meet the new status or membership criteria.Secondary group/area affected- U.S. immigration/nationality authorities implementing Section 289, and Canadian Indigenous registries or First Nation authorities responsible for determining status or membership.Additional impacts- Administrative and legal: potential changes in how eligibility is verified (tribal enrollment rolls, Indian Act registration records, or self-governing First Nation memberships) and how cross-border entries are determined.- Intergovernmental: closer alignment of U.S. and Canadian recognition of Indigenous status, which could influence border policy conversations and tribal sovereignty considerations.- Legal clarity: reduces ambiguity around blood-quantum requirements and reflects modern Indigenous identity frameworks; potential questions or challenges around the interpretation of “self-governing First Nation” status in Canada.
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