en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
8 corrections found
When President Lyndon B. Johnson became president on January 8, 1964
Johnson did not become president on January 8, 1964. He became president on November 22, 1963, immediately after John F. Kennedy was assassinated.
Full reasoning
This date is incorrect. The official Joint Congressional Committee on Inaugural Ceremonies states that Lyndon Baines Johnson became the 36th President of the United States on November 22, 1963, when he was sworn in aboard Air Force One after President Kennedy’s assassination. So January 8, 1964 is not the date he became president.
1 source
- SWEARING IN OF LYNDON BAINES JOHNSON - The Joint Congressional Committee on Inaugural Ceremonies
"November 22, 1963 ... Lyndon Baines Johnson became the 36th President of the United States upon the assassination of John F. Kennedy."
It also defined "special immigrants" in six different categories
The 1965 act did not define six special-immigrant categories there. In the statute as amended by the 1965 law, the special-immigrant definition runs from clauses (A) through (E) — five categories, not six.
Full reasoning
The article’s category count is wrong. In section 8(a) of Public Law 89-236, Congress rewrote INA §101(a)(27) so that the term "special immigrant" consisted of clauses (A) through (E). Those are five categories in the 1965 act’s text, not six.
This matters because the article is describing the contents of the 1965 law itself, and the enacted statute is the controlling source.
1 source
- Public Law 89-236, 79 Stat. 911 (Immigration and Nationality Act Amendments of 1965)
Section 8(a) rewrites INA §101(a)(27): 'the term "special immigrant" means— (A) ... (B) ... (C) ... (D) ... (E) ...'
An immigrant who is 14 years old or younger and who has been considered an immediate relative of a U.S. citizen but whose parent(s) cannot take care of them for multiple reasons, including death, abandonment, and so on.
That orphan provision was not one of the 1965 act’s “special immigrant” categories. The law placed it in the definition of a "child" for immediate-relative classification, not in INA §101(a)(27)'s special-immigrant list.
Full reasoning
This bullet is misclassified. In Public Law 89-236, the special immigrant definition appears in amended INA §101(a)(27), which lists categories (A) through (E). The orphan language for a child under 14 appears separately in section 8(c), amending INA §101(b)(1)(F) — the definition of "child" for immediate-relative/adoption purposes.
So the bullet is not describing a special-immigrant category created by the 1965 act; it is describing a different provision entirely.
1 source
- Public Law 89-236, 79 Stat. 911 (Immigration and Nationality Act Amendments of 1965)
Section 8(a) lists special immigrants in INA §101(a)(27)(A)-(E). Separately, section 8(c) amends INA §101(b)(1)(F): 'a child, under the age of fourteen ... who is an orphan because of the death or disappearance of, abandonment or desertion by ... both parents...'
At the same time, the skilled preferences include individuals and their dependents who have extraordinary ability or significant knowledge in the arts, sciences, business, or entertainment; skilled workers in sectors facing labor shortages; investors willing to make large-sum investments in the U.S. economy; religious workers; and foreign nationals who have served in the U.S. military.
This does not match the 1965 act’s preference system. The 1965 law gave preference to professionals or people of exceptional ability, workers needed to fill labor shortages, and refugees; it did not create investor or military-service preference categories, and ministers were listed separately as "special immigrants," not as preference immigrants.
Full reasoning
The article is mixing the 1965 act’s preference system with immigration categories created or reorganized later.
In the enacted 1965 law, INA §203(a) gave quota preferences to:
- unmarried sons and daughters of U.S. citizens;
- spouses and unmarried sons/daughters of permanent residents;
- members of the professions or people of exceptional ability in the sciences or arts;
- married sons and daughters of U.S. citizens;
- brothers and sisters of U.S. citizens;
- workers able to perform specified skilled or unskilled labor where a shortage existed; and
- certain refugees via conditional entry.
The statute does not list investor categories or military-service categories in that 1965 preference system. It also places a minister of religion in the separate special immigrant definition, not in the preference categories.
So this sentence inaccurately describes what the 1965 act itself provided.
2 sources
- Public Law 89-236, 79 Stat. 911 (Immigration and Nationality Act Amendments of 1965)
Amended INA §203(a) lists preference categories for unmarried children of citizens; spouses/unmarried children of permanent residents; 'members of the professions' or people of exceptional ability in the sciences or arts; certain skilled or unskilled workers in shortage occupations; and refugees. It does not list investors or military-service categories there.
- Public Law 89-236, 79 Stat. 911 (Immigration and Nationality Act Amendments of 1965)
Amended INA §101(a)(27)(D) separately defines as a 'special immigrant' a person entering 'solely for the purpose of carrying on the vocation of minister of a religious denomination' and the spouse/child of such person.
the executive order violated the Immigration and Nationality Act's prohibitions of discrimination on the basis of nationality and religion.
The INA provision at issue prohibits discrimination in immigrant-visa issuance based on race, sex, nationality, place of birth, or residence — not religion. Courts discussing the statute in the travel-ban litigation likewise described it as a ban on nationality-based discrimination.
Full reasoning
This sentence incorrectly attributes a religion-discrimination prohibition to the Immigration and Nationality Act.
The relevant INA nondiscrimination provision, 8 U.S.C. § 1152(a)(1)(A), says no person shall be discriminated against in immigrant-visa issuance because of the person’s race, sex, nationality, place of birth, or place of residence. It does not include religion in that statutory list.
And when the Ninth Circuit discussed § 1152(a)(1)(A) in the travel-ban litigation, it described the statute as prohibiting nationality-based discrimination in the issuance of immigrant visas. Religion-based objections to the order were litigated under constitutional theories such as the Establishment Clause, not because the INA itself expressly bans religious discrimination in visa issuance.
2 sources
- 8 U.S. Code § 1152 - Numerical limitations on individual foreign states
"no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence."
- Hawaii v. Trump, Ninth Circuit opinion (Dec. 22, 2017)
The opinion discusses "§ 1152(a)(1)(A)'s prohibition on nationality-based discrimination in the issuance of immigrant visas."
which excludes people who have a bona fide relationship with a person or entity in the United States.
This reverses what happened. The 'bona fide relationship' limitation came from earlier lower-court injunctions and the Supreme Court's June 2017 order on an earlier travel-ban version; on December 4, 2017, the Supreme Court stayed the injunctions and allowed the proclamation to take effect without that blanket bona-fide-relationship carveout.
Full reasoning
The article conflates two different stages of the travel-ban litigation.
The "bona fide relationship" limitation came from the Supreme Court’s June 26, 2017 order concerning the second travel-ban version and from lower-court injunctions that were later narrowed to cover people with bona fide U.S. relationships.
But for the third version of the ban, the Supreme Court’s December 4, 2017 order in Trump v. Hawaii granted the government’s stay application and stayed the district court’s preliminary injunction pending appeal. The Supreme Court docket entry does not preserve a general bona-fide-relationship exception. And filings in the case describe the injunction the government sought to stay as one that had already been limited to people with bona fide U.S. relationships — meaning that when the Court granted the stay, it removed that protection rather than preserving it.
So it is inaccurate to describe the December 2017 version as the full ban 'which excludes' people who have bona fide U.S. relationships. The opposite is closer to what happened: the Court allowed the proclamation to take effect despite that lower-court limitation.
2 sources
- Docket for 17-965, Trump v. Hawaii
"Dec 04 2017 ... Application (17A550) granted by the Court ... the District Court's October 20, 2017 order granting a preliminary injunction is stayed pending disposition of the Government's appeal..."
- Petition for Certiorari in International Refugee Assistance Project v. Trump
The petition explains that the district court had "limited its preliminary injunction to individuals who already have a bona fide relationship with a person or entity in the United States" and that "On December 4, 2017, the Court issued identical orders ... granting the stay applications."
The Emergency Immigration Act of 1921 restricted the rate of immigration from all countries to the 1910 level.
That is not how the 1921 quota law worked. The Emergency Quota Act limited annual immigration from each nationality to 3% of the number of foreign-born people of that nationality already living in the U.S. under the 1910 census; it did not simply reduce immigration 'to the 1910 level.'
Full reasoning
This sentence misstates the quota formula used by the 1921 law.
The Emergency Quota Act of 1921 did not cap immigration at a generic "1910 level." Instead, it imposed nationality-based quotas: annual admissions from a given country were limited to 3 percent of the number of foreign-born persons of that nationality residing in the United States according to the 1910 census.
That distinction matters because the law was not just pegging overall immigration to one year’s total. It was creating a quota system tied to each nationality’s 1910 U.S. census presence.
2 sources
- Emergency Quota Law (1921) - Immigration History
"Annual quotas for each country of origin were calculated at 3 percent of the total number of foreign-born persons from that country recorded in the 1910 census."
- Emergency Quota Act - Miller Center
Harding signed the Emergency Quota Act into law, "limiting the number of immigrants from any given country to 3 percent of that nationality already in the United States by 1910."
which it was passed on October 3, 1965.
October 3, 1965 was the date the bill became law, not the date it passed Congress. Congress.gov shows H.R. 2580 passed the House on August 25, 1965, passed the Senate on September 22, 1965, and became law on October 3, 1965.
Full reasoning
This sentence conflates passage by Congress with becoming law.
According to Congress.gov’s bill history for H.R. 2580, the measure:
- was introduced in the House on January 13, 1965;
- passed the House on August 25, 1965;
- passed the Senate on September 22, 1965; and
- became Public Law No. 89-236 on October 3, 1965.
So October 3, 1965 was the date President Johnson signed the bill into law, not the date Congress passed it.
1 source
- H.R.2580 - 89th Congress (1965-1966): An Act to amend the Immigration and Nationality Act, and for other purposes
Congress.gov lists the bill status sequence as: "Introduced in House" (01/13/1965), "Passed/agreed to in House" (08/25/1965), "Passed Senate/agreed to in Senate" (09/22/1965), and "Became Public Law No. 89-236" (10/03/1965).