Building on the crack in the wall leveled by the Repeal of Chinese exclusion in 1943, the Luce-Celler Act continued to emphasize foreign relations and the diminishing of racial discrimination in extending naturalization rights and immigration quotas to other key U.S. allies in Asia, the Philippines and India. The Philippines gained independence from the United States in 1946 as did India from Great Britain.
AN ACT To authorize the admission into the United States of persons of races indigenous to India, and persons of races indigenous to the Philippine Islands, to make them racially eligible for naturalization, and for other purposes .
Be it enacted by the Senate and House o f Representatives of the United States of America in Congress assembled, That section 303 of the Nationality Act of 1940, as amended (54 Stat. 1140 ; 57 Stat. 601 ; 8 U. S . C ., Supp. 703), be amended to read as follows :
“SEC. 303 (a) The right to become a naturalized citizen under the provisions of this Act shall extend only to-
“(1) white persons, persons of African nativity or descent, and persons who are descendants of races indigenous to the continents of North or South America or adjacent islands and Filipino persons or persons of Filipino descent ;
“(2) persons who possess, either singly or in combination, a preponderance of blood of one or more of the classes specified in clause (1) ;
“(3) Chinese persons and persons of Chinese descent, and persons of races indigenous to India ; and
“(4) persons who possess, either singly or in combination, a preponderance of blood of one or more of the classes specified in clause (3) or, either singly or in combination, as much as one-half blood of those classes and some additional blood of one of the classes specified in clause (1) .
“(b) Nothing in the preceding subsection shall prevent the naturalization of former citizens of the United States who are otherwise eligible to naturalization under the provisions of section 317.”
SEC. 2 . The Nationality Act of 1940 (54 Stat . 1137 ; 8 U . S . C . 907) is hereby amended by adding a new section, to be known as
“SEC. 321A”, and to read as follows “SEC. 321A. Certificates of arrival or declarations of intention shall not be required of Filipino persons or persons of Filipino descent who are citizens of the Commonwealth of the Philippines on the date of the enactment of this section, and who entered the United States prior to May 1, 1934, and have since continuously resided in the United States . The term `Filipino persons or person of Filipino descent’ as used in this Act shall mean persons of a race indigenous to the Philippine Islands and shall not include persons who are of as much as one-half of a race ineligible to citizenship.
” SEC. 3 . Section 324 (a) (54 Stat. 1149 ; 8 U. S . C . 724) of such Act, as amended is amended by striking out after the word “person” the words “including a native-born Filipino” .
SEC. 4. With the exception of those covered by subsections (b), (d), (e), and (f) of section 4, Immigration Act of 1924 (43 Stat . 155 ; 44 Stat . 812 ; 45 Stat. 1009 ; 46 Stat. 854 ; 47 Stat . 656 ; 8 U. S . C. 204), all persons of races indigenous to India entering the United States annually as immigrants shall be allocated to the quota for India computed under the provisions of section 11 of the said Act. A preference up to 75 per centum of the quota shall be given to Indians and other aliens racially eligible to naturalization, born and resident in India or its dependencies .
SEC. 5 . (a) For the purposes of section 2 of this Act, the term “persons of races indigenous to India” shall mean any person who is as much as one-half of the blood of a race indigenous to India and who is eligible to naturalization under section 303 of the Nationality Act of 1940, as amended by section 1 of this Act .
(b) For the purposes of section 2 of the Act of December 17, 1943 (57 Stat . 601 ; 8 U . S . C ., Supp . 703), the term “Chinese person” shall mean any person who is as much as one-half Chinese blood and who is eligible to naturalization under section 303 of the Nationality Act of 1940, as amended by section 1 of this Act .
(c) Notwithstanding the two preceding subsections, any quota immigrant who is of one-half Chinese blood and one-half the blood of a race indigenous to India shall, if born in India, be chargeable to the quota for India ; if born in China, to the quota for the Chinese, or if born in neither of those countries, to whichever of the said quotas has the least applications for visas against it at the time the application for visa is made .
Approved July 2, 1946