McCarran-Walter Act Update Drops Outdated 'Blood Quantum' Rule for Tribal Members Seeking Permanent U.S. Residency

This legislation, the McCarran-Walter Technical Corrections Act, is a short but significant update to immigration law that specifically targets how members of Native American and First Nations communities qualify for special immigration status. Essentially, it modernizes a decades-old policy, removing a controversial requirement and streamlining the path to permanent residency for these cross-border populations. The key takeaway is that if you qualify under the new rules, you are immediately granted the status of a lawfully admitted permanent resident (LPR).

The End of the 50% Rule

The biggest change concerns members of federally recognized Indian Tribes in the United States. Previously, to qualify under Section 289 of the Immigration and Nationality Act, a person had to prove they possessed at least 50% 'blood of the American Indian race'—a requirement that many viewed as outdated and discriminatory. This bill scraps that requirement entirely. Now, to qualify, you only need to be a member, or eligible to become a member, of a federally recognized Indian Tribe in the U.S. This is a massive shift, replacing an ancestry-based rule with one based on tribal recognition, aligning the immigration policy with modern tribal sovereignty standards.

Modernizing Status for First Nations in Canada

The bill also cleans up the eligibility rules for individuals from Canada. Instead of vague standards, the new criteria are clear: a person qualifies if they have 'Indian status' in Canada, meaning they are registered under Canada's Indian Act, or if they hold membership in a self-governing First Nation. This change acknowledges the formal ways First Nations membership and status are recognized in Canada, making the application process much more straightforward for those living along the border.

Immediate Permanent Residency Status

For those who qualify under these updated provisions, the benefit is immediate and substantial. The bill states that anyone allowed into the U.S. under this revised rule will be immediately granted the status of a person lawfully admitted for permanent residence. Think of the real-world impact: Instead of navigating complex, multi-year processes to secure a green card, eligible individuals—many of whom have deep, historic ties to lands spanning the U.S.-Canada border—receive immediate stability. This means they can quickly secure jobs, pursue higher education, and access essential services without the constant worry of temporary status renewals, bringing much-needed security to families connected across the border.