IMMIGRATION, THE LAW, AND STATE NULLIFICATION: There has been much said and written on the subjects of immigration and illegal aliens. What is not usually mentioned is just what the terms “legal immigration” and “illegal alien” mean. When a citizen of the United States wishes to travel from the United States and enter another country, for whatever reason, that citizen must obtain a Passport from the United States Government. The Passport notes the legal citizenship of the holder of that Passport. When that person enters or leaves another country of which he/she has obtained a visa (permission to enter), the Passport is so noted; usually with a stamp applied to the Passport at the port of entry or debarkation of the country visited. If someone does not have a Passport issued from his/her country of citizenship, and enters another country, that person is properly and legally defined as an “illegal alien”. Although immigration laws are not the same in all countries, most nations have accepted the position of the United Nations International Covenant on Civil and Political Rights that says all countries must permit their own citizens permission to re-enter their country of citizenship. In other words, if Congress orders all illegal aliens from Mexico, or any other country, to be returned to their country of origin, that country must accept them. The enforcement of Immigration laws of the United States is the total responsibility of the United States Federal Government. It is Congress, not the President, who makes all rules and regulations as to whether or not a person is an alien, what their legal rights and responsibilities are while visiting the United States, or for whatever reason. There is a difference between an alien and an illegal alien. The Immigration and Nationality Act of 1952 (INA) defines alien as “any person who is not a citizen or a national of the United States.” The immigration laws of the United States, as promulgated by Congress and enforced by the Immigration and Naturalization Service (now the Department of Homeland Security) has authority over all processes under which foreign aliens can enter the United States, obtain residence, and then perhaps become nationalized citizens. Once they have properly become a nationalized citizen, they gain the right to apply for full citizenship. The INA has a regulatory body that supervises who can enter the United States, how long they can stay, and how and when they can be deported. Any alien that avoids that process is an “illegal alien”. Title 8 of the United States Code of Laws contains the United States federal Immigration Laws. Chapter 28, section 1251 of that code of laws describes the jurisdiction the individual and sovereign States have over immigration. Congress, therefore, has total authority over U.S. Immigration. The authority of the President is restricted to policies regarding refugees. Under exigent and/or emergency circumstances, whereas the safety and lives of non-citizens are in jeopardy, the President may permit, by Executive Order, TEMPORARY residency of citizens of another country. The local, state, and federal courts have no judicial authority over immigration matters, except that a Federal Court may intervene when a Constitutional matter that affects a citizen or naturalized citizen of the United States is at issue. In other words, the judicial systems of the individual States and the Federal Government have no authority in cases involving illegal aliens. However, the Constitution provides and exception for individual States. Article I, Section 10, paragraph (3) of the Constitution of these United States of America gives the individual States authority to act in the absence of action by the Federal Government. “No State shall, without the consent of the Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, UNLESS ACTUALLY INVADED, OR IN SUCH IMMIMENT DANGER AS WILL NOT ADMIT OF DELAY (Emphasis added). That is the Constitutional authorization for the States to act on their own to defend their states from invasion when the federal government fails to do their Constitutional duty. The responsibilities for enforcing the immigration laws of the United States are shared by different agencies. While many people are familiar with the INS (Immigration and Naturalization Service), it actually no longer exists. The INS was replaced by the Department of Homeland Security (DHS) in 2003. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and the United States Customs and Border Enforcement (CBE) are the agencies within DHS that now handle the former duties of the INS. These duties include investigative responsibilities, naturalization, asylum, permanent residence requests from legal alien residents, and border patrol. The United States has consulates and embassies around the world that are managed by the U.S. Department of State. If a citizen of a foreign country wishes to enter the United States or apply for citizenship in the United States, they are required to apply to one of those consulates or embassies for such action. Entering the borders of the United States without such permission and proper documentation is a punishable crime under Federal law. When there is mass entry of illegal aliens into this country that is an invasion. The individual States, therefore, may act in self defense, and without permission from the Federal government. At present, the President, members of Congress, the Attorney General, and Director of the Department of Homeland Security are not following the law. In fact, they are purposely evading their responsibilities under the law for political purposes and, apparently, their insatiable greed for votes from illegal aliens who have no legal right to vote, much less be in this country. The President is in direct and intentional violation of the laws of our land. That is an impeachable offense. The non-citizens who are illegally crossing the borders of the United States are not “Undocumented workers” or “refugees”; they are ILLEGAL ALIENS as defined in the laws of the United States. If the President, acting through Executive Order, provides amnesty for or declares any illegal alien a citizen of the United States, he is in direct and criminal violation of the laws of these United States. Each sovereign state is, therefore, fully justified in nullifying such order in accordance with the 10th and 11th Amendments to the Constitution.
Posted on: Sat, 08 Nov 2014 12:03:11 +0000
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