Ronald R. Cherry
Who's in charge of immigration?
By Ronald R. Cherry
Who's in charge of immigration in the United States of America? The question really boils down to who's in charge of law in the United States of America. Our highest secular law is the US Constitution, so that is where we will start. What does the US Constitution say about immigration? It says nothing about immigration specifically, but our Constitution grants Congress the power to "provide for the common defense and general welfare of the United States" and to "repel invasions" and to "establish a uniform rule of naturalization" through the power of Federal Law. This is what Congress did in 1952 with the Immigration and Naturalization Act (INA), later amended in 1965. The Constitution grants the President powers related to foreign relations, such as the making of treaties with consent of the Senate, and for our common defense as Commander in Chief of the American armed forces during war and other foreign dangers to our general welfare. The Constitution gives the Supreme Court power to resolve disputes arising under the Constitution and Federal Law, but it does not give the Supreme Court, or the lesser Federal Courts, power thereby to override or veto Federal Law which is in pursuance of the Constitution, or power to override or veto Presidential execution thereof.
Here is the law:
"Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate." Immigration and Nationality Act, 1952.
President Trump, by proclamation, suspended entry of certain classes of aliens in order to provide for the common defense and general welfare of the United States and to repel an invasion of aliens hostile to the life, liberty and pursuit of happiness of American citizens. President Trump's executive order on immigration carries the force of the United States Constitution and Federal Law in pursuance thereof. Judicial obstruction of President Trump's executive order is therefore, in an Orwellian twist, a judicial obstruction of justice. Federal or Supreme Court decisions which nullify Constitution-pursuant Federal Law and Constitution-pursuant Presidential execution thereof represent judicial nullification of the US Constitution, i.e.: judicial treason. The 9th Federal Circuit Court committed judicial treason on February 5, 2017 by its decision to block President Trump's execution of INA Federal Law.
The INA was amended in 1965.
"No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence..." Immigration and Nationality Act, 1965
Notice that President Trump's executive order on immigration did not block the issuance of immigrant visas, rather, the order suspends entry, so the President's executive order does not violate the 1965 INA amendment. One could make a rational case that the 1965 INA amendment does not apply to Presidential executive orders which suspend alien immigrant visas when providing for the common defense and general welfare of the United States, to repel alien invasions, or if the President determines that the entry of certain aliens or classes of aliens is detrimental to the interests of the United States. President Carter suspended the issuance of immigrant visas to a certain class of aliens (Iranian citizens) during the Iranian hostage crisis in 1979 and 1980, later deporting 15,000 of them, so a precedent is made for President Trump to do the same if he sees fit under our Constitution and Federal Law.
"The Secretary of State and the Attorney General are hereby designated and empowered to exercise in respect of Iranians holding nonimmigrant visas, the authority conferred upon the President by section 215(a) (1) of the Act of June 27, 1952 (8 USC 1185), to prescribe limitations and exceptions on the rules and regulations governing the entry of aliens into the United States... The Secretary of Treasury [State] and the Attorney General will invalidate all visas issued to Iranian citizens for future entry into the United States, effective today. We will not reissue visas, nor will we issue new visas, except for compelling and proven humanitarian reasons or where the national interest of our own country requires. This directive will be interpreted very strictly." President Carter
Considering all of these facts it is reasonable for ordinary Americans to conclude that our Constitution and INA Federal Law mean that:
No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, or whenever the President finds that entry of any aliens or any class of aliens into the United States represents an invasion or a threat to the common defense and general welfare of the United States.
The time has come for We the People to clip the wings of this treasonous judicial priesthood, the branch which is grasping at the brass ring of tyranny via court decisions which nullify our Constitution, Federal Law in pursuance thereof, and Presidential execution thereof. The time has come for We the People to overthrow the men (and women) who are perverting our Constitutional Law. We the People, through our Constitution, Federal Law, and its Presidential execution, are in charge of immigration.
"The people – the people – are the rightful masters of both congresses, and courts – not to overthrow the Constitution, but to overthrow the men who pervert it." Abraham Lincoln
Constitutional Amendment XXVIII is how We the People will take back rightful control of all three branches of the Federal Government, and thereby become masters of our own destiny. Here are some of the needed sections:
Section 1. Term limits for Congress (shorter) and the Supreme Court (longer)
Section 2. Federal and Supreme Court decisions shall be revoked by Congress with 2/3 or greater vote in both houses
Section 3. The State legislatures in 3/4 majority or greater, the authority which in fact made the Constitution, shall have the power to revoke Federal and Supreme Court decisions, Federal Law, and Presidential executive orders outside the scope of military Commander-in-Chief
In the meantime President Trump should simply ignore any Federal or Supreme Court ruling which obstructs his immigration authority under the United States Constitution and Federal Law, and explain this to the American people.
© Ronald R. Cherry
May 31, 2017
Who's in charge of immigration in the United States of America? The question really boils down to who's in charge of law in the United States of America. Our highest secular law is the US Constitution, so that is where we will start. What does the US Constitution say about immigration? It says nothing about immigration specifically, but our Constitution grants Congress the power to "provide for the common defense and general welfare of the United States" and to "repel invasions" and to "establish a uniform rule of naturalization" through the power of Federal Law. This is what Congress did in 1952 with the Immigration and Naturalization Act (INA), later amended in 1965. The Constitution grants the President powers related to foreign relations, such as the making of treaties with consent of the Senate, and for our common defense as Commander in Chief of the American armed forces during war and other foreign dangers to our general welfare. The Constitution gives the Supreme Court power to resolve disputes arising under the Constitution and Federal Law, but it does not give the Supreme Court, or the lesser Federal Courts, power thereby to override or veto Federal Law which is in pursuance of the Constitution, or power to override or veto Presidential execution thereof.
Here is the law:
"Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate." Immigration and Nationality Act, 1952.
President Trump, by proclamation, suspended entry of certain classes of aliens in order to provide for the common defense and general welfare of the United States and to repel an invasion of aliens hostile to the life, liberty and pursuit of happiness of American citizens. President Trump's executive order on immigration carries the force of the United States Constitution and Federal Law in pursuance thereof. Judicial obstruction of President Trump's executive order is therefore, in an Orwellian twist, a judicial obstruction of justice. Federal or Supreme Court decisions which nullify Constitution-pursuant Federal Law and Constitution-pursuant Presidential execution thereof represent judicial nullification of the US Constitution, i.e.: judicial treason. The 9th Federal Circuit Court committed judicial treason on February 5, 2017 by its decision to block President Trump's execution of INA Federal Law.
The INA was amended in 1965.
"No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence..." Immigration and Nationality Act, 1965
Notice that President Trump's executive order on immigration did not block the issuance of immigrant visas, rather, the order suspends entry, so the President's executive order does not violate the 1965 INA amendment. One could make a rational case that the 1965 INA amendment does not apply to Presidential executive orders which suspend alien immigrant visas when providing for the common defense and general welfare of the United States, to repel alien invasions, or if the President determines that the entry of certain aliens or classes of aliens is detrimental to the interests of the United States. President Carter suspended the issuance of immigrant visas to a certain class of aliens (Iranian citizens) during the Iranian hostage crisis in 1979 and 1980, later deporting 15,000 of them, so a precedent is made for President Trump to do the same if he sees fit under our Constitution and Federal Law.
"The Secretary of State and the Attorney General are hereby designated and empowered to exercise in respect of Iranians holding nonimmigrant visas, the authority conferred upon the President by section 215(a) (1) of the Act of June 27, 1952 (8 USC 1185), to prescribe limitations and exceptions on the rules and regulations governing the entry of aliens into the United States... The Secretary of Treasury [State] and the Attorney General will invalidate all visas issued to Iranian citizens for future entry into the United States, effective today. We will not reissue visas, nor will we issue new visas, except for compelling and proven humanitarian reasons or where the national interest of our own country requires. This directive will be interpreted very strictly." President Carter
Considering all of these facts it is reasonable for ordinary Americans to conclude that our Constitution and INA Federal Law mean that:
No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, or whenever the President finds that entry of any aliens or any class of aliens into the United States represents an invasion or a threat to the common defense and general welfare of the United States.
The time has come for We the People to clip the wings of this treasonous judicial priesthood, the branch which is grasping at the brass ring of tyranny via court decisions which nullify our Constitution, Federal Law in pursuance thereof, and Presidential execution thereof. The time has come for We the People to overthrow the men (and women) who are perverting our Constitutional Law. We the People, through our Constitution, Federal Law, and its Presidential execution, are in charge of immigration.
"The people – the people – are the rightful masters of both congresses, and courts – not to overthrow the Constitution, but to overthrow the men who pervert it." Abraham Lincoln
Constitutional Amendment XXVIII is how We the People will take back rightful control of all three branches of the Federal Government, and thereby become masters of our own destiny. Here are some of the needed sections:
Section 1. Term limits for Congress (shorter) and the Supreme Court (longer)
Section 2. Federal and Supreme Court decisions shall be revoked by Congress with 2/3 or greater vote in both houses
Section 3. The State legislatures in 3/4 majority or greater, the authority which in fact made the Constitution, shall have the power to revoke Federal and Supreme Court decisions, Federal Law, and Presidential executive orders outside the scope of military Commander-in-Chief
In the meantime President Trump should simply ignore any Federal or Supreme Court ruling which obstructs his immigration authority under the United States Constitution and Federal Law, and explain this to the American people.
© Ronald R. Cherry
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