I get suspicious when source URL’s are missing. So I went in search of Chapter 2, Section 212 of Immigration and Nationality Act of 1952 (INA), noted above. That act, in total, can be found here - http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html . This is the official US Government website on immigration and citizenship.
First, after clicking on Section 212, do a search for “unconstitutional”; you will find what I did; the word does not exist in the section; the first clue that something might be amiss. Next, do a word search for “violence”. You will find one instance of the word; that instance is quoted, verbatim, below. As section 212 is quite lengthy, I’ve only quoted the relevant part here. I invite you to go look at the whole section, at the URL above.
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
Sec. 212. [8 U.S.C. 1182] ….
(3) Security and related grounds.-
(A) In general.-Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in-
(i) any activity (I) to violate any law of the United States relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii) any other unlawful activity, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is inadmissible.
Please note, this does not say “force, violence, or other unconstitutional means”; it says “force, violence, or other unlawful means”. Big difference. One refers to the U.S. Constitution; the other refers to law – which can be changed on the whim of Congress. It can also be ignored by any who are authorized to enforce the law. We have seen that in the illegal alien invasion of the United States since before the turn of the century.
Next, I went to http://uscode.house.gov/ which is the US Code website. Once there, I input 8 under “Title” and 1182 under “Section”. 8 USC §1182 came up; I verified the language above as correct.
On the above webpage - http://uscode.house.gov/ - you can also search for words – “Search the United States Code”. I did so, and found one section, in 8 USC, that uses the words “force, violence, or other unconstitutional means”. That is found in 8 USC §1424. I have bolded each instance of the use of the words or phrase. If I am reading this correctly – I don’t pretend to be an attorney – this section could not be used to stop Muslims from coming to the U.S. or being given U.S. citizenship.
What people need to remember is that it is not what the law states, but how that law is interpreted by the court, that matters. What you think that law says, and what the court interprets the law as saying, can be miles apart.
§1424. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government
(a) Notwithstanding the provisions of section 405(b) of this Act, no person shall hereafter be naturalized as a citizen of the United States-
(1) who advocates or teaches, or who is a member of or affiliated with any organization that advocates or teaches, opposition to all organized government; or
(2) who is a member of or affiliated with (A) the Communist Party of the United States; (B) any other totalitarian party of the United States; (C) the Communist Political Association; (D) the Communist or other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state; (E) any section, subsidiary, branch, affiliate, or subdivision of any such association or party; or (F) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt, unless such alien establishes that he did not have knowledge or reason to believe at the time he became a member of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organization was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist-front organization; or
(3) who, although not within any of the other provisions of this section, advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, or who is a member of or affiliated with any organization that advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterances or through any written or printed publications issued or published by or with the permission or consent of or under authority of such organization or paid for by the funds of such organization; or
(4) who advocates or teaches or who is a member of or affiliated with any organization that advocates or teaches (A) the overthrow by force or violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or
(5) who writes or publishes or causes to be written or published, or who knowingly circulates, distributes, prints, or displays, or knowingly causes to be circulated, distributed, printed, published, or displayed, or who knowingly has in his possession for the purpose of circulation, publication, distribution, or display, any written or printed matter, advocating or teaching opposition to all organized government, or advocating (A) the overthrow by force, violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or (E) the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship; or
(6) who is a member of or affiliated with any organization that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subparagraph (5) of this subsection.
(b) The provisions of this section or of any other section of this chapter shall not be construed as declaring that any of the organizations referred to in this section or in any other section of this chapter do not advocate the overthrow of the Government of the United States by force, violence, or other unconstitutional means.
(c ) The provisions of this section shall be applicable to any applicant for naturalization who at any time within a period of ten years immediately preceding the filing of the application for naturalization or after such filing and before taking the final oath of citizenship is, or has been found to be within any of the classes enumerated within this section, notwithstanding that at the time the application is filed he may not be included within such classes.
(d) Any person who is within any of the classes described in subsection (a) solely because of past membership in, or past affiliation with, a party or organization may be naturalized without regard to the provisions of subsection (c) if such person establishes that such membership or affiliation is or was involuntary, or occurred and terminated prior to the attainment by such alien of the age of sixteen years, or that such membership or affiliation is or was by operation of law, or was for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes.
(e) A person may be naturalized under this subchapter without regard to the prohibitions in subsections (a)(2) and (c) of this section if the person-
(1) is otherwise eligible for naturalization;
(2) is within the class described in subsection (a)(2) solely because of past membership in, or past affiliation with, a party or organization described in that subsection;
(3) does not fall within any other of the classes described in that subsection; and
(4) is determined by the Director of Central Intelligence, in consultation with the Secretary of Defense when Department of Defense activities are relevant to the determination, and with the concurrence of the Attorney General and the Secretary of Homeland Security, to have made a contribution to the national security or to the national intelligence mission of the United States.
( June 27, 1952, ch. 477, title III, ch. 2, §313, 66 Stat. 240 ; Pub. L. 100–525, §9(u), Oct. 24, 1988, 102 Stat. 2621 ; Pub. L. 101–649, title IV, §407(c)(1), Nov. 29, 1990, 104 Stat. 5041 ; Pub. L. 102–232, title III, §309(b)(13), Dec. 12, 1991, 105 Stat. 1759 ; Pub. L. 103–416, title II, §219(v), Oct. 25, 1994, 108 Stat. 4318 ; Pub. L. 106–120, title III, §306, Dec. 3, 1999, 113 Stat. 1612 ; Pub. L. 108–177, title III, §373, Dec. 13, 2003, 117 Stat. 2628 .)
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