Trump’s Muslim Ban Not Only
Constitutional But The Immigration and Nationality Act of 1952 Has Been the Law
Since June of 1952
In the USCIS handbook, it describes reasons for
keeping out unwanted immigrants. The full text is long. These
excerpts come from Section 212, Chapter 2 of
the USCIS handbook:
(G) 2b 2c FOREIGN
GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF
RELIGIOUS FREEDOM- Any alien who, while serving as a foreign government
official, was responsible for or directly carried out, at any time,
particularly severe violations of religious freedom, as defined in section 3 of
the International Religious Freedom Act of 1998 (22 U.S.C. 6402), is inadmissible.
(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,
(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.
(II) a
consular officer, the Attorney General, or the Secretary of Homeland Security
knows, or has reasonable ground to believe, is engaged in or is likely to
engage after entry in any terrorist activity (as defined in clause (iv));
(III) has,
under circumstances indicating an intention to cause death or serious bodily
harm, incited terrorist activity;
(aa) a terrorist organization
(as defined in clause (vi)); or
(bb)
a political, social, or other group that endorses or espouses terrorist
activity;
(VI) is
a member of a terrorist organization described in clause (vi)(III), unless the
alien can demonstrate by clear and convincing evidence that the alien did not
know, and should not reasonably have known, that the organization was a
terrorist organization;
(VII) endorses
or espouses terrorist activity or persuades others to endorse or espouse
terrorist activity or support a terrorist organization;
(VIII) has
received military-type training (as defined in section 2339D(c)(1) of title 18,
United States Code) from or on behalf of any organization that, at the time the
training was received, was a terrorist organization (as defined in clause
(vi)); or
(IX) is
the spouse or child of an alien who is inadmissible under this subparagraph, if
the activity causing the alien to be found inadmissible occurred within the
last 5 years, is inadmissible.
An alien who is an officer,
official, representative, or spokesman of the Palestine Liberation Organization
is considered, for purposes of this chapter, to be engaged in a terrorist
activity.
(I) who did not know or should
not reasonably have known of the activity causing the alien to be found
inadmissible under this section; or
(II) whom the consular officer
or Attorney General has reasonable grounds to believe has renounced the
activity causing the alien to be found inadmissible under this section.
4 (iii) TERRORIST
ACTIVITY DEFINED.-As used in this Act, the term “terrorist activity” means any
activity which is unlawful under the laws of the place where it is committed
(or which, if 4 it
had been committed in the United States, would be unlawful under the laws of
the United States or any State) and which involves any of the following:
(I) The highjacking or sabotage
of any conveyance (including an aircraft, vessel, or vehicle).
(II) The seizing or detaining,
and threatening to kill, injure, or continue to detain, another individual in
order to compel a third person (including a governmental organization) to do or
abstain from doing any act as an explicit or implicit condition for the release
of the individual seized or detained.
(III) A violent attack upon an
internationally protected person (as defined in section 1116(b)(4) of title 18,
United States Code) or upon the liberty of such a person.
(IV) An assassination.
(V) The use of any-
(aa) biological agent, chemical
agent, or nuclear weapon or device, or
(bb) explosive, 4 firearm,
or other weapon or dangerous device (other than for mere personal monetary
gain), with intent to endanger, directly or indirectly, the safety of one or
more individuals or to cause substantial damage to property.
(VI) A threat, attempt, or
conspiracy to do any of the foregoing.
(iv) 4 4b ENGAGE
IN TERRORIST ACTIVITY DEFINED- As used in this chapter, the term “engage in
terrorist activity” means, in an individual capacity or as a member of an
organization-
(I) to commit or to incite to
commit, under circumstances indicating an intention to cause death or serious
bodily injury, a terrorist activity;
(II) to prepare or plan a
terrorist activity;
(III) to gather information on
potential targets for terrorist activity;
(IV) to solicit funds or other
things of value for–
(aa) a terrorist activity;
(bb) a terrorist organization
described in clause (vi)(I) or (vi)(II); or
(cc) a terrorist organization described
in clause (vi)(III), unless the solicitor can demonstrate by clear and
convincing evidence that he did not know, and should not reasonably have known,
that the organization was a terrorist organization;
(V) to solicit any individual–
(aa) to engage in conduct
otherwise described in this subsection;
(bb) for membership in a
terrorist organization described in clause (vi)(I) or (vi)(II); or
(cc) for membership in a
terrorist organization described in clause (vi)(III) unless the solicitor can
demonstrate by clear and convincing evidence that he did not know, and should
not reasonably have known, that the organization was a terrorist organization;
or
(VI) to
commit an act that the actor knows, or reasonably should know, affords material
support, including a safe house, transportation, communications, funds,
transfer of funds or other material financial benefit, false documentation or
identification, weapons (including chemical, biological, or radiological
weapons), explosives, or training–
(aa) for the commission of a
terrorist activity;
(bb) to any individual who the
actor knows, or reasonably should know, has committed or plans to commit a
terrorist activity;
(cc) to a terrorist
organization described in subclause (I) or (II) of clause (vi) or to any member
of such an organization; or
(dd) to a terrorist
organization described in clause (vi)(III), or to any member of such an
organization, unless the actor can demonstrate by clear and convincing evidence
that the actor did not know, and should not reasonably have known, that the
organization was a terrorist organization.
5 (v)
REPRESENTATIVE DEFINED.-As used in this paragraph, the term “representative”
includes an officer, official, or spokesman of an organization, and any person
who directs, counsels, commands, or induces an organization or its members to
engage in terrorist activity.
(vi) 5a 4c TERRORIST
ORGANIZATION DEFINED- As used in this section, the term ‘terrorist
organization’ means an organization?
(II) otherwise designated, upon
publication in the Federal Register, by the Secretary of State in consultation
with or upon the request of the Attorney General or the Secretary of Homeland
Security, as a terrorist organization, after finding that the organization
engages in the activities described in subclauses (I) through (VI) of clause
(iv); or
(III) that is a group of two
or more individuals, whether organized or not, which engages in, or has a
subgroup which engages in, the activities described in subclauses (I) through
(VI) of clause (iv).
(i) In
general.-Any immigrant who is or has been a member of or affiliated with the
Communist or any other totalitarian party (or subdivision or affiliate
thereof), domestic or foreign, is inadmissible.(Anyone who is a Muslim are
associated with a religion that denies religious freedom, subjugates women and
forces all resident to worship and accept Sharia Law. That is a
totalitarian)
(ii) Exception
for involuntary membership.-Clause (i) shall not apply to an alien because of
membership or affiliation if the alien establishes to the satisfaction of the
consular officer when applying for a visa (or to the satisfaction of the
Attorney General when applying for admission) that the membership or
affiliation is or was involuntary, or is or was solely when under 16 years of
age, by operation of law, or for purposes of obtaining employment, food
rations, or other essentials of living and whether necessary for such purposes.
(G) 41 RECRUITMENT
OR USE OF CHILD SOLDIERS- Any alien who has engaged in the recruitment or use
of child soldiers in violation of section 2442 of title 18, United States Code,
is inadmissible.
