Does federal law prohibit Islamists and other totalitarians from immigrating to the United States?

Joe NewbyDecember 9, 2015

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trump-muslims2 There’s been a lot of chatter in the conservative blogosphere lately about a law that would appear to prevent Islamists and others advocating totalitarianism from immigrating into the United States.

The law in question is known as the Immigration and Nationality Act, and was passed on June 27, 1952. That law revised U.S. laws regarding immigration, naturalization and nationality.

Section 313 of that law states:

(a) Notwithstanding the provisions of section 405(b) , no person shall hereafter be naturalized as a citizen of the United States-

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(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 organizations 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).

(b) The provisions of this section or of any other section of this Act shall not be construed as declaring that any of the organizations referred to in this section or in any other section of this Act 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.

The law prohibits entry to the US if the person belongs to an organization seeking to overthrow the US government by “force, violence, or other unconstitutional means.”

Writing at the Sons of Liberty, Tim Brown said, “The Koran and the Hadiths present Sharia and demand submission to Islam, which is antithetical to Biblical law and the US Constitution, as well as to our Republic.”

He added:

Whether one pushes Islam as a religion is irrelevant. It’s ideology is opposed to America and her laws, including her Constitution.

First, consider that Hussein Obama has ignored immigration law, both with regards to those coming across our southern border and those from the Middle East.

Now, consider that this is about immigration and naturalization and its aim was primarily at Communism. However, it also mentions totalitarianism being promoted. That is all that Islam does. They are no different than Communism in their ideology. They just claim to do it in the name of Allah rather than advance the idea of a Creator.

And it’s interesting to note that Communists, Islamists and many radical leftists are quite united in their calls for violence, revolution and “change.”

It would seem, therefore, that Donald Trump’s call for a moratorium on immigration of Muslims may have some basis in the law. It’s now time to demand that our lawmakers actually enforce the law in the name of national security rather than threaten to prosecute Americans for speech they don’t like.

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