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Sunday, November 15, 2015

DOES U.S. LAW OR THE CONSTITUTION AUTHORIZE OBAMA TO UNILATERALLY SUSPEND IMMIGRATION LAW? HAS OBAMA GIVEN CAUSE FOR HIS IMPEACHMENT?

One of the gripes of Colonial Americans against King George (3), which led to the American War for Independence from the Kingdom of Great Britain was imposition of foreigners upon the colonials. So insenced by his acts they made their grievance known in the Declaration of Independence — "obstructing the Laws for the Naturalization of Foreigners"



The U.S. Constitution fails to enumerate specific powers over immigration to either the President or the Congress. What the designers of the Constitution did was explicitly authorize the Congress the power grant citizenship only to "establish an uniform Rule of Naturalization..." (Article I, Section 8, Clause 4).

That said, Article I, Section 8, Clause 10 of the Constitution granted power to Congress to “define and punish . . . Offences against the Law of Nations.”  It is under this clause that likely Congress can define immigration law granting the rights of immigration and the liability against those who violate the rights Congress gives itself in any immigration law.

Recently, America's supposed constitutional scholar president and quite likely ex-EOP student Barry Obama unilaterally decided to import no less than 10,000 Syrians claiming that such Syrians are refugees. Yet, no where does the U.S. Constitution or public law created by Congress authorize any president of the U.S. to unilaterally suspend immigration laws, go fetch foreigners living in other lands, turn them into immigrants whom he favors, let them cut the line and gain legal residency status in the USA.

The section of U.S. Law that governs immigration is U.S. Code: Title 8 - ALIENS AND NATIONALITY. The section of U.S. Law that governs asylum is 8 U.S. Code § 1158 - Asylum. The section of U.S. Law that governs refugees is 8 U.S. Code Chapter 12 - IMMIGRATION AND NATIONALITY SUBCHAPTER IV - REFUGEE ASSISTANCE (§§ 1521 to 1525).

Under 8 U.S. Code § 1157 - Annual admission of refugees and admission of emergency situation refugees, law required Obama to announce before the start Congress' fiscal year the exact count of refugees he would process in the United States once they arrived here by their own means. Obama simply cannot decree any number of refugees he desires based on his politics. 

(2) Except as provided in subsection (b) of this section, the number of refugees who may be admitted under this section in any fiscal year after fiscal year 1982 shall be such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest.

It is also quite likely that Obama has violated 8 U.S. Code § 1182 - Inadmissible aliens. Aliens are inadmissible if have failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices.

Also under 8 U.S. Code § 1182 - Inadmissible aliens, no one can be admitted who has engaged in terrorist activities. Anyone who has fought against the Assad government, the legal, sovereign government of Syria, no matter how bad that government is, is a terrorist. 

(B) Terrorist activities(i) In generalAny alien who—(I) has engaged in a terrorist activity;(IV) is a representative (as defined in clause (v)) of—(aa) a terrorist organization (as defined in clause (vi)); or(bb) a political, social, or other group that endorses or espouses terrorist activity;(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) 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,

There is law that authorizes specific paid for acts once refugee aliens have entered the USA. That law is 8 U.S. Code § 1522 - Authorization for programs for domestic resettlement of and assistance to refugees. Yet, there is nothing is this section law that authorizes Obama or any president to fund the transportation of refugees from their own countries.

No where in U.S. Law is Obama authorized to import anyone and then subsequently grant them refugee status. Obama simply lacks the authority to do so. In doing so, the ex-community activist agitator and higher education constitutional hack has violated both his constitutional oath and well as U.S. Public law.

If any president could transport refugees and transport any number of refugees as Obama intends to do, any president might transport a foreign-trained subversive force who could then lead an insurrection in effort to overthrow the Congress and the United States of America in a military coup d'etat.

Obama seems to be little more than a lame King George the Third.