“any person who advocates or teaches, or is a member of or affiliated with Communist Party, other communist organizations, or other totalitarian organizations is ineligible to become a naturalized citizen of United States”
The Naturalization of Aliens
Although, as has been noted, throughout most of our history there were significant racial and ethnic limitations upon eligibility for naturalization, the present law prohibits any such discrimination.
“The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of race or sex or because such person is married.”1332 However, any person “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 “who advocates or teaches or who is a member of or affiliated with any organization that advocates or teaches the overthrow by force or violence or other unconstitutional means of the Government of the United States” or who is a member of or affiliated with the Communist Party, or other communist organizations, or other totalitarian organizations is ineligible.1333 These provisions moreover are “applicable to any applicant for naturalization who at any time within a period of ten years immediately preceding the filing of the petition 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 petition is filed he may not be included within such classes.”1334
Other limitations on eligibility are also imposed. Eligibility may turn upon the decision of the responsible officials whether the petitioner is of “good moral character.”
The Constitution Is The Rule Of Law On Illegal Immigration
Amendment 14, Section 1 – “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
While Congress has the Constitutional authority to establish laws of naturalization or immigration they do not have a true Constitutional authority to create blanket legislation that allows non – citizens the rights of born or naturalized Americans. In other words amnesty is technically unconstitutional because it bypasses the laws which are established for immigrants to become American citizens.