DIGESTING IMMIGRATION

BY

WAYNE RICKY ELSON RUDDER*

Note: The historical facts regarding the various immigration laws aretaken, almost wholecloth, after verification with the history lessons I learned, from the Internet.

The thing about immigration is that it touches every singleperson in the United States and the world when it comes to theimmigration situation in the United States. If one cannot see this,they cannot see the big picture.

The big picture is dominated by the fact that the United States’economy drives the world’s economy. Which really means, in fact, thatwhen the United States sneezes, as they say, the world catches a cold.It has been that way since the beginning of the United States back inthe 1600’s. Remember, America had to fight the British in order toproclaim the United States as a separate country. The peace did notlast long after that because the United States then had to fight theIndians who had welcomed them so they could control the destiny of theUnited States and make it what it has become. Many times I have sataround and wondered what the world would be like if the Indians hadwon the war against the colonists. This is the same question one mayask of what the world would be like had not Christopher Columbuspersuaded Queen Isabella that the earth was round and not flat andthat her money as well as her ships would not just fall off the sideof the earth. A very different place, I imagine.

Having been at the forefront of the immigration fights in theUnited States, I have also been a victim of the immigration just aswell as everyone else in the United States. When I meet people whoclaim to understand the immigration problem, I look at them withdisdain because they have not a clue about what they are talkingabout. We have lawyers who got to law school for four years and thentake a bar exam to become a lawyer yet they don’t know the first thingabout immigration. They may know some of the rules, but none of themknow all the rules, and that is where I have an advantage. If you

know the rules then you can manipulate those rules, force the makersto stand with the rules and punish them with the rules when theydon’t. This is why I was so very successful in the things that I havedone to forward the cause of immigration and it is likely that I couldhave done it in any venue I may have otherwise chosen.

My immigration journey started a very long time ago in 1974according to ICE and 1976 according to my story. Both stories may betrue, or there may be parts of both stories that are true, but I amthe only possessor of the truth and it is my own to keep.Nonetheless, ICE, which was called USINS back then, decided that I wasborn Wayne Ricky Elson Rudder, an immigrant who came to the UnitedStates as the child of a citizen in the year 1974. Because of araucous childhood they decided that they would try to deport me and mylearning odyssey began. Between the years of 1976 through 1992 ICEtried to deport me to Trinidad on eight different occasions and failedeach time despite the fact that had I indeed been born Wayne RickyElson Rudder, deportation could have been appropriate, but the rulesthat I speak about are such that the rules can be utilized in order tocause an apple to turn into an orange and vice-versa. I tell people,because of my thirteen years training in theology, that I could takeboth sides of an argument on the Bible and win both. It is the samewith immigration. When I write a brief for the courts I marvel at thefact that I could say one thing in one paragraph and the very next saythe exact opposite and adequately support both so that it readsfluidly and makes complete sense to the reader. The system, as I seeit, is broken and it is not going to be fixed at any time in thefuture so long as it provides dividends to both political parties inthe United States and so long as Mexico can continue to use it as anescape hatch in order to avoid fixing their broken economy.

Now, what do you think would happen tomorrow if the United Statesdeclares bankruptcy and fails to pay the trillions it owes to the restof the world? Would the world end? Would there be massive wars? Wouldanyone attack the United States to force payment? Would the creditagency then call the United States twenty times a day, right atdinner, during the night and first thing in the morning to remind theUnited States that it has a debt that needs to be paid? I think not.

In the recent stimulus where President Obama rescued the banks hesaid, “They are too big to allow them to fail.”

The same is true about the United States. It is too big to beallowed to fail.

It is also true about the immigration problem; it is too big tobe allowed to fail, to be fixed, or to be taken out of existence.

Think for a moment that the God that we all know and loveappeared on earth tomorrow and announced that he was no longer goingto be performing all the obligations he takes upon himself…There wouldbe massive upheaval and one could not know where the world would goafter that.

President Obama has the power to eliminate the entire immigrationproblem with the swipe of a pen. If he were to issue a blanket pardonto all persons in the United States illegally all persons who areillegal in the United States would immediately be moved from beingillegal to being undocumented. Let me explain the definitions ofaliens.

1. You have a person who comes in with a visa to stay for acertain amount of time. That person is called a visitor.

2. When the visitor stays beyond the date of the visa’sexpiration, he or she becomes an “overstay.” There are abouteleven million overstays in the United States at present.Usually they marry an American and become residents orcitizens without any further penalty.

3. In some cases, increasingly rare, the immigration authoritiestrack down overstays and tries to deport them. Because manyvisas come together with conditions that waive the right tofight deportation if you overstay the visa, many people justmerely abandon their papers and utilize other identities toavoid detection. Many, however, continue on using their ownidentities and live very long periods in the United States.

4. When a person enters a border crossing point and is viewed byCustoms and Border Patrol and is “inspected and admitted”, heor she is a visitor whether or not he or she has a visa. For

instance, if you are in the back seat of a car that is wavedthrough the checkpoint because the officers do not believe youa threat, then you are a visitor who has been inspected andadmitted if you live in the Ninth Circuit. Not so with any ofthe other Circuits. In those Circuits you are treated as ifyou are an illegal so long as you don’t have a visa.

5. If you jump the border then you are illegal and undocumented.However, if you fill out any type of application for any typeof immigration benefit you go from being undocumented to beingdocumented but still illegal. When you gain a visa or sometype of relief then you are a permanent resident or temporaryresident or visa holder, asylee, derivative beneficiary,student visa holder, nonpermanent resident worker, etc.

6. Therefore, it is not as simple as it seems.If the United States were to say tomorrow, “All aliens in the

country illegally must go back to their countries what would happen isthat overnight the entire economy of the United States would shutdown. W think of the illegal alien as being the person who is workingin the fields picking tomatoes, but that is not quite the truth. Themajority of persons who work in the fields are migratory and theyreturn home after the season is over. Already stated is the fact thatthere are 11,000,000 overstays in the United States right now. Thoseare the ones who have come in with a visa and overstayed the datetheir visas expired. The illegal aliens are those who jump the borderand have not applied for any relief with USCIS and have not beenremoved. Their figures are about 24,000,000. Then comes those who havebeen ordered removed but haven’t left and ICE is not really trying tofind them to remove them. Their numbers are about 6,000,000. Then arethe ones who are just border jumpers who have applied for some type ofrelief but have not yet been granted it and their numbers are about2,300,000. Then you have the ones in detention at any one time and youhave another 375,000 persons who are alien and are in jails ordetention with immigration. Thus, 43,675,000 illegal aliens in theUnited States as we speak. They are not just the persons who pickfruit. They are the banker who managed to get a job at the bank. It isthe Canadian lawyer who managed to open an office, a dentist, adoctor, a Wall Street Broker, a dishwasher in a restaurant, a cook,

and so on. Remember when we were so shocked that three nominees forthe Supreme Court or the Clinton Cabinet had “nanny problems” wheretheir nannies were illegal aliens. This is not an aberration, but isthe factual situation of a world gone mad through laws that arecompletely illegal. That becomes a discussion where we will now havethe facts about immigration.

When the United States was being formed and the battle againstthe British was looming, the United States invited anyone to come inand help them fight the British. These men came from France, Germanyand Spain. When the war with the English was over, the men that camesent for their families to come in and join them and the United Statessaw this as a good thing to begin the fight against the Indians.While this was going on the slave ships began to arrive and culminatedwith about 4,000,000 black slaves being brought into and born into theUnited States as slaves. When the fight against the Indians waswinding down and the Americas spread westward, gold was discovered andanother type of person was needed and this meant that more workerswere needed than the Whites had at their disposal. These workers camein the form of Chinese brought in from China and the Indo-chinaregion.

The first immigration Act in the United States was passed in1790. The Naturalization Act of 1790 specified that “any alien, beinga free white person,” could apply for citizenship, so long as he orshe lived in the United States for at least two years, and in thestate where the application was filed for at least a year. The new lawalso provided that “children of citizens of the United States that maybe born … out of the limits of the United States shall be consideredas natural born citizens.”

Men and women aliens were covered, as were their children youngerthan 21. However, citizenship could devolve only through the fatherand did “not descend to persons whose fathers have never been residentin the United States.” The law also excluded indentured servants, freeBlacks and slaves, who were regarded as “property” and not “persons.”

When these requirements were met, an immigrant could file anaturalization petition with “any common law court of record” where he

or she lived. The applicant would have to make “proof to thesatisfaction of such court that he is a person of good character” andtake an “oath or affirmation … to support the Constitution of theUnited States.”

In 1795, Congress amended the act to extend the minimum residencerequirement to five years, which remains today.

The 1795 law remained in place for a long period of time eventhough several changes were made to it, some repealed and others whichstayed in place. That was the only law written by Congress whichmatches the intent of the Constitution of the United States; all otherlaws have been issued illegally when it comes to exclusion of personsor deportation of persons.

The Naturalization Act, passed by Congress on June 18, 1798 (1Stat. 566), increased the amount of time necessary for immigrants tobecome naturalized citizens in the United States from five to fourteenyears. Although it was passed under the guise of protecting nationalsecurity, most historians conclude it was really intended to decreasethe number of voters who disagreed with the Federalist politicalparty. At the time, most immigrants (namely Irish and French)supported Thomas Jefferson and the Democratic-Republicans, thepolitical opponents of the Federalists. This act was repealed in 1802by the Naturalization Law of 1802. So it began that one act would beput in place by the governing party to diminish the power of the otheronly to be replaced by another act when the other party took power.

The United States Congress passed the Naturalization Law of 1802on April 14, 1802 (2 Stat. 153) that directed the clerk of the courtto record the entry of all aliens into the United States. The clerkcollected information including the applicant's name, birthplace, age,nation of allegiance, country of emigration, and place of intendedsettlement, and granted each applicant a certificate that could beexhibited to the court as evidence of time of arrival in the UnitedStates. This act repealed the Naturalization Act of 1798. For thefirst time the United States had began to keep track of outsiders inorder to control these elements. This had not been thought necessaryfor the White Irish, Germans, French or other Whites who came to the

United States but it was meant to keep track of the Chinese, more thananything else.

Certain doubts had arisen as to whether State and local courtswere included within the description of U.S. district or circuitcourts. The act of 1802 reaffirmed that every State and Territorialcourt was considered a district court within the meaning of the lawspertaining to naturalization, and that any persons naturalized in suchcourts were accorded the same rights and privileges as if they hadbeen naturalized in a district or circuit court of the United States.

The act of 1802 was the last major piece of naturalizationlegislation during the 19th century. A number of minor revisions wereintroduced, but these merely altered or clarified details of evidenceand certification without changing the basic nature of the admissionprocedure. The most important of these revisions occurred in 1855,when citizenship was automatically granted to alien wives of U.S.citizens (10 Stat. 604), and in 1870, when the naturalization processwas opened to persons of African descent (16 Stat. 256).

The Alien and Sedition Acts were four bills passed in 1798 by theFederalists in the 5th United States Congress in the aftermath of theFrench Revolution and during an undeclared naval war with France,later known as the Quasi-War. They were signed into law by PresidentJohn Adams. The Sedition Act and the Alien Friends Act were allowed toexpire in 1800 and 1801, respectively. The Naturalization Act wasrepealed in 1802. The President refused to sign these bills and theyultimately expired. The President decided that these laws wereprejudicial to aliens and he did not want to be aligned with them.

Then came the civil war and the United States found itselffighting against itself mostly over the slavery question but moreabout the future direction of the country. Again America neededbodies to fight a war and used any person they could to fight the waragainst the other side. Again the French, Germans, Irish and Italianswere used. Then the Blacks were used in brigades of all Black persons.Thus, in 1868 the United States, after the war, crafted the FourteenthAmendment which gave citizenship to any person born in the UnitedStates and this time included Blacks for the first time. No more did

you have to have land to become a citizen. Many Republicans today saythat the fourteenth Amendment should be repealed to keep Mexicans whohave babies in the United States from becoming citizens. It is whythey fight against the immigration act because they are afraid thatthe Mexicans will overwhelm their communities and government just likethey were afraid of the Chinese.

Two years later the United States again faced the coolie problem.“Coolie” was an offensive term used to describe the Chinese, but ithas also been used against Indians of Indian heritage from the land ofIndia, not American Indians who were called by other names. TheNaturalization Act of 1870 (16 Stat. 254) was a United States federallaw that created a system of controls for the naturalization processand penalties for fraudulent practices. It is also noted for extendingthe naturalization process to "aliens of African nativity and topersons of African descent". Other non-whites were not included inthis act and remained excluded from naturalization, per theNaturalization Act of 1790. The act of 1870 was passed by the 41stUnited States Congress and signed into law by President Ulyses S.Grant on July 14, 1870. This law, however, was still not satisfyingbecause it did not prevent the Chinese from coming into California inorder to work at wages lesser than that paid to White workers. Thus,a stronger measure was required to frustrate the entry of Chinese.The United States just could not or would not pass a law that plainlysaid, “Chinese are not welcome”, but they could pass measures thatmade it difficult for persons to bring them in.

Up to this time, the Courts of the United States were content toallow the laws to be issued by each state regarding the entry ofpersons into their territories. Thus, states had different standardsthat either kept people out or prevented citizenship to certainpeople. We will discuss this further later. However, in Hendersonv. Mayor of City of New York - 92 U.S. 259 (1875), a case that went tothe Supreme Court, a racist Supreme Court, the Court decided thatCongress had the sole power to regulate foreign commerce linkingforeign commerce with immigration, something the Constitution of theUnited States does not do. We will discuss this more later.

In 1875 The Page Act of 1875 (Sect. 141, 18 Stat. 477, 1873-March1875) was the first restrictive federal immigration law and prohibitedthe entry of immigrants considered "undesirable." The law classifiedas "undesirable" any individual from Asia who was coming to America tobe a forced laborer, any Asian woman who would engage in prostitution,and all people considered to be convicts in their own country.

The law was named after its sponsor, Representative Horace F.Page, a Republican who introduced it to "end the danger of cheapChinese labor and immoral Chinese women". The Page Act was supposed tostrengthen the ban against “coolie” laborers, by imposing a fine of upto $2,000 and maximum jail sentence of one year upon anyone who triedto bring a person from China, Japan, or any Asian country to theUnited States “without their free and voluntary consent, for thepurpose of holding them to a term of service”. However, theseprovisions, as well as those regarding convicts “had little effect atthe time”. On the other hand, the bar on female Asian immigrants washeavily enforced and proved to be a barrier for all Asian women tryingto immigrate, especially Chinese. The problem was that so many Chinesehad come into the country that Whites feared that in the smallcommunities of the Gold Rush areas the Chinese would be the majoritypopulation and would then dwarf the Americans who had brought them inand thus control the government and the economy. The act was born outof pure prejudice based upon race.

On August 3, 1882, the forty-seventh United States Congresspassed the Immigration Act of 1882. It is considered by many to be“first general immigration law” due to the fact that it created theguidelines of exclusion through the creation of “a new category ofinadmissible aliens.”

There were two main components of the Immigration Act of 1882.The first was to create a “head tax” that would be imposed uponcertain immigrants entering the country. The Act states that “Thereshall be levied, collected and paid a duty of fifty cents for each andevery passenger not a citizen of the United States who shall come bysteam or sail vessel from a foreign port to any port within the UnitedStates.” This money would be paid into the United States Treasury and

“shall constitute a fund called the immigration fund.” These fundswould be used to “defray the expense of regulating immigration underthis act.” Scholar Roger Daniels commented that the head taxeventually “would rise, in stags, to eight dollars by 1917. In mostyears the government collected more in head taxes than it spent onadministration.”

The creation of such administration, and the need to collect anddisburse the head taxes throughout the bureaucratic chain, lead to thecreation of “the first immigration bureaucracy. “But It was asignificant turning point of immigration policy in terms of relying onfederal level legislation and administration. While this was not thefirst federal immigration law, as others were mentioned previously,states and local levels of immigration ports were mainly in control ofimmigration policy. The Immigration Act of 1882 was the beginning ofthe “contours of federal oversight” in immigration policyadministration. In addition to the head tax, the Act also stipulatedthe responsibility of government agents to inspect ports and vesselsbringing immigrants into the country.

This then lead to the second historically significant componentof the Act. Upon inquiry of the vessels transporting immigrants,immigration officials were given the authority to expel certainimmigrants based on criteria laid out within the Act. The legislationdictated that “If on such examination there shall be found among suchpassengers any convict, lunatic, idiot, or any person unable to takecare of him or herself without becoming a public charge, they shallreport the same in writing to the collector of such port, and suchperson shall not be permitted to land.” Furthermore, if a criminal wasfound to be on board, it was the fiscal responsibility of the shipthat brought the immigrant there to take them back out of the UnitedStates. The criminal provision of the act did not include immigrantswho were “convicted of political offenses, reflecting the traditionalAmerican belief that the United States is a haven for those persecutedby foreign tyrants.”

The Chinese Exclusion Case - 130 U.S. 581 (1889) came out of achallenge against the bills passed by Congress. The Supreme Court

specifically found that laws could be passed by Congress which keptout persons and undesirables whom the government did not want in theUnited States. Nothing in the Constitution gives rise to such apremise. It is important that for the first time these procedures wereemployed giving Congress the right to legislate regarding thedeportation of aliens.

The Act of 1891 then assigned immigration to the Secretary of theTreasury and gave him full powers over immigration with the ability todeport, exclude and to allow aliens into the United States.

The Geary Act was a United States law passed in 1892 written byCalifornia Congressman Thomas J. Geary. It extended the ChineseExclusion Act of 1882 by adding onerous new requirements.

The law required all Chinese residents of the United States tocarry a resident permit, a sort of internal passport. Failure to carrythe permit at all times was punishable by deportation or a year ofhard labor. In addition, Chinese were not allowed to bear witness incourt, and could not receive bail in habeas corpus proceedings.

The Geary Act was challenged in the courts but was upheld by theUnited States Supreme Court in an opinion by Justice Horace Gray, FongYue Ting v. United States, 149 U.S. 698, 13 S. Ct. 1016. 37 L.Ed. 905(1893) These laws are important only for the fact that they provided,for the first time, a new requirement, that each alien carry what hasbecome known as a Green Card, an Alien Permit which would allowemployment. However, once the card was gained, it was permanent inscope.

The Immigration Act of 1903, also called the Anarchist ExclusionAct, was a law of the United States regulating immigration. Itcodified previous immigration law, and added four inadmissibleclasses: anarchists, people with epilepsy, beggars, and importers ofprostitutes. It had little impact and its provisions related toanarchists were expanded in the Immigration Act of 1918.

Anarchism came to public attention in the United States with theHaymarket Affair of 1886. On May 4, a policeman was killed and severalothers were wounded, of which six later died, after a bomb exploded in

Chicago's Haymarket Square. Eight members of the recently formedInternational Working People's Association (IWPA) were found guilty ofthe bombing. The IWPA's 1883 manifesto called for the "destruction ofthe existing class rule, by all means, i.e., by energetic, relentless,revolutionary and international action".

The idea of excluding anarchists from immigrating was firstmentioned at a Congressional hearing in 1889. A bill introduced onJuly 20, 1894 sought to restrict the entry of anarchists by requiringpotential immigrants to visit an U. S. consulate for a politicalreview before immigrating. A substitute bill proposed a system withinthe United States to detect, question, and deport immigrants accusedof anarchism. Both died in committee.

On September 6, 1901, Leon F. Czolgosz, an American-born son ofPolish immigrants and a self-proclaimed anarchist, assassinatedPresident William McKinley. The police responded by arresting anumber of anarchists, including Emma Goldman and a group of Chicagoanarchists that published Free Society, the leading English-languagecommunist-anarchist periodical in the U.S. at the time. They were alllater released because no evidence of conspiracy could be found. Andthere were some viewpoints in the anarchist opinion which stronglydenounced Czolgosz, some calling him a "dangerous crank", despite whatwas to come next.

Theodore Roosevelt urged the exclusion and deportation ofanarchist immigrants in his first address to Congress on December 3,1901.

I earnestly recommend to the congress that in the exercise of itswise discretion it should take into consideration the coming to thiscountry of anarchists or persons professing principles hostile to allgovernment....They and those like them should be kept out of thiscountry; and if found here they should be promptly deported to thecountry whence they came.” This marked the first entrenchment of theterm “deportation” into the American Legal verbiage.

The Naturalization Act of 1906 was an act of the United StatesCongress signed into law by Theodore Roosevelt that revised the law

from 1870 and required immigrants to learn English in order to becomenaturalized citizens. The bill was passed on June 29, 1906, and tookeffect September 27, 1906. It was modified by the Immigration Act of1990.

The legislation established the federal government as the arbiterof naturalization policy. It created the Bureau of Immigration andNaturalization, which provided for the first uniform naturalizationlaws in the country. Prior to 1906, an alien could be naturalized inany U.S. "court of record." State-level naturalization courts managedproceedings and had varying standards across the country. AfterSeptember 26, 1906, naturalization could only be done in courts havinga seal and a clerk, and exerting universal competence.

The Act established standardized naturalization forms, requiring,inter alia:

verification of arrival

names and details of wives and children

In addition, section 15 of the Act defined the power of U.S.district attorneys to institute denaturalization proceedings: “in anycourt having jurisdiction to naturalize aliens for the purpose ofsetting aside and canceling the certificate of citizenship on theground of fraud or on the ground that such certificate of citizenshipwas illegally procured

Generally, the Basic Naturalization Act of 1906 addressedRoosevelt’s commission’s concerns, with one specific recommendationthat was not specifically addressed. There was no specific form issuedfor the oath of allegiance, as was recommended by the commission.Another recommended provision insisted that naturalized citizens beable to speak English. The provision read:

“That no alien shall hereafter be naturalized or admitted as acitizen of the United States who cannot speak the English language:Provided , That this requirement shall not apply to aliens who arephysically unable to comply therewith, if they are otherwise qualified

to become citizens of the United States.” This was specifically toprevent those who spoke foreign tongues from becoming citizens..

Through the centralization of all naturalization and immigrationrecords the Federal Government was able to command more control overthe naturalization process. The centralization mandate produced auniform process as well as causing the number of courts processingapplications to fall throughout the country.” This centralizationalso included the dispersal of standard naturalization documentsfollowing the laws’ enactment. On September 27th of 1906, the UnitedStates Federal Naturalization Bureau began keeping copies of allAmerican naturalization records. The naturalization certificate fileswould come to be known as C-Files. Additionally, those who hadacquired their citizenship on questionable legal grounds, are nowsubject to additional scrutiny, as a direct result of this law.Section 15 clearly outlines the powers granted to U.S. attorneystowards prosecuting these cases, with language giving a considerableamount of the burden of proof to defendants. This provision was quiteencompassing, thus promoting a number of prosecutions on the basis offraudulent naturalization procedures. The case of Luria vs. UnitedStates challenges this provision, but it is deemed constitutional.

Particularly, significant about this legislation is that itclearly asserts greater Federal jurisdiction over the naturalizationprocess in America. If the existence of the act, on its own, does notelicit that impression, then Section 11’s assertion that the UnitedStates can appear “before any court” as it relates to Naturalizationproceedings makes it more explicit. This provision does nottechnically strip the states of any jurisdiction, but it specificallyasserts that the Federal Government holds the ultimate powers relatingto naturalization, under the law.

Another case that was directly affected by this legislation wasTakao Ozawa v. United States. Part of the justification for thecourts’ decision to not allow Ozawa’s attainment of citizenship wasthat, traditionally, only white persons were allowed citizenship. TheNaturalization Act of 1906 does not specifically address the addition

of any groups that may wish to attain American citizenship. Theopinion specifically states:

“In all of the naturalization acts from 1790 to 1906 theprivilege of naturalization was confined to white persons [260 U.S.178, 193] (with the addition in 1870 of those of African nativity anddescent), although the exact wording of the various statutes was notalways the same. If Congress in 1906 desired to alter a rule so welland so long established it may be assumed that its purpose would havebeen definitely disclosed and its legislation to that end put inunmistakable terms.”

The decision goes on to deny that the common population couldconstrue Ozawa, a man of Japanese descent, as white (thus, making himineligible under section 2169 of the Revised Statutes of the UnitedStates). Thus he could not be naturalized, under the current laws, in1922.

As part of a general movement towards limiting the influx ofimmigrants of the early 20th century, which Roger Daniels hashypothesized to be a “campaign to restrict all immigration”, theImmigration Act of 1907 classified another group of people which wouldbe further restricted from entry. Section two of the Act stated that:

All idiots, imbeciles, feebleminded persons, epileptics, insanepersons, and persons who have been insane within five years previous;persons who have had two or more attacks of insanity at any timepreviously; paupers; persons likely to become a public charge;professional beggars; persons afflicted with tuberculosis or with aloathsome or dangerous contagious disease; persons not comprehendedwithin any of the foregoing excluded classes who are found to be andare certified by the examining surgeon as being mentally or physicallydefective, such mental or physical defect being of a nature which mayaffect the ability of such alien to earn a living.

These types of regulations had been first introduced in 1882alongside the Chinese Exclusion Act to ban all “lunatics, idiot, orany person unable to take care of him or herself without becoming apublic charge”, making lack of able-bodied status or illness as

grounds for turning persons away. The 1907 act, however, changed thelanguage to “likely to become a public charge” which Douglas Bayntonargues “considerably lowered the threshold for exclusions and expandedthe latitude of immigration officials to deny entry.” The 1907 actalso went further than the statues before it, automatically excluding“imbeciles” and “feeble-minded persons” adding to the 1903 ban alreadyenforced on epileptics and "idiots." To prevent disease for entering,section eleven of the act expanded on the ban of infected persons bystipulating that a medical examiner could turn away the person and anyother immigrant accompanying them. This addition of multipledisabilities and specific diseases within the language of thelegislation expanded the power of commissioners and medical examinersto determine and turn away those seen to be unsuited for entry intothe United States on the basis of their mental and physical status.

Section two of the act also expanded the definition of moralcharacter, adding to the political provision of 1903 by banning“persons who have been convicted of or admit having committed a felonyor other crime or misdemeanor involving moral turpitude; polygamists,or persons who admit their belief in the practice of polygamy,anarchists, or persons who believe in or advocate the overthrow byforce or violence of the Government of the United States, or of allgovernment, or of all forms of law, or the assassination of publicofficials; persons coming for immoral purposes…” This ban reinforcedthe fear of political sedition as well as furthering targeting womensuspected as prostitutes alongside with Chinese Exclusion Act of 1882by referencing persons who were coming over for “immoral purposes.Already polygamy had been referenced in a statue in 1891 but 1907 onceagain broadened the definition of not only a polygamist, but a personwho believed in the practice. Section two also continued a previouslyenforced ban on persons entering for contract labor, which hadpreviously been outlawed but was now grounds for exclusion. Whilethese provisions had been put in place earlier, this act refined thedefinition of those immigrants who could be lawfully turned away.

Other measures included a section twelve provision that requiredthat incoming ships detail the age, gender, national origin,occupation, and place of residence of all passengers that were coming

into the United States to allow a more through registry of departuresthat could be used for statistical purposes. Section nine also madeit unlawfully for any person to transport such banned classes of“imbeciles." The first section of the act increased the head tax tofour dollars a person, to be placed in the “immigration fund” whichcould be used for departures of any person who entered unlawfully,became a public charge in three years, or “to be used under thedirection of the Secretary of Commerce and Labor to defray the expenseof regulating the immigration of aliens into the United States undersaid laws.

The act’s long term consequences came from Section thirty nine,which created the U.S. Immigration Commission, which was commonlyknown as the Dillingham Commission. Its goal was to create reportswhich outlined to Congress the status of immigration, and the need torefine laws. This commission would go on make recommendations whichled to the quota system in the Immigration Act of 1924 and morerestrictions on Asian and unskilled laborers immigration.

On February 5, 1917, the United States Congress passed theImmigration Act of 1917 (also known as the Asiatic Barred Zone Act)with an overwhelming majority, overriding President Woodrow Wilson'sDecember 14, 1916, veto. This act added to the number of undesirablesbanned from entering the country, including but not limited to“homosexuals”, “idiots”, “feeble-minded persons”, "criminals",“epileptics”, “insane persons”, alcoholics, “professional beggars”,all persons “mentally or physically defective”, polygamists, andanarchists. Furthermore, it barred all immigrants over the age ofsixteen who were illiterate. The most controversial part of the lawwas the section that designated an "Asiatic Barred Zone", a regionthat included much of Asia and the Pacific Islands from which peoplecould not immigrate. Previously, only the Chinese had been excludedfrom admission to the country. Attempts at introducing literacy testswere previously vetoed by Grover Cleveland in 1897 and William Taft in1913. Wilson also objected to this clause in the Immigration Act, butit was still passed by Congress on the fourth attempt.

Anxiety in the United States about immigration has often beendirected toward immigrants from China and Japan. The Chinese ExclusionAct of 1882 barred Chinese from entering the US. The Gentlemen'sAgreement of 1907 was made with Japan to regulate Japanese immigrationto the US. The Immigration Act of 1917 is one of many immigrationacts during this time period which arose from nativist and xenophobicsentiment. These immigration laws were intentional efforts to controlthe composition of immigrant flow into the United States.

During World War I, officials at the Department of Justice werefrustrated in the attempts to suppress anarchist activity by theirinability to convict even self-professed anarchists under currentlegislation, notably the Immigration Act of 1903 and the ImmigrationAct of 1917. U.S. authorities in the Wilson administration determinedthat their best opportunity to detain and remove foreign-bornanarchists, antiwar protesters, and members of radical labor unionssuch as the Industrial Workers of the World from the United States layin the authority of the Department of Immigration to deportindividuals under an extremely broad definition of anarchism, thistime using administrative procedures that did not require due process.

Working together, officials at the Department of Justice and theBureau of Immigration drafted legislation designed to remedy thedefects in current legislation by defining anarchism broadly enough tocover all forms activity related to its advocacy, including membershipin or affiliation with any organization or group that advocatedopposition to all forms of organized government. The new legislationremoved the provision in prior law that aliens who had resided in theUnited States for more than 5 years were not subject to deportation.The bill passed the House of Representatives quickly. While waitingfor the Senate, representatives of the two sponsoring governmentdepartments held meetings to develop a strategy for handling the"disposition of cases of alien anarchists, some of whom are Italiananarchists and others Industrial Workers of the World and RussianUnion workers, now pending."

Senator Borah of Idaho was one of the few opposed, but he was notprepared to try to prevent a vote. When the bill passed, it included

additional punishment for anyone deported who returned to the UnitedStates. The punishment for that was a prison term of 5 years followedby deportation once again.

The Immigration Act made permanent the basic limitations onimmigration into the United States established in 1921 and modifiedthe National Origins Formula established then. In conjunction with theImmigration Act of 1917, it governed American immigration policy untilthe passage of the Immigration and Nationality Act of 1952, whichrevised it completely.

For the next three years, until June 30, 1927, the 1924 Act setthe annual quota of any nationality at 2% of the number of foreign-born persons of such nationality resident in the United States in1890. That revised formula reduced total immigration from 357,803 in1923–24 to 164,667 in 1924–25. The law's impact varied widely bycountry. Immigration from Great Britain and Ireland fell 19%, whileimmigration from Italy fell more than 90%.

The Act provided that beginning July 1, 1927, the formula wouldno longer use a percentage. As of that date, total immigration wouldbe limited to 150,000, with the proportion of the total admitted fromany country based on that country's representation in the U.S.population according to the 1920 Census. The change from 2% to 150,000planned for 1927 was later postponed to July 1, 1929.

The Act established preferences under the quota system forcertain relatives of U.S. residents, including their unmarriedchildren under 21, their parents, and spouses aged 21 and over. Italso preferred immigrants aged 21 and over who were skilled inagriculture, as well as their wives and dependent children under age16. Non-quota status was accorded to: wives and unmarried childrenunder 18 of U.S. citizens; natives of Western Hemisphere countries,with their families; non-immigrants; and certain others. Subsequentamendments eliminated certain elements of this law's inherentdiscrimination against women.

The 1924 Act also established the "consular control system" ofimmigration, which divided responsibility for immigration between the

State Department and the Immigration and Naturalization Service. Itmandated that no alien should be allowed to enter the United Stateswithout a valid immigration visa issued by an American consularofficer abroad.

It provided that no alien ineligible to become a citizen could beadmitted to the United States as an immigrant. This was aimedprimarily at Japanese and Chinese aliens. It imposed fines ontransportation companies who landed aliens in violation of U.S.immigration laws. It defined the term "immigrant" and designated allother alien entries into the United States as "non-immigrant", thatis, temporary visitors. It established classes of admission for suchnon-immigrants. These are part of the criteria still existent today.

The Magnuson Act also known as the Chinese Exclusion Repeal Actof 1943 was immigration legislation proposed by U.S. Representative(later Senator) Warren G. Magnuson of Washington and signed into lawon December 17, 1943 in the United States. It allowed Chineseimmigration for the first time since the Chinese Exclusion Act of1882, and permitted some Chinese immigrants already residing in thecountry to become naturalized citizens. This marked the first timesince the Naturalization Act of 1790 that any Asians were permitted tobe naturalized. However, the Magnuson Act provided for thecontinuation of the ban against the ownership of property andbusinesses by ethnic Chinese. In many states, Chinese Americans(including US citizens) were denied property-ownership rights eitherby law or de facto until the Magnuson Act itself was fully repealed in1965.

The Magnuson Act was passed on Dec. 17, 1943, the year Chinabecame an official allied nation to the United States in World War II.Although considered a positive development by many, it wasparticularly restrictive against Chinese immigrants, limiting them toan annual quota of 105 new entry visas. The quota was supposedlydetermined by the Immigration Act of 1924, which set immigration fromqualifying countries at 2% of the number of people who were alreadyliving in the United States in 1890 of that nationality. However, thearrived-at number of 105 per annum granted to the Chinese was

disproportionately low. (The quota should have been 2,150 per annum,as official census figures place the population of ethnic Chineseliving in the USA in 1890 at 107,488 persons. Regardless of method ofcalculation, the number of Chinese immigrants allowed into the USA wasdisproportionately low in ratio to the sanctioned immigration of othernationalities and ethnicities. Chinese immigration later increasedwith the passage of the Immigration and Nationality Services Act of1965.

The above shows the fact that shifting political winds areresponsible for many of the Immigration laws in the United States.

The Immigration and Nationality Act of 1952 (Pub.L. 82–414, 66Stat. 163, enacted June 27, 1952), also known as the McCarran–WalterAct, restricted immigration into the U.S. and is codified under Title8 of the United States Code. The Act governs primarily immigration toand citizenship in the United States. It has been in effect sinceDecember 24, 1952. Before this Act, a variety of statutes governedimmigration law but were not organized within one body of text.

The Immigration and Nationality Act of 1965 (Hart-Celler Act,INS, Act of 1965, Pub.L. 89–236) abolished the National OriginsFormula that had been in place in the United States since theEmergency Quota Act. It was proposed by Representative Emanuel Cellerof New York, co-sponsored by Senator Philip Hart of Michigan, andpromoted by Senator Ted Kennedy of Massachusetts.

The Hart-Celler Act abolished the national origins quota systemthat was American immigration policy since the 1920s, replacing itwith a preference system that focused on immigrants' skills and familyrelationships with citizens or U.S. residents. Numerical restrictionson visas were set at 170,000 per year, with a per-country-of-originquota, not including immediate relatives of U.S. citizens, nor"special immigrants" (including those born in "independent" nations inthe Western Hemisphere, former citizens, ministers, and employees ofthe U.S. government abroad). This Act is responsible for many of thepersons in the United States being able to bring in their relativesfrom Mexico and other countries.

The Illegal Immigration Reform and Immigrant Responsibility Actof 1996, Division C of Pub.L. 104–208, 110 Stat. 3009-546, enactedSeptember 30, 1996 (often referred to as "i-RAI-ruh" by federalappellate law clerks, and sometimes abbreviated as "IIRAIRA" or"IIRIRA") vastly changed the immigration laws of the United States.

This act states that immigrants unlawfully present in the UnitedStates for 180 days but less than 365 days must remain outside theUnited States for three years unless they obtain a pardon. If they arein the United States for 365 days or more, they must stay outside theUnited States for ten years unless they obtain a waiver. If theyreturn to the United States without the pardon, they may not apply fora waiver for a period of ten years.

Previously, immediate deportation was triggered only for offensesthat could lead to five years or more in jail. Under the Act, minoroffenses such as shoplifting may make individuals eligible fordeportation. When IIRIRA was passed in 1996, it was appliedretroactively to all those convicted of deportable offenses.

However, in 2001, the U.S. Supreme Court decided that Congressdid not intend IIRIRA to be applied retroactively to those who pleadedguilty to a crime prior to the enactment of IIRIRA if they would nothave been deportable at the time that they pleaded guilty in (INS v.St. Cyr).

IIRIRA's mandatory detention provisions have also been repeatedlychallenged, with less success.

The Reed Amendment, a portion of IIRIRA which makes people whorenounced U.S. citizenship excludable from the U.S. if the AttorneyGeneral finds that they renounced for purposes of tax avoidance, hasalso been suggested to be unconstitutional.

The IIRIRA authorized the Immigration and Naturalization Serviceto use "secret evidence" against aliens in various immigrationproceedings if the evidence is deemed classified and the INS considersit relevant to the case. Critics have challenged the constitutionalityof this provision and in 1999 and 2000 a "Secret Evidence Repeal Act"was introduced in Congress, but never passed.

The REAL ID Act of 2005, Pub.L. 109–13, 119 Stat. 302, enactedMay 11, 2005, was an Act of Congress that modified U.S. federal lawpertaining to security, authentication, and issuance proceduresstandards for the state driver's licenses and identification (ID)cards, as well as various immigration issues pertaining to terrorism.

The law set forth certain requirements for state driver'slicenses and ID cards to be accepted by the federal government for"official purposes", as defined by the Secretary of Homeland Security.The Secretary of Homeland Security has currently defined "officialpurposes" as presenting state driver's licenses and identificationcards for boarding commercially operated airline flights and enteringfederal buildings and nuclear power plants.

The REAL ID Act implements the following:

Title II of the act establishes new federal standards for state-issued driver licenses and non-driver identification cards.

Changing visa limits for temporary workers, nurses, andAustralian citizens.

Funding some reports and pilot projects related to bordersecurity.

Introducing rules covering "delivery bonds" (similar to bailbonds but for aliens who have been released pending hearings).

Updating and tightening the laws on application for asylum anddeportation of aliens for terrorist activity.

Waiving laws that interfere with construction of physicalbarriers at the borders.

My Take

It is my determination, surrounded by facts that are utterlydisprovable, that all the actions taken above have been taken

illegally. The Congress of the United States is given one mandate.This mandate contained in Article one, Section Eight of the UnitedStates Constitution gives Congress the power as follows: Toestablish a uniform rule of naturalization, and uniform laws on thesubject of bankruptcies throughout the United States;

How does one turn that into an uniform rule of deportation? Onecannot because the Tenth Amendment states: “The powers not delegatedto the United States by the Constitution, nor prohibited by it to thestates, are reserved to the states respectively, or to the people.”

The above section states that powers not delegated to the UnitedStates by the Constitution nor prohibited by it to the states arereserved to the states respectively or to the people is sufficient tofind that all the laws made by Congress regarding immigration areillegal. These issues have been challenged by myself and others overthe years but the Courts, which congress creates and gives their powerstates: We have routinely granted Congress this power so we cannot dootherwise now.

Justice Frankfurter stated, “If I were writing on a blank slate Iwould find violations of the Constitution, but I cannot do so. I am not writing on a clean slate, but an entire book”. What this means is that you and your families are being by a corrupt system of politics that will continue to go unchecked unless someone has the power and the gall to change the system. Until then, I will be here tohelp you fight them and to make sure that you win, no matter what yourchallenges because a fight against the corrupt is always won by the chaste and the persons who are right and I am right and that is why I am in the United States some thirty-five years after they endeavored to deport me from this country. I may not be able to run for president, but I can continue to help you get what you need from USICEand USCIS and the Department of Homeland Security because they cannot beat me even if they tried and they are no longer trying.

I am not afraid of the Immigration Agencies and neither should you be. No matter where we came from, it is not nearly as bad as living in the shadows of a conglomerate which seeks only to define you. Don’t be defined along their lines. Fight to get what you think

is right. A lawless government is no government at all. I can help you with all your problems if you only call upon me to do so and I will do my best. I don’t like people who think that things are hopeless. Things never are. You have a right to be here and no one can prevent you from that right. When you think the dark nights will engulf you, come to me and I will show you the way out of the shadows onto the light. I am the forbidden and the unmistaken, Wayne.

Thank you for your time.

Wayne R. E. RudderChief Legal Advisor Low Cost Immigration Assistanceaampubjusccsc@gmail.com