Exploring Us Code 1182: Constitutional Connection?

US Code 1182 is part of the Aliens and Nationality title, which details the denial of entry into the United States of foreign nationals. It outlines the criteria for inadmissibility, including criminal history, association with terrorist organisations, and participation in acts of torture or extrajudicial killings. It is not part of the Immigration and Nationality Act but was enacted as part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act for Fiscal Years 2000 and 2001.

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Denial of entry to the US

The United States Code is a compilation of laws passed by the US Congress. It is not part of the US Constitution, which is a separate document that outlines the country's fundamental laws and principles.

Under US Code Title 8, Chapter 12, Part II, Section 1182, certain criteria are set out for denying entry to the US for foreign nationals. This section is also known as the "Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001". It is important to note that this section is distinct from the Immigration and Nationality Act.

The criteria for denying entry to the US include:

• Any alien who has committed, ordered, incited, or assisted in the commission of acts of torture or extrajudicial killings as defined by US law.
• Any alien associated with a terrorist organization and who intends to engage in activities that could endanger US security.
• Any alien who has engaged in the recruitment or use of child soldiers.
• Any alien convicted of, or who admits to committing, a crime involving moral turpitude (except for purely political offenses) or a violation related to controlled substances.
• Any alien who has voted in violation of any US laws or regulations.
• Foreign nationals engaged in the establishment or enforcement of forced abortion or sterilization policies.

It is important to note that these criteria are subject to change over time as US laws and policies evolve. Additionally, there may be exceptions or waivers granted in certain circumstances, but these are assessed on a case-by-case basis.

Aliens and Nationality

The US Code 1182, or Title 8, Chapter 12, deals with aliens and nationality, specifically immigration and nationality. This section outlines the qualifications for aliens to be admitted to the United States and travel control of citizens and aliens.

Inadmissible Aliens

Under US Code 1182, certain aliens are inadmissible and ineligible to receive visas or enter the United States. This includes aliens who:

• Have a communicable disease of public health significance.
• Have been convicted of or have committed acts of murder, torture, or extrajudicial killing.
• Have engaged in the recruitment or use of child soldiers.
• Have been associated with a terrorist organization and intend to engage in activities that could endanger the US.
• Are likely to become a public charge, in the opinion of the consular officer or Attorney General.
• Have engaged in conduct defined as genocide or persecution based on race, religion, national origin, or political opinion during a specific period (1933-1945).
• Are graduates of unaccredited medical schools who have not passed the required examinations or are not competent in English.
• Are coming to the US to practice polygamy.
• Are subject to a final order for violation of section 1324c.
• Do not possess valid entry documents, such as a visa, passport, or border crossing identification card.
• Have voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation.

Suspension of Entry

The President has the authority to suspend the entry of aliens or impose restrictions if deemed detrimental to US interests. The Attorney General can also suspend the entry of aliens transported by airlines that fail to comply with regulations regarding the detection of fraudulent documents.

Immigrant Visa Eligibility

Certain aliens are ineligible to apply for immigrant visas, permanent residence, or nonimmigrant visas. This includes aliens whose participation in certain programs or education was financed by the US government or their country of nationality or residence.

Crimes involving moral turpitude

CIMTs are typically defined as crimes that involve reckless or malicious intent, resulting in great bodily harm, defrauding others, or depriving owners of their property. Crimes that involve fraud, such as petty theft, grand theft, forgery, and robbery, are considered CIMTs in some states. Sexual and family crimes, such as spousal or child abuse, may also be considered CIMTs, depending on the presence of violence or criminal intent.

In the context of 8 U.S.C. § 1182, a non-U.S. citizen convicted of a CIMT is considered inadmissible to the United States. This means that they may be denied entry or admission into the country. The code also specifies exceptions, such as the petty offense exception, where the maximum sentence for the crime was one year, but the defendant received a sentence of six months or less. Another exception is the youthful offender exception, which applies to non-citizen offenders under 18 years of age who have only committed one CIMT and it has been at least five years since their conviction or release from prison.

It is important to note that the definition of a CIMT is not standardized across all states, and different states may apply varying definitions to these crimes. Therefore, when determining whether an offense is a CIMT, the nature of the offense, the relevant state statutes, and controlling case law must be considered on a case-by-case basis.

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Voting in violation of law

Voting is a fundamental right and a cornerstone of any democratic society. However, voting laws and regulations are crucial to ensure the integrity of the electoral process and maintain public confidence in the outcomes. In the United States, various laws and codes govern the voting process, including the U.S. Constitution and federal, state, and local statutes. One such code is U.S.C. § 1182, which falls under the category of "Aliens and Nationality" in Title 8 of the U.S. Code.

While U.S.C. § 1182 is not directly part of the U.S. Constitution, it plays a significant role in upholding the integrity of the voting process by addressing voting-related violations committed by non-citizens, or "aliens" as referred to in the code. This code outlines the consequences for aliens who engage in certain prohibited activities, including voting in violation of the law.

Voting in violation of the law, or illegal voting, can take various forms. In the context of U.S.C. § 1182, it specifically pertains to instances where an alien has voted despite not having the right to do so under federal, state, or local laws and regulations. This code emphasizes the inadmissibility of aliens who have engaged in such prohibited acts.

Consequences for Voting in Violation of Law:

• Inadmissibility: U.S.C. § 1182 clearly states that any alien who has voted in violation of any federal, state, or local constitutional provision, statute, ordinance, or regulation shall be deemed inadmissible. This means that such individuals may be denied entry into the United States or face deportation if they are already present in the country.
• Denial of Entry or Visa Application Rejection: The code effectively acts as a deterrent for aliens considering voting illegally in the United States. It empowers immigration officials to deny entry or reject visa applications from individuals who have engaged in prohibited acts, including illegal voting.
• Impact on Immigration Status: For aliens already residing in the United States, voting in violation of the law can have serious consequences on their immigration status. It may lead to the revocation of their visa or legal status, potentially resulting in their removal from the country.
• Criminal Penalties: While U.S.C. § 1182 focuses on inadmissibility, it's important to note that voting in violation of the law may also carry criminal penalties under other federal or state statutes. These penalties can include fines, imprisonment, or both.

In conclusion, while U.S.C. § 1182 is not part of the U.S. Constitution, it serves as a crucial tool to uphold the integrity of the voting process by addressing instances of voting in violation of the law by non-citizens. The code sends a clear message that illegal voting will not be tolerated and establishes consequences aimed at deterring such actions.

Acts of torture

US Code 1182 is not part of the US Constitution. It is part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001. This code outlines the denial of entry into the United States of certain foreign nationals, specifically addressing acts of torture.

Any alien who has committed, ordered, incited, assisted, or otherwise participated in acts of torture, as defined by US law, is inadmissible to the United States. This includes acts of torture committed outside the United States and those associated with a foreign nation's legal system, such as extrajudicial killings. The definition of torture is outlined in Section 2340 of Title 18. Additionally, any alien associated with a terrorist organization who intends to engage in activities that endanger US welfare, safety, or security is also inadmissible.

Furthermore, US Code 1182 addresses the recruitment or use of child soldiers, considering it an inadmissible offence. This is in accordance with Section 2442 of Title 18. The code also covers voting by aliens, stating that any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.

The code also addresses crimes involving moral turpitude and controlled substances. Any alien convicted of or admitting to such crimes is generally inadmissible, with certain exceptions, such as if the crime was committed when the alien was under 18 and more than five years have passed since their release from confinement.

Finally, US Code 1182 specifically mentions the denial of entry to foreign nationals engaged in the establishment or enforcement of forced abortion or sterilisation policies. This provision is set to come into effect on March 12, 2025.

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