Is DACA, Deferred Action Children Arrival, Constitutionally Correct?
Congress has no authority over the Sovereign States other than Possessions, Territories and Washington DC. For example, Puerto Rico is a territory.
Congress has no authority over the 50 Sovereign states.
Under the 10th amendment and the 9th Amendment of the Constitution, the Administrative Procedure Act written in 1942 has No Authority over immigrations as presented by Obama, under DACA.
Therefore president Trump’s removal of the new funding or rights as required by sovereign state implementation of their own policy and rules, does not fall under the Administrative Procedure Act of 1942, and DACA should not be funded by the Federal government, it’s a States right.
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Charles Frederick Tolbert EdD
Retired Master Sergeant United States Army/Pastor
Updated March 05, 2018
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Please consider Changing the phrase, “building a border around America” to “virtual reality visas.”
I have written articles which present restrictions on coming across the United States borders; “if in a back ground check the requestor cannot be traced back 10 years the requestor will not receive a visa to enter into a State.” The petitioner must submit their request through one of the sovereign states. (US constitution Amendment 10)
This would establish, as per the constitution, Departments of Immigration in each individual state enabling the States to establish their immigration program according to amendment 10, then the Federal Government will continue utilizing the naturalization rules of law of 1805, 1954, 1990 and 2000 articles of naturalization which adheres to the 17 responsibilities of a Federalism, the United States Constitution and the Bill Of Rights.
In addition; the current illegal immigrants are substantially higher than the 12 to 20,000,000 as presented by the federal government. These figures are in excess of 50 million at a cost to American taxpayer of approximately $4,000 per individual per month. Unless Congress declares these illegal immigrants invaders, the federal government has no responsibility. I request Congress to re-establish the Constitution and pass a bill that these illegal immigrants are “invaders” forcing them to utilize the state immigration program with a petition fee of $1500 per applicant.
I have presented how these illegal immigrants would be restricted from utilization of social welfare, education, sending money out of country and medical assistance for a two year period. These illegal immigrants will require a sponsor and also employment through their sponsor before they can submit a “virtual reality visa” through the sovereign state.
After the two-year probation, they would then be required seven years residencies. Upon completion and good moral character, they would submit to the federal government paperwork of naturalization.
Any illegal immigrant who gave birth to a child is not protected under the naturalization act and are anchor babies. These anchor babies would be required to fulfill and follow the same procedures as their parents.
Currently there are millions of anchor babies who are in fear of being removed and deported without a due process procedure which can only be provided by following the above conditions
It should be noted the above is not an executive order condition. It would require congress to establish laws which are required for enforcement of the constitution after which time the executive branch would be required to provide protection and enforcement of the congressional laws.
The following links are written and presented by Dr Tolbert:
Charles Frederick Tolbert EdD
Candidate For U. S. Senate Florida 2018
Immigration belongs to the States
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