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Press Release April 30, 2013


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   Charles Kacprowicz

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Text of proposed


ARTICLE 28 (or alternate number to be assigned by Congress)

Section 1.  America’s Immigration experience is unique among nations and revered by the American people.  It is the right of citizens to receive from America’s Immigration policies protection from immigrants entering the United States illegally or who violated the terms of their visas or other  entry permits.  


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Section 2.  A maximum number of applications for citizenship  to the United States that can be approved by immigration authorities for any given year is 250,000, which includes adults and children.  The maximum number of approvals for citizenship to the United States from any individual country, or foreign territory, shall not exceed 7,500 a year. 


Section 3.  The United States Congress shall determine the qualifications of individual applicants who are applying for citizenship.  Congress shall also determine which countries of origin (or foreign territories) are authorized to send applications for citizenship to the United States. 


Section 4.  The United States Congress is authorized to grant citizenship through amnesty to persons who are in the United States illegally when: one, two thirds of both Houses of the United States Congress agree that such amnesty should be granted and; two, the maximum number of persons who are in the United States illegally and who would be granted citizenship through amnesty in a given year shall not exceed 250,000.  Congress shall also have authority to decide additional qualifications of illegal immigrants who are to be granted citizenship through amnesty.    


Section 5.  All illegal immigrants, including those who have overstayed their visas or any other entry permit and who desire to reside in the United States must have their visas and/or entry permits renewed through proper immigration authorities within 6 months of the ratification of this Article.  No renewal of a visa or entry permit can be for longer than five years.   Immigration authorities can extend the 6 month renewal deadline to 12 months if additional time is needed to process applications for illegal immigrants.  The maximum number of illegal immigrants who can have their visas or other entry permits renewed in any given year is 2.5 million, which includes adults and children.  Congress shall have authority to increase the number up to a maximum of 4 million renewals  per year with a 2/3’s approval vote by both Houses of Congress.  Illegal immigrants entering the United States after the date of ratification of this Article shall have no benefit of the provisions in this Article and must be returned to their country of origin. 


Section 6.  The maximum number of renewals of visas or other entry permits illegal immigrants can apply for is three.   Individuals who have violated the terms of their visas or any other entry permit by breaking any felony law of the States or the United States and its possessions or territories will not qualify for amnesty nor will they qualify for an extension of their visa or other entry permit as defined in this Article. 


Section 7.  Individuals who have been granted citizenship or who have been given renewals of their visas, or other entry permits, must learn to speak and write English as a condition of their stay in the United States.  They must also agree to assimilate, as defined by Congress, into the American culture.  Activities on the part of immigrant citizens or any individual who has applied for renewal or their visa or other entry permit, that undermines the authority of the United States Constitution, or that promotes secession  or violence against the government of the States or United States shall invalidate their citizenship or visa or other entry permit.    Other conditions of entry and stay in the United States can be proscribed by Congress. 


Section 8.  Illegal immigrants, including adults and children, who have not met the requirements in this Article must be returned to their countries of origin by immigration authorities. 


Section 9.  Individuals who are born in the United States to parents who are in the United States illegally shall not be automatically granted citizenship.  Citizenship shall be automatically granted to persons born in the United States when at least one of their biological parents is a legal citizen. 


Section 10.  To secure the rights of citizens the provisions of this Article shall govern immigration policies for the United States of America.  Any elected government official who intentionally obstructs the enforcement of the provisions of this Article will have committed an impeachable offense and will be subject to criminal prosecution and upon conviction serve up to five years in prison. Any non elected government official, or an individual who has been appointed to a government position,  who intentionally obstructs the enforcement of the provisions of this Article will have committed a criminal offense and upon conviction serve up to five years in prison.   Non government individuals and/or any private entities that intentionally obstruct the enforcement of this Article will have committed a criminal offense and upon conviction serve up to five years in prison.   The United States Department of Justice shall be charged with the responsibility for prosecuting violators of the provisions of this Article. Individual States shall have authority to prosecute violators under State laws in the absence of Department of Justice prosecution.

Section 11.  The provisions of this Article are enforceable within the United States which shall include the Several States, the District of Columbia, and the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands and the territories and possessions of the United States.


Section 12. This Article shall be immediately part of the United States Constitution upon ratification by three quarters of the State Legislatures in the several States and shall supersede and take precedence over all prior regulations, statutory law and case law relating to immigration policy in the United States. 


Delegate Resolutions Controlling the Single Issue Federal Convention

Article V Analysis From the Articles of Confederation to the Constitution


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