A number of states have recently\namended their laws to \u201cde-criminalize\u201d the possession and distribution of\nmarijuana. <\/p>\n\n\n\n
As FAIR<\/a> has noted, many open borders advocates have argued that aliens with state cannabis convictions should no longer be subject to deportation. According to the open borders contingent, deporting aliens with marijuana convictions in states that have \u201clegalized\u201d cannabis, \u201cis but the latest hard-line stance<\/a> taken toward immigrants and immigration by the Trump administration.\u201d<\/p>\n\n\n\n That\u2019s an interesting claim, because, according to the Los Angeles Times<\/a><\/em>, the resoundingly liberal<\/a> Ninth Circuit Court of Appeals recently held<\/a> that, \u201cCalifornia\u2019s legalization of marijuana doesn\u2019t protect immigrants from deportation if they were convicted of pot crimes before voters approved the new law in 2016.\u201d<\/p>\n\n\n\n As KTLA-5<\/a>summarized the court\u2019s holding, \u201cfederal immigration law does not recognize the state\u2019s decision to reclassify a valid conviction.\u201d That\u2019s because cannabis is still a controlled substance under federal law. And federal law is applicable in all 50 states and all U.S. territories. <\/p>\n\n\n\n Despite misleading reports in the\npopular press, marijuana has not actually been legalized in a California, or\nany of the other states claiming to have legalized it. Yes, some jurisdictions\nhave removed the possession and distribution of cannabis from their local\ncriminal codes. However, while individuals may no longer be subject to state\nprosecution for having or selling marijuana, they continue to be subject to\nfederal prosecution. <\/p>\n\n\n\n In fact, pursuant to Article VI, Paragraph 2 of the U.S. Constitution, known as the Supremacy Clause<\/a>, federal law takes precedence over state laws. So, contrary to popular opinion, the possession and distribution of marijuana remains a criminal offense everywhere in the United States. And the Immigration and Nationality Act (INA) explicitly denies immigration benefits to foreign nationals who possess or traffic in illicit drugs. <\/p>\n\n\n\n Therefore, any alien who has a valid conviction for the possession or sale of marijuana is subject to removal from the United States. That\u2019s why lawfully present immigrants working in marijuana dispensaries that are \u201clegal\u201d under state law have been denied citizenship<\/a> and have been deported<\/a>.<\/p>\n\n\n\n The claims that this is somehow unfair (and \u201cracist<\/a>\u201d) are utterly specious:<\/p>\n\n\n\n While there is no national\nconsensus about whether we should legalize weed, there is<\/em> a clear consensus about immigration law \u2013 Americans want\nthe INA enforced, as written. So, until such time as U.S. citizens prevail upon\nCongress to change federal pot laws, marijuana use and the cannabis industry\nremain off-limits to foreign nationals who want to keep their visas or become\ncitizens.<\/p>\n","protected":false},"excerpt":{"rendered":" A number of states have recently amended their laws to \u201cde-criminalize\u201d the possession and distribution of marijuana. As FAIR has noted, many open borders advocates have argued that aliens with state cannabis convictions should no longer be subject to deportation. According to the open borders contingent, deporting aliens with marijuana convictions in states that have<\/p>\n