@陈士杰 #153818 not so fast
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1424
美国法典第八章第1424节：
§1424. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government
(a) Notwithstanding the provisions of section 405(b) of this Act, no person shall hereafter be naturalized as a citizen of the United States-
(1) who advocates or teaches, or who is a member of or affiliated with any organization that advocates or teaches, opposition to all organized government; or
(2) who is a member of or affiliated with (A) the Communist Party of the United States; (B) any other totalitarian party of the United States; (C) the Communist Political Association; (D) the Communist or other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state; (E) any section, subsidiary, branch, affiliate, or subdivision of any such association or party; or (F) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt, unless such alien establishes that he did not have knowledge or reason to believe at the time he became a member of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organization was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist-front organization; or
(3) who, although not within any of the other provisions of this section, advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, or who is a member of or affiliated with any organization that advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterances or through any written or printed publications issued or published by or with the permission or consent of or under authority of such organization or paid for by the funds of such organization; or
(4) who advocates or teaches or who is a member of or affiliated with any organization that advocates or teaches (A) the overthrow by force or violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or
(5) who writes or publishes or causes to be written or published, or who knowingly circulates, distributes, prints, or displays, or knowingly causes to be circulated, distributed, printed, published, or displayed, or who knowingly has in his possession for the purpose of circulation, publication, distribution, or display, any written or printed matter, advocating or teaching opposition to all organized government, or advocating (A) the overthrow by force, violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or (E) the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship; or
(6) who is a member of or affiliated with any organization that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subparagraph (5) of this subsection.
(b) The provisions of this section or of any other section of this chapter shall not be construed as declaring that any of the organizations referred to in this section or in any other section of this chapter do not advocate the overthrow of the Government of the United States by force, violence, or other unconstitutional means.
(c) The provisions of this section shall be applicable to any applicant for naturalization who at any time within a period of ten years immediately preceding the filing of the application for naturalization or after such filing and before taking the final oath of citizenship is, or has been found to be within any of the classes enumerated within this section, notwithstanding that at the time the application is filed he may not be included within such classes.
(d) Any person who is within any of the classes described in subsection (a) solely because of past membership in, or past affiliation with, a party or organization may be naturalized without regard to the provisions of subsection (c) if such person establishes that such membership or affiliation is or was involuntary, or occurred and terminated prior to the attainment by such alien of the age of sixteen years, or that such membership or affiliation is or was by operation of law, or was for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes.
(e) A person may be naturalized under this subchapter without regard to the prohibitions in subsections (a)(2) and (c) of this section if the person-
(1) is otherwise eligible for naturalization;
(2) is within the class described in subsection (a)(2) solely because of past membership in, or past affiliation with, a party or organization described in that subsection;
(3) does not fall within any other of the classes described in that subsection; and
(4) is determined by the Director of Central Intelligence, in consultation with the Secretary of Defense when Department of Defense activities are relevant to the determination, and with the concurrence of the Attorney General and the Secretary of Homeland Security, to have made a contribution to the national security or to the national intelligence mission of the United States.
表面上看，中共党员是不能入籍的，因为中共是共产主义极权主义政党--见(a)(2)，所以中共党员是不允许入籍的，但是注意(d)"or that such membership or affiliation is or was by operation of law, or was for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes."也就是说，习近平如果申请归化美国，他可以说，如果我不是共产党员，我就不能当总书记和国家主席，军委主席，因此加入中共对我的工作是essential的，所以我申请exemption. 虽然在中华人民共和国，不入共产党并不会饿死，但是很多工作岗位和机会是没有的。也就是说，只要有这些强制性要求（比如行政岗位要求党员，甚至只是党员优先），都可以成为豁免的理由。
这里立法的精神是什么呢？当年有很多国际社会主义者，共产主义者，无政府主义者大量移民美国（一战后first red scare，二战后second red scare)，所以这里所要抓的是“志愿加入共产党，无政府主义运动，激进社会主义运动”的人士，比如英国共产党，印度共产党，日本共产党等等的成员。如果他们认为自己是被胁迫入党，或者后来政治观念发生改变，可以宣布退党（当然这个有十年的Bar)。如果是印度毛派，哥伦比亚FARC,秘鲁光辉道路控制地区的人移民美国，可以宣称自己是被胁迫，从而也可以豁免。不能豁免的情况，得由美国安全部门认定为人权侵犯者，比如中共计生干部，新疆再教育营干部，抓法轮功的学习班和反邪教办公室干部，苏联克格勃干部，古拉格管理人员等等。或者是从事武装恐怖活动和资助武装恐怖活动，比如阿富汗塔利班，伊朗伊斯兰革命卫队，中国北方工业集团，北京航空航天大学，北京理工大学等等。而且既然是美国的国家安全部门干预，自然对于叛逃或者收编的敌对势力成员，也是网开一面，参考回形针(Operation Paperclip).
然后是言论问题，(a)(3-6)都是所谓“非美言论”，但是要注意要点：这里列出的是主张在美国建立极权主义政体，主张非法武装暴力颠覆或者违背美国宪法的方式夺取美国的政权。因此鼓吹中共好，辱骂贬低美国制度，是不符合上述条件的。因为“非美言论”必须是非法夺取或者推翻美国政府的言论。号召人民起义，进行破坏暗杀等等。由于海外五毛基本上属于歌颂中共贬低美帝的言论，因此不满足非美言论条件。
综上所述，五毛们的入籍归化没有有效的法律手段制约。
