Vetting – Page 92 – immigrationcourtside.com

HAWAII CHALLENGES TRUMP ADMINISTRATION’S RE-IMPLEMENTATION OF TRAVEL BAN — CLAIMS GOV DEFINITIONS VIOLATE SUPREME’S ORDER! — JUDGE WATSON TO DECIDE!

http://www.huffingtonpost.com/entry/travel-ban-hawaii_us_595594eee4b05c37bb7d3390

Mollie Reilly reports for HuffPost:

“Hawaii has filed a challenge to the State Department’s implementation of President Donald Trump’s travel ban, disputing the administration’s guidelines for what relationships to the U.S. are necessary to continue travel to the country.

Hawaii is challenging guidance issued by the State Department on Wednesday that says travelers from the six banned countries must have formal ties or close family relationships with someone or an entity within the U.S. Having familial ties “does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, fiancés, and any other ‘extended’ family members,” the guidance said. (The State Department later said fiancés would, in fact, count as close family.)

In its motion, Hawaii asked a federal judge to clarify that the Trump administration can’t enforce those bans.

“The state of Hawaii is entitled to the enforcement of the injunction that it has successfully defended, in large part, up to the Supreme Court — one that protects the State’s residents and their loved ones from an illegal and unconstitutional Executive Order,” reads the state’s motion.

“In Hawaii, ‘close family’ includes many of the people that the federal government decided on its own to exclude from that definition,” said Hawaii Attorney General Douglas Chin. “Unfortunately, this severely limited definition may be in violation of the Supreme Court ruling.”

Trump signed the executive order, which seeks to ban travel to the U.S. for most nationals of six Muslim-majority countries for 90 days and suspend refugee resettlement for 120 days, in March.

The travel ban went into effect Thursday, three days after the U.S. Supreme Court ruled to partially reinstate a watered-down version of it before the court hears arguments on its constitutionality in October.

In its ruling, the Supreme Court specified that the ban could be implemented with the exception of individuals who have “a credible claim of a bona fide relationship with a person or entity in the United State.” The court, however, did not specify what qualifies as a “bona fide” relationship, thus leaving the matter up to State Department interpretation.

In March, Hawaii became the first state to sue to block Trump’s second attempt at a travel ban, which included citizens of Iran, Libya, Syria, Somalia, Sudan and Yemen, all majority-Muslim countries. In its suit, the state said its universities would be hurt by the ban because they would struggle to recruit faculty and students. It also argued that the ban would have a detrimental effect on tourism, critical to the state’s economy.”

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Stay tuned for the results!

PWS

06-30-17

TRUMP ADMINISTRATION’S NARROW, INSENSITIVE DEFINITION OF “FAMILY” SURE TO PROVOKE NEW ROUND OF TRAVEL BAN LITIGATION! — GRANDPARENTS DISSED!

https://www.washingtonpost.com/world/national-security/travel-ban-to-take-effect-as-state-department-defines-close-family/2017/06/29/03eb8a8e-eba6-4749-9fa2-79117be89884_story.html?hpid=hp_rhp-more-top-stories_no-name%3Ahomepage%2Fstory&utm_term=.703d0cc8aeea

As reported by Carol Morello in the Washington Post:

“A cable sent to consular officials worldwide Wednesday provided a narrow definition of close family: a parent, spouse, child, an adult son or daughter, son-in-law, daughter-in-law or sibling, as well as stepfamily relationships.

However, it explicitly excluded other family relationships: grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, fiances and other “extended” family relations.

. . . .

It was not clear how the State Department came up with its narrow definition of family, which was quickly criticized by some advocates and lawyers.

“Defining close family to exclude grandparents, cousins, and other relatives defies common sense,” said Johnathan Smith, legal director of Muslim Advocates, a civil rights group that plans to send monitors to Dulles Airport Thursday night.

Cornell University Law School professor Stephen Yale-Loehr, who has written volumes of legal books on immigration law, said more than half of all refugees have no close family ties in the United States. Among past refugees who would be barred from entering today, he said, are the Lost Boys of Sudan and children orphaned by famine and war.”

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Wow! These Dudes just can’t help themselves. Mean-spirited, unreasonable administration of immigration and refugee laws is just in their blood.

Of course, as a grandparent 7x over about to connect with all of them over the next several weeks, I’m insulted. And, I’m sure that all the grandparents we know who essentially provide free full or part time child care for the grandchildren so the parents can work are pretty surprised to find out that they have been “booted” from the family unit!

And the Supremes “reward” for cutting Trump some slack — a poke in the eyes with a sharp stick.

Full employment for lawyers!

PWS

06-29-17

READ RAPPAPORT’S LATEST FROM THE HILL: Why The Travel Ban Might Become A “Moot Case!”

http://thehill.com/blogs/pundits-blog/immigration/339825-travel-ban-will-be-moot-before-it-reaches-supreme-court-heres

Nolan writes in The Hill:

“The six travel-ban countries will be subject to the new ban if their governments refuse to cooperate with the new vetting system, or they will not be subject to it if their governments agree to cooperate. In either case, they will no longer be subject to the 90-day travel ban. This will moot the travel ban issues before the court reconvenes to hear arguments on the merits of the case.

The new ban

The original travel ban order was hastily issued one week after Trump’s inauguration without an interagency review. The new one will be based on a worldwide review and interagency input.

According to DHS Secretary John Kelley, in addition to the six countries on the travel ban list, 13 or 14 other countries also have very questionable vetting procedures and not all of them are predominantly Muslim countries.

This ban will depend entirely on a country’s willingness to cooperate with the new vetting system, and it will not apply categorically to every alien from a country with an uncooperative government. It only will apply to appropriate categories of aliens from those countries.

Therefore, it should be easier to defend if it is challenged in court.”

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Go over to The Hill to read Nolan’s complete article.

I agree with Nolan that the temporary Travel Ban is likely to become moot. I think this is actually the result that the six Justices who went along with the Court’s “per curium” opinion would prefer.

I also agree with him that a type of “customized” Travel Ban flowing directly from the results of the Executive study should be easier for the Government to defend.

PWS

06-28-17

WORLDVIEWS IN THE WASHPOST: No Matter How The Legal Case Comes Out, Trump’s Travel Ban Will Stand As An Ugly Blot On America’s Reputation!

https://www.washingtonpost.com/news/worldviews/wp/2017/06/27/trumps-travel-ban-still-doesnt-make-any-sense/?hpid=hp_rhp-more-top-stories_no-name%3Ahomepage%2Fstory&utm_term=.105cc6430610

Ishaan Tharoor writes:

“But whatever the case, it’s important to remember that the travel ban on its face makes very little sense. The two federal appeals courts that ruled against it said separately that Trump’s order was both discriminatory toward Muslims and not necessary for national security, despite the White House’s continued insistence.

“There is no finding that present vetting standards are inadequate, and no finding that absent the improved vetting procedures there likely will be harm to our national interests,” the judges of the 9th Circuit wrote. “These identified reasons do not support the conclusion that the entry of nationals from the six designated countries would be harmful to our national interests.”

Not a single person has died in a terrorist attack on American soil carried out by a citizen from one of the six nations covered by the ban. Since the Refugee Act of 1980 set up a system for vetting refugees to the United States, no person accepted as a refugee has been implicated in a fatal terrorist attack. Critics of the order have also nitpicked in the past about the absence of other “terror-prone” nations in the ban’s purview, such as Pakistan, Afghanistan or even Saudi Arabia, whence 15 of the 9/11 attackers came. And, while Trump voices fear over foreign threats, he has been conspicuously quiet about the scourge of domestic terrorism within the United States.

Mourners at a memorial for the victims of the 2016 Pulse nightclub shooting in Orlando. (Amanda Voisard)
The broader point the ban’s opponents make is that singling out immigrants, tourists and refugees based on their country of origin will do little to keep the United States safe, while badly damaging the nation’s reputation abroad.

“Far from being foreign infiltrators, the large majority of jihadist terrorists in the United States have been American citizens or legal residents. Moreover, while a range of citizenship statuses are represented, every jihadist who conducted a lethal attack inside the United States since 9/11 was a citizen or legal resident,” concluded a recent report by the New America Foundation. “In addition about a quarter of the extremists are converts, further confirming that the challenge cannot be reduced to one of immigration.”

. . . .

The underlying impetus has always been Trump’s desire to make real a campaign promise for some kind of Muslim ban — “a total and complete shutdown of Muslims entering the United States,” as he put it in 2015. Taking into account the statements of both Trump and his allies before and after last year’s election, the 4th Circuit court had ruled that the executive order “in context drips with religious intolerance, animus and discrimination.”

The Supreme Court’s decision on Monday doesn’t strip away the moral validity of the arguments posed by the ban’s critics. And the court’s justices wrote “the relief we grant today” should enable the White House “to conclude its internal work and provide adequate notice to foreign governments within the 90-day life of [the order].” If the Trump administration seeks to extend the ban well beyond the summer, it will be all the more clear that its motives aren’t quite as benign as it claims.”

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Read the complete article at the above link. “We should all be afraid all the time even of things that we have no objective reason to fear.” That’s essentially Trump’s dark, downbeat message on immigration and pretty much everything else. What would FDR think?

PWS

06-28-17

NBA SUPERSTAR STEPH CURRY JOINS LIN-MANUEL MIRANDA’S PRO IMMIGRATION CAMPAIGN!

http://www.vibe.com/2017/06/steph-ayesha-curry-lin-manuel-ham4all/

VIBE reports:

Lin-Manuel Miranda early this morning announced his latest and most important contest yet: the #Ham4All challenge in support of Immigrants: We Get the Job Done Coalition.

“Hamilton has crisscrossed the country—New York, Chicago, San Francisco. Next stop…Los Angeles!” wrote the playwright in an open letter. “I’m thrilled to be back again with another great Hamilton experience, this time benefiting a cause that’s not only at the heart of Hamilton but particularly close to me—immigration. I’m raising money for the Immigrants: We Get the Job Done Coalition, which is comprised of 12 amazing organizations.”

READ: Lin-Manuel Miranda To Be Inducted In The Hollywood Walk Of Fame

Shortly after making the announcement, Golden State Warrior and NBA champion Stephen Curry and his wifey-in-crime Ayesha Curry entered the challenge, making a donation of their own—performing their favorite Hamilton track and throwing down the gauntlet to the next celebrity, in one fell swoop.

“We all feel strongly about supporting these important organizations fighting to protect immigrants, refugees, and asylum seekers who want to make a better life for themselves and their families,” the couple captioned on Instagram, urging Olivia Munn and Dwayne “The Rock” Johnson to join the fight. “The grand prize winner will join us and Lin-Manuel at the LA opening on August 16th. We think that this will be the biggest Hamilton sweepstakes yet, but we need your help…”

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Read the complete story and get links to more information about the “Immigrants: We Get The Job Done Coalition” at the above link. Compare Miranda’s positive, upbeat message about immigration with the steady stream of fear-mongering, xenophobia, implicit racism, and, let’s face it, outright lies about migrants coming from the Trump Administration.

PWS

06-28-17

NO CHAOS: Matt Zapotosky Summarizes Supreme’s Travel Ban Decision — Former DOJ Immigration Litigator Leon Fresco Says Case Likely To Resolve Itself Before Argument In Fall!

https://www.washingtonpost.com/world/national-security/what-the-supreme-courts-travel-ban-ruling-means/2017/06/26/5e86e1cc-5a7e-11e7-9fc6-c7ef4bc58d13_story.html?utm_term=.13c35f5c2033

Zapotosky writes in the WashPost:

“The Supreme Court’s decision to allow portions of President Trump’s travel ban to take effect is a win for the administration, but the impact will be far less severe than President Trump’s initial version of the measure.

That is because the high court effectively allowed Trump to ban from coming to the United States only citizens of six majority-Muslim countries “who lack any bona fide relationship with a person or entity in the United States.” It also nudged the president to complete his promised review of vetting procedures, which might mean the issue is resolved by the time the court is set to fully consider the ban in its October term.

For now, if you are not a U.S. citizen and have a relative here, have been hired by a U.S. employer or admitted to an American university, you can still probably get a visa. But if you’re applying cold as a visitor or through the diversity visa program, you probably can’t.

. . . .

The Supreme Court wrote that the government now should be able to do its work. “We fully expect that the relief we grant today will permit the Executive to conclude its internal work and provide adequate notice to foreign governments within the 90-day life of [the order],” the justices wrote.

The court said it would take up the travel ban fully in its October term; their ruling Monday only partially lifted lower courts’ stays on the measure. By that time, the 90-day period will have run, and Fresco said the administration will be pressed to come up with good reasons for imposing a ban.

“If there is not an answer to the question on the first day of oral arguments about why this ban is still in place, that is going to make the court much more skeptical about the government’s reasons for having this ban,” Fresco said.”

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Read the complete analysis at the link.

According to this analysis, the six Justices in the majority apparently have skillfully maneuvered the Trump Administration into a “put up or shut up” situation. They have alleviated the greatest hardships caused by the ban by allowing individuals with bona fide connections to the U.S. to continue to come. At the same time, they have pressured the Trump Administration into completing its “study” before Fall and lifting the “temporary ban,” thus largely mooting the case. As Fresco points out, if the Administration attempts to continue the ban after its scheduled expiration, they will likely have to come up with a much more convincing explanation that they have provided to date. Otherwise, the whole thing is going to look like a “pretext” for a blanket “Muslim ban,” which is what the plaintiffs have been arguing all along. Actually, sounds to me like the kind of practical solution that Chief Justice Roberts sometimes devises to avoid ugly showdowns between the three branches of Government. Interesting.

PWS

06-26-17

BREAKING: SUPREMES GRANT CERT., ALLOW TRUMP’S TRAVEL BAN TO GO INTO EFFECT — WITH IMPORTANT EXCEPTIONS — CASE DOCKETED FOR OCT. — MIGHT BE “MOOT” BY THEN!

Here’s the Court’s complete “per curiam” (unsigned) opinion with separate concurring and dissenting opinion by Justices Thomas, Gorsuch, & Alito:

SCTravelBan16-1436_l6hc

The Supreme Court handed the Trump Administration at least a partial victory on the controversial “Travel Ban 2.0” which had been enjoined by the Ninth and Fourth U.S. Circuit Courts of Appeals. The Court: 1) granted the petitions for certiorari filed by the Solicitor General in behalf of the Trump Administration and scheduled the case for Oral Argument at the beginning of the October 2017 Term; and 2) granted in part the Solicitor General’s request to stay the lower courts’ injunctions pending review.

However, in partially lifting the injunctions, the Court left in effect a significant part of those injunctions: the Travel Ban may not be applied to a) “foreign nationals who have a [pre-existing] credible claim of a bona fide relationship with a person or entity in the United States,” and b) “an individual seeking admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States.”

The dissent would have stayed all parts of the lower courts’ injunctions. Justice Thomas, joined by Justices Alito and Gorsuch, criticized the majority for having cerated a non-statutory category of individuals who can “credibly claim a bona fide relationship with a person or entity in the United States.” He fears that the meaning of these exceptions will itself become a fertile ground of additional litigation before the Court can resolve the merits of these cases.

Additionally, the Court noted that since the bar on internal review of procedures relating to visa issuance was lifted on June 14, 2017, and the Government has represented that the review will be completed within 90 days, the case with respect to visa issuance to non-refugees might well be moot before the Court can get to the merits. The court instructs the parties to brief that issue.

“Quickie Analysis”

The Trump Administration can legitimately view this as a much-needed (from their standpoint) victory. All nine Justices appear to be prepared to rule that the Executive has virtually unbridled authority to bar the admission, at least temporarily, of foreign nationals with no connections to the United States.

It also appears that Justices Thomas, Gorsuch, and Alito would find that the Executive’s essentially unreviewable authority extends even to individuals who have a connection with the United States.

However, those challenging the Travel Ban have some reason to hope because at least six Justices seem to remain open to the possibility of engaging in some type of meaningful judicial review of Executive decisions regarding foreign nationals abroad who have established some connections to the U.S.

There may also be mootness issues with respect to some or all of the injunction with respect to refugee admissions. The new fiscal year for refugee admissions begins on October 1, 2017, before the Court will have heard argument in these cases. Before the beginning of the fiscal year, the Trump Administration must under the Refugee Act of 1980 “consult” with Congress on the number and allocation of refugee admissions for fiscal year 2018. “Statutory consultation” was one of the things that the Trump Administration neglected to do before purporting to suspend refugee admissions and dramatically slash the number of fiscal year 2017 refugee admissions established by the Obama Administration after undertaking the required statutory consultation.

The lack of any reasonable rationale by the Trump Administration for reversing the prior statutory determination made by the the Obama Administration after consultation with Congress was cited by the Ninth Circuit in upholding the original injunction. But, that issue should also be moot before the Court decides theses cases on the merits.

PWS

06-26-17

NOLAN HITS 100! — “Ninth Circuit gives green light for much larger travel ban” in THE HILL is Rappaport’s 100th Published Article! — Read It Here!

http://thehill.com/blogs/pundits-blog/immigration/339300-ninth-circuit-gives-green-light-for-much-larger-travel-ban?amp

Nolan writes:

“The Ninth Circuit Court of Appeals has issued a new decision on President Donald Trump’s March 6 Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”

The court affirmed the portions of the district court injunction that apply to the 90-day, six-country travel ban, but it vacated the portions of the injunction that relate to the government doing an internal review of its vetting procedures, which could lead to a much larger ban based on a different criterion.

. . . .

Where this is headed

Unlike the travel ban, which, notwithstanding pessimistic claims to the contrary, is just a 90-day suspension, the new ban will apply to uncooperative governments until they agree to cooperate, which in some cases will never happen. What’s more, it almost certainly will apply to more than six countries. According to DHS Secretary John Kelley, in addition to the six countries on the travel ban list, 13 or 14 other countries also have very questionable vetting procedures.”

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Read Nolan’s complete article in The Hill at the link.

Congratulations, Nolan, on reaching then”century mark!” You are prolific. Just from putting together this blog, I can appreciate all of the hours of reaearch, writing, and interviews that 100 published articles represents. And, unlike you, I don’t even have to deal with an editor (although my wife Cathy points out that I could use one).

Here’s a link to a list of all 100 of Nolan’s published articles:

Article List

Congrats, again, Nolan! Looking forward to the “next 100.”

PWS

06-26-17

Immigrants Bridge The Gap With Local Communities — “The Haters Are Always Wrong, And The Haters Will Eventually Lose.”

https://www.washingtonpost.com/opinions/working-to-build-bridges-between-immigrants-and-their-new-communities/2017/06/23/03c1bb1a-4d2a-11e7-a186-60c031eab644_story.html?utm_term=.2bcde1762b2f

Steven V. Roberts writes in a WashPost op-ed:

“These are all good examples that will, hopefully, ease the “cultural anxiety” Noorani writes about. But he shies away from discussing a key dimension of Trump’s appeal: racism. “A significant portion of the American electorate felt their country had been taken away,” he writes, but he doesn’t complete the thought. Taken away by whom? Let’s be honest. Many of those voters believe that their country has been overrun by dark-skinned, foreign-language-speaking aliens.

While it is wildly unfair to call all Trump supporters racists, it is equally inaccurate to ignore that the president deliberately inflamed racist impulses to win the election.

Moreover, Noorani lacks a larger perspective. Trump is a very American figure. Anti-immigrant fears didn’t start with globalization and weren’t “triggered” by the election of Barack Obama. Throughout our history, spasms of nativist hostility have erupted against each new group arriving on our shores: Germans and Jews, Irish and Italians, Japanese and Chinese.

Hispanics and Muslims are now the objects of this animosity, and the language directed against them is the same that’s been used to demonize newcomers for more than two centuries: This group will degrade our culture and alter our identity. But today’s targets can take comfort from the clear lessons of history.

Immigrants do change our culture — for the better. They reenergize and revitalize our civic spirit. The haters are always wrong, and the haters will eventually lose. Tiwana and Noorani himself prove that truth.

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Read the entire op-ed at the link.

Trump and his supporters might be on the right side of the political equation at this point in time, but they are squarely on the wrong side of history. Before joining up with the Trump Team, folks ought to think about being remembered by their grandchildren and great grandchildren in the same way that we think about such notorious racists as Alabama Governor George Wallace, Georgia Governor Lester “Pickax” Maddox, and Arkansas Governor Orvil Faubis, or those who engineered and championed such abominations as the Chinese Exclusion Act.

Even iconic American historical figures like President Woodrow Wilson and Gen. Robert E. Lee have recently had their racism and support for racist causes eventually catch up with them and tarnish their reputations. In the long run, the cause of intolerance, fear, and bias promoted by Trump, Pence, and today’s GOP will look pretty bad. Yeah, we’ll all be gone by then. But, our descendants and history will remember where we stood.

PWS

06-25-17

LOONY LAW: Absurdly Overbroad “Terrorist” Definition Punishes Our Friends And Comforts REAL Terrorists — Led By GOP, Legislators Shirk Duty To Restore Reason To Law!

https://www.nytimes.com/2017/06/23/world/middleeast/immigration-asylum-syria-terrorism.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news&_r=0

Somini Sengupta reports in the NY Times:

“A prominent Syrian dissident has been told he cannot get political asylum in the United States because he organized a conference with Syrian opposition groups — even though the American government has supported members of those same groups in the Syrian civil war.

The case of the dissident, Radwan Ziadeh, 41, who lives in a suburb of Washington, reveals a stark gap between American immigration law and foreign policy.

Ever since counterterrorism provisions were expanded after the Sept. 11 attacks, the United States government has considered many armed opposition groups around the world, including some that it backs diplomatically or financially, to be “undesignated terrorist organizations.” Anyone who provides “material support” to those groups can be disqualified from receiving immigration papers.

Mr. Ziadeh is a prominent political opponent of the Syrian president, Bashar al-Assad. He has received fellowships at Harvard, Georgetown and the United States Institute of Peace, which is funded by Congress. He has testified in Congress, written books and served briefly as a spokesman for the Syrian opposition umbrella group that the American government supported.

But early this month, Mr. Ziadeh was informed that he would be denied political asylum in the United States. In a 12-page letter laying out the government’s “intent to deny” his asylum claim, Citizenship and Immigration Services explained that he had provided “material support” to Syrian groups that the government considered undesignated terrorist organizations.

Mr. Ziadeh said he was shocked. He and his wife have lived in the United States for 10 years on a series of temporary permits, the latest of which expires next spring. Their children were born here.

“Right now, I can’t even plan for the future,” he said. “What will happen? I have three American kids. I love, actually, the U.S. I visited all 50 states, even U.S. territories. I visited all the presidential libraries.”

Going back to Syria is not an option. The government there has a warrant out for his arrest; the Islamic State has him on a list of Syrians it wants dead.

At issue, specifically, is that Mr. Ziadeh organized a series of conferences from November 2012 to May 2013 to discuss a democratic transition in Syria.

Among those invited to the workshops, held in Istanbul, were self-described commanders in a loose confederation of rebel groups called the Free Syrian Army, as well as political leaders affiliated with the Syrian Muslim Brotherhood.

Both groups are well known to the American government. For years, the Central Intelligence Agency and its counterparts in Turkey, Jordan, Saudi Arabia and other countries have provided some Free Syrian Army factions with salaries, arms and other supplies. The State Department has also provided aid.

The Syrian Muslim Brotherhood’s members also had central roles in the Syrian National Council, the political umbrella group that the United States supported.

Robert S. Ford, a former American ambassador to Syria, said in an email that the American government did not consider either of the groups that Mr. Ziadeh invited to the workshops to be a terrorist organization.

The Syrian Muslim Brotherhood, Mr. Ford added, has no “administrative connection” to Muslim Brotherhood factions in other countries. (President Trump’s advisers have debated but not decided whether to designate the Muslim Brotherhood as a terrorist group.)

Moreover, Mr. Ford said, both Hillary Clinton and John Kerry, as secretaries of state, met with opposition delegations that included Brotherhood members.

“The U.S. administration, myself included, regularly spoke with members of the Syrian Muslim Brotherhood who were themselves members of Syrian opposition coalitions and delegations,” he wrote.

In its letter to Mr. Ziadeh, Citizenship and Immigration Services said he had provided “material support” to members of the groups when his organization, the Syrian Center for Political and Strategic Studies, paid for their airfare and hotel bills in Istanbul, using money from the Canadian government.

“As both the FSA and the Syrian Muslim Brotherhood used weapons with the intent to endanger the safety of Syrian government officials, both groups have engaged in terrorist activity such that they met the definition of an undesignated terrorist organization (Tier III) at the time you provided material support,” the letter states.

“You have therefore ‘engaged in terrorist activity,’” it went on to say.

Mr. Ziadeh is appealing the government’s decision.

His lawyer, Steven H. Schulman, said that inviting members of opposition groups to a conference to discuss the political future of Syria should not be seen as promoting the groups’ agendas or providing them with material support.

“I find it offensive, because no reasonable person would sit down and say Radwan Ziadeh is a terrorist,” Mr. Schulman said. “There are real terrorists out there. We all know that. Somehow, we are unable to distinguish between people who actually engage in terrorist activity and who do not engage in terrorist activity.”

The label “undesignated terrorist organization” has been in place since the aftermath of the Sept. 11 terrorist attacks. Many organizations that have engaged in violence, whether or not the United States supported them, have fallen under that term, said Anwen Hughes, a lawyer who specializes in asylum cases at Human Rights First, an advocacy group.

Providing “material support” to those groups can mean anything from fighting alongside them to paying them ransom. In 2008, an Iraqi man who worked as an interpreter for American forces in Iraq was denied a green card because he had belonged to a Kurdish group seeking to oust Saddam Hussein.

Ms. Hughes said one of her former clients had been denied asylum because he paid a ransom to an armed group in order to release a kidnapped family member. “It’s a fairly widespread problem that’s not limited to Syrians,” she said.”

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Read the complete story at the link.

Unfortunately, U.S. Immigration Judges’ hands are tied on this provision. Not only must they apply it, but they have been denied authority to issue the limited waivers available. Instead, that authority has been given to lower level adjudicators at the USCIS with no right to appeal a denial. In fact, there isn’t even a process to actually apply for the waiver. Only ICE can “refer” a case from Immigration Court to USCIS for consideration of the waiver.

Article III Courts have had various opportunities to shut down this “arbitrary, capricious, and absurdly overbroad” abuse of Legislative and Executive authority. But, perhaps because they lack the backbone to stand up for individuals caught up in the aura of a “national security” problem, they have looked the other way.

To make things worse, the Trump Administration appears to be moving in the direction of revoking all or some of the currently existing waiver authority. No wonder our foreign policies in Syria and many other countries in the Middle East and elsewhere are so ineffective and in such disarray. Who would offer to help to a feckless country that treats its friends and allies like enemies?

PWS

06-23-17

DREAM ON: Cornell Duo Says America Needs More Refugees To Be Really Great — They’re Right, Of Course, But Truth Is Irrelevant In The “Parallel Universe” of Trump’s America!

http://www.lawschool.cornell.edu/spotlights/Make-America-Great-Again-Admit-More-Refugees-to-the-US.cfm

Professor Stephen Yale-Loehr and Aaron El Sabrout write in honor of World Refugee Day (June 20):

“Today is World Refugee Day, a day to commemorate the strength, perseverance, and courage of displaced people around the world. Over 65 million people worldwide are forcibly displaced from their homes, the highest number since World War II. Turkey alone has accepted nearly 3 millionrefugees from Syria.

In our current political climate, some consider refugees a security threat and a drain on national resources. But America benefits economically, socially, and morally by accepting more refugees.

A new study by the National Bureau of Economic Research shows that after six years in the United States, refugees work at higher rates than citizens. A similar 2016 study by the Tent Foundationfound that refugees fill gaps in the labor market, work harder to learn skills and languages than economic migrants, and have a “dynamic” impact on growth.

The myth that refugees drain a nation’s economic resources is false. Yes, refugees initially require a substantial resettlement cost (approximately $15,000), and often initially need welfare services. However, after eight years in the United States, refugees receive welfare at the same rate as U.S. citizens with similar education and language skills. Over a 20-year period, refugees in the U.S. pay an average of $21,000 more in taxes than the initial cost of resettling them. In fact, a study by Texas A&M professor Kalena Cortes shows that over time, refugees tend to out-earn other immigrants and add more value to the economy than the initial cost of resettling them. For example, Vietnamese-Americans, many of whom arrived as refugees, tend to be more financially stable and more employed than the average American, and therefore less likely to need welfare benefits.

Refugees play a key role in creating new jobs and raising overall wages. This is in part because they are more likely than other groups to open small businesses, creating new jobs rather than taking old ones. For example, refugees were a major factor in stabilizing the economy of Utica, NY, because they filled important gaps in the labor force and created greater economic demand for goods.Even when refugees do low-skilled work, they do not displace American workers. A study by scientists at the University of California, Davis and the University of Copenhagen found that an influx of low-wage immigrant labor tends to raise wages for everyone.

Refugees also contribute tremendously to innovation and growth. Examples of famous refugees or children of refugees who have advanced U.S. culture and knowledge include Marc Chagall, Gloria Estefan, Madeleine Albright, Henry Kissinger, Enrico Fermi, Steve Jobs, and Albert Einstein.

That history is in jeopardy. President Trump issued an executive order in March slashing refugee admissions from 110,000 to 50,000 this year and temporarily suspends all refugee admissions. That order, which federal courts have temporarily blocked, insults our history and our legacy. We have a precedent of being welcoming and gracious. That precedent is not just rooted in altruism; accepting refugees is good for America. It’s time to step up and embrace our history of welcoming people fleeing persecution around the world. As a country, we have an economic and moral imperative to be what we once promised we would be: a refuge for the world’s huddled masses, yearning to breathe free.”

______

Stephen Yale-Loehr is Professor of Immigration Law Practice at Cornell Law School, where he co-directs an asylum clinic. Aaron El Sabrout is a law student at Cornell Law School.

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Sorry, Steve & Aaron. Truth, values, morality, and simple human decency play no role in this debate. Refugees are foreigners, many with different religions, other cultures, other languages, and non-white skins (we wouldn’t seriously be having this debate if all refugees were white, English speaking, Christians from, say, Australia, Canada, the UK, and New Zealand). So in the world of Trump, his Xenophobic (and sometimes also racist) followers, and their GOP “fellow travelers” that’s all you need to know.

It’s not really about making America Great or keeping us safe; it’s about building political power by stoking xenophobia and unjustified resentment. And, the target is by no means just refugees and other migrants. No, it’s also about ginning up resentment against American citizens of Hispanic, Black, Arabic, and to some extent Asian American descent. Not coincidentally, these ethnic groups often are thought to vote more for Democrats than the GOP.

Happy Refugee Day!

PWS

06-22-17

WSJ: After 9th Circuit Modifies Injunction, DHS Resumes Review Of Visa Vetting Procedures!

https://www.wsj.com/articles/trump-administration-resuming-global-vetting-review-after-courts-green-light-1497996819

Laura Meckler reports in the WSJ:

“WASHINGTON—President Donald Trump’s travel ban remains on hold due to court rulings, but his administration is resuming a global review of nations that may lead to far more sweeping travel restrictions.

The travel ban aims to stop people from six Muslim-majority countries from coming to the U.S., based on what the White House says are security concerns. The global review will examine every other country to determine whether any should be added to the list. The goal is to compel nations to cooperate more fully with U.S. efforts to vet their citizens, officials say.

The global review was ordered along with the travel ban, and for months, both had been kept on hold by a federal judge in Hawaii. But last week, an appeals court said the administration should be allowed to resume the study, and on Monday night, the court put its ruling into effect.

Now the Department of Homeland Security says it is moving forward.

“The ruling by the 9th Circuit Court of Appeals finally allows DHS to resume the important work of reviewing the information provided by all countries on their citizens who desire to travel to the United States, to ensure the applicant doesn’t present a security or public safety threat to the U.S.,” said DHS spokesman Dave Lapan. “DHS will undertake a full review of the vetting requirements worldwide in the expectation of raising the global security bar to better protect our nation.”

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Read the complete article at the link.

Thanks to Nolan Rappaport for bringing this to my attention.

PWS

06-21-17

NEW FROM THE HILL: Nolan Rappaport Critiques Canada’s Refugee Stance!

http://thehill.com/blogs/pundits-blog/immigration/338561-trudeau-tweets-not-the-answer-to-canadas-refugee-issues?mobile_switch=standard

Nolan writes:

“The day after President Donald Trump issued his first travel ban order, Canadian Prime Minister Justin Trudeau tweeted a message to aliens “fleeing persecution, terror & war.” In addition to the inappropriateness of accusing the president of the United States of religious discrimination, his tweet made a promise that Canada will not be able to keep.

His tweet was an unqualified invitation to the 65.6 million aliens worldwide who have been displaced from their countries by conflict and persecution. Canada almost certainly will have to turn away many of the aliens who accept the invitation and come to Canada relying on it.

Some will be disqualified by Canada’s Safe Third Country Agreement with the United States, which requires asylum seekers to apply for asylum in the United States if they enter that country before entering Canada, with some exceptions.

Also, his invitation includes aliens who are fleeing terror and war, and despite their very real need for refuge, they are not likely to be able to establish eligibility for refugee status or asylum on that basis. According to UNHCR figures, only 22.5 million of the 65.6 million displaced persons are refugees.

Trudeau’s tweet reminds me of President Jimmy Carter’s invitation to Cuban refugees when he was asked what the government was going to do about the Mariel Boat Lift. On April 20, 1980, Cuban President Fidel Castro announced that he would permit Cubans wishing to leave Cuba to go to the United States. Two weeks later, Carter said that the United States would “welcome the Cuban refugees with open arms and open hearts.”

But the boat lift was not limited to refugees. Castro forced the boat owners who participated in the boat lift to take approximately 8,000 criminals and hundreds of mentally-ill persons. The boat lift was a financial disaster for the ship owners. Despite Carter’s promise to welcome the Cuban refugees, his administration fined the boat owners $1,000 for each of the estimated 110,000 Mariel refugees they brought here in violation of section 273 of the Immigration and Nationality Act.”

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Read Nolan’s complete op-ed, which also contains a description of Canada’s Refugee Program, over on The Hill at the above link.

Several thoughts. Most of the world’s refugees have no way of getting to Canada. Many victims of war an terror are, in fact, refugees under a proper application of Convention standards. Our “Safe Third Country Agreement” with Canada has very limited applicability. Also, regardless of the wisdom of accusing President Trump of religious discrimination, nearly all Federal Courts to consider the two Travel Bans to date have found that the President indeed had improper motives for imposing the ban, including religious discrimination.

Given Trump’s highly problematic attitude and actions towards refugees, I’d be hesitant to throw too many stones at other nations who are at least trying to show the spirit of generosity embodied in the U.N. Convention and Protocol. Wise or not, Trudeau’s heart is in the right place. That’s more than I can say for Trump.

PWS

06-20-17

THE HILL: Professor Andy Schoenholtz Of Georgetown Law On Why Americans Should Be Grateful To The 9th Circuit For Upholding The Rule Of Law Against Executive Overreach!

http://thehill.com/blogs/pundits-blog/civil-rights/337955-9th-circuit-on-travel-ban-president-must-respect-congress

Professor Schoenholtz concludes:

“In fact, had the president focused on asking America’s civil servants to build on the progress achieved since 9/11 and try to find new ways of identifying security threats among those who seek visas, that work would have been accomplished by now, according to the schedule set by both the first and second EO’s.

If the Supreme Court decides at some point to hear a case regarding the EO, they will now be asked to consider not only whether the President has violated the Establishment Clause but also whether he has exceeded his statutory authority. As determined by the Supreme Court in the late nineteenth century, Congress has the constitutional authority to establish the immigration laws.

It has done just that by statute. The president has broad authority to implement that statutory system, but does the president have the power to stop admitting immigrants from six countries? From sixty? From all countries? Where does this end, and where would that leave Congress and the equilibrium established by the Constitution? We should thank the Ninth Circuit for raising that issue clearly and thoughtfully.

Andrew I. Schoenholtz is a Professor from Practice at Georgetown Law and the author, with Professors Jaya Ramji-Nogales and Philip G. Schrag, of “Lives in the Balance: Asylum Adjudication by the Department of Homeland Security.”

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Read Andy’s entire analysis at the link.

I’m still somewhat skeptical that the Supremes will take this case given the problems caused by the President’s out of court statements and tweets. Future Chief Executives likely will be more “Presidential” and act with more prudence and thoughtfulness. So, why take a case that hopefully will turn out to be more or less “sui generus?” If I were the Supremes, I would let the lower courts sort through this mess and make a complete record before approaching the legal questions. But, we’ll see. Very soon!

PWS

06-19-17

REFUGEES ADJUST QUICKLY TO U.S. — PAY MORE IN TAXES THAN BENEFITS AFTER JUST EIGHT YEARS — New Study Debunks Trump’s Anti-Refugee Rhetoric!

https://www.washingtonpost.com/news/wonk/wp/2017/06/13/refugees-give-more-money-to-the-government-than-the-government-gives-to-them-study-says/?utm_term=.b120dcea381b

Tracy Jan writes in the Washington Post’s Wonkblog:

“Refugees have been at the center of a political maelstrom, accused of everything from terrorism to being a drain on taxpayers — prompting President Trump, in one of his first official acts, to suspend the country’s four-decade old refugee resettlement program.

But a new study shows that refugees end up paying more in taxes than they receive in welfare benefits after just eight years of living in this country.

By the time refugees who entered the U.S. as adults have been here for 20 years, they will have paid, on average, $21,000 more in taxes to all levels of government than they received in benefits over that time span, according to a working paper released Monday by the National Bureau of Economic Research that examined the economic and social outcomes of refugees in the U.S.

“There was a lot of rhetoric saying these people cost too much, but we didn’t actually know what that number was,” said William N. Evans, an economist at the University of Notre Dame who co-authored the paper.

Trump, in his January executive order temporarily barring refugees from entering the country, had directed the State Department to study the long-term costs of the refugee admissions program to federal, state and local governments.”

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Read the complete story at the link.

Trump’s immigration policies usually are not based on facts. He uses anti-immigrant anecdotes (some fabricated or exaggerated) along with policy statements straight out of the Bannon, Miller, Sessions, Kobach White Nationalist playbook to “whip up his base” and promote xenophobia.

PWS

06-14-17

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