Posted tagged ‘“Extreme vetting”’

Homeland Security Uncovers Massive Immigration Failures

October 9, 2017

Homeland Security Uncovers Massive Immigration Failures, Front Page MagazineMichael Cutler, October 9, 2017

The immigration system lacks meaningful integrity while the Damoclean Sword of terrorism hangs above our heads each and every day.  Every year thousands of innocent victims lose their lives to criminal aliens, yet the immigration anarchists and their allies in the media castigate anyone who would dare suggest that the United States must act to secure its borders and enforce its immigration laws, branding them xenophobes, racists and haters.

Suicide is not an act of compassion.  All of the failing and dysfunctional elements of the immigration system must be repaired as swiftly as possible — not as a prerequisite for any additional action, but simply as ends unto themselves.  The potential for massive losses of life should provide the clear imperative for getting the job done- for once and for all.

****************************

President Trump has been rightfully demanding that aliens who are citizens of countries that have an involvement with terrorism must undergo “extreme vetting.”

This is certainly an important and commonsense requirement. However, the computer systems used by both Customs and Border Protection (CBP) and United States Citizenship and Immigration Services (USCIS) inside the United States are unable to provide CBP inspectors at ports of entry the data they need to prevent transnational criminals and international terrorists from entering the country. Nor can these systems provide the vital information and records to USCIS adjudications officers that would allow them to prevent aliens present in the United States from improperly acquiring immigration benefits such as political asylum, lawful immigrant status and even United States citizenship.

Simply stated, today — more than 16 years after the terror attacks of September 11, 2001 — the effective vetting of any alien seeking entry into the United States or for any alien seeking immigration benefits has been elusive goals.

The September 28, 2017 Department of Homeland Security Office of Inspector General’s (DHS OIG) report, “CBP’s IT Systems and Infrastructure Did Not Fully Support Border Security Operations,” noted:

CBP’s IT systems and infrastructure did not fully support its border security objective of preventing the entry of inadmissible aliens to the country. The slow performance of a critical pre-screening system greatly reduced Office of Field Operations officers’ ability to identify any passengers who may represent concerns, including national security threats. Further, incoming passenger screening at U.S. international airports was hampered by frequent system outages that created passenger delays and public safety risks. The outages required that CBP officers rely on backup systems that weakened the screening process, leading to officers potentially being unable to identify travelers that may be attempting to enter the United States with harmful intent.

On September 25, 2017, a report was published by DHS OIG on the distressing issue of individuals with multiple identities in US fingerprint enrollment records receiving immigration benefits. This disastrous situation has profound national security and public safety implications. Yet the report stated in part:

As of April 24, 2017, 9,389 aliens USCIS identified as having multiple identities had received an immigration benefit. When taking into account the most current immigration benefit these aliens received, we determined that naturalization, permanent residence, work authorization, and temporary protected status represent the greatest number of benefits, accounting for 8,447 or 90 percent of the 9,389 cases. Benefits approved by USCIS for the other 10 percent of cases, but not discussed in this report, include applications for asylum and travel documents. According to USCIS, receiving a deportation order or having used another identity does not necessarily render an individual ineligible for immigration benefits.

That last sentence should give us all serious cause for pause.

Apparently the “get to yes” philosophy of the Obama administration still permeates management at USCIS where adjudications officers were ordered to do whatever they had to do in order to approve virtually all applications for various immigration benefits.

We will, a bit later on, take a look back at how the Obama administration dismantled a program that sought to uncover immigration fraud and imbue the immigration benefits program with integrity.

But let’s first consider some additional facts.

The official report 9/11 and  Terrorist Travel was issued well over a decade ago and focused specifically on the ability of the terrorists to travel around the world, enter the United States and ultimately embed themselves in the U.S. as they went about their deadly preparations to carry out an attack.

The report noted:

Once terrorists had entered the United States, their next challenge was to find a way to remain here. Their primary method was immigration fraud. For example, Yousef and Ajaj concocted bogus political asylum stories when they arrived in the United States. Mahmoud Abouhalima, involved in both the World Trade Center and landmarks plots, received temporary residence under the Seasonal Agricultural Workers (SAW) program, after falsely claiming that he picked beans in Florida.” Mohammed Salameh, who rented the truck used in the bombing, overstayed his tourist visa. He then applied for permanent residency under the agricultural workers program, but was rejected. Eyad Mahmoud Ismail, who drove the van containing the bomb, took English-language classes at Wichita State University in Kansas on a student visa; after he dropped out, he remained in the United States out of status.

Under the title “Immigration Benefits” the following paragraph on page 98 of the same report states that

[t]errorists in the 1990s, as well as the September 11 hijackers, needed to find a way to stay in or embed themselves in the United States if their operational plans were to come to fruition. As already discussed, this could be accomplished legally by marrying an American citizen, achieving temporary worker status, or applying for asylum after entering. In many cases, the act of filing for an immigration benefit sufficed to permit the alien to remain in the country until the petition was adjudicated. Terrorists were free to conduct surveillance, coordinate operations, obtain and receive funding, go to school and learn English, make contacts in the United States, acquire necessary materials, and execute an attack.

These multiple serious failures of the immigration system today are hardly new.

Roughly one year ago a disturbing DHS/OIG Report prompted me to write an article about Weaponized Immigration. I focused on the fact that 858 aliens who had been ordered deported were improperly granted United States citizenship through the process of naturalization due to the fact hat their fingerprints were not on file because they were not properly uploaded when INS, the predecessor agency to DHS, digitized these fingerprints.

As bad as that was, that report went on to state:

Later, ICE identified missing fingerprint records for about 315,000 aliens who had final deportation orders or who were criminals or fugitives, but it has not yet reviewed about 148,000 aliens’ files to try to retrieve and digitize the old fingerprint cards.

The report noted that in 2010 a program known as “Operation Janus” was created to identify aliens who may have committed immigration fraud, yet the report documented that in the final months of the Obama administration, inexplicably, the Operation Janus working group was disbanded, stymieing efforts to identify aliens who had committed naturalization fraud and thereby seriously undermining national security.

While it was in operation, the working group of Operation Janus identified wrongly naturalized aliens who had been able to parlay their U.S. citizenship into sensitive jobs at airports and seaports and at least one of these individuals became a law enforcement officer.  Consequently, appropriate actions were taken to denaturalize some of these individuals and seek criminal prosecutions, although only a small percentage of these aliens were dealt with effectively.

What was even more disconcerting was that some of these aliens were citizens of “Special Interest Countries,” that is to say, countries that are associated with possible terrorist links.

Nevertheless, consider how many politicians from both political parties are determined to provide lawful status to unknown tens of millions of illegal aliens whose true identities are unknown and unknowable. These politicians all know that the immigration bureaucracy is unable to effectively deal with its current workload. Any massive legalization program would cause this already failing system to implode.

We must also consider how many cities and states have declared themselves to be “sanctuaries” for illegal aliens who entered the United States surreptitiously or who may have lost their lawful status because of the serious crimes that they committed.  These jurisdictions have become magnets for foreign criminals and terrorists and undermine national security and public safety.

The immigration system lacks meaningful integrity while the Damoclean Sword of terrorism hangs above our heads each and every day.  Every year thousands of innocent victims lose their lives to criminal aliens, yet the immigration anarchists and their allies in the media castigate anyone who would dare suggest that the United States must act to secure its borders and enforce its immigration laws, branding them xenophobes, racists and haters.

Suicide is not an act of compassion.  All of the failing and dysfunctional elements of the immigration system must be repaired as swiftly as possible — not as a prerequisite for any additional action, but simply as ends unto themselves.  The potential for massive losses of life should provide the clear imperative for getting the job done- for once and for all.

Dr. Jasser joins Bob Harden discussing the need for reform within Islam 02.20.2017

February 21, 2017

Dr. Jasser joins Bob Harden discussing the need for reform within Islam 02.20.2017, AIFD via YouTube

Islamic Terror and the U.S. Temporary Stay on Immigration

February 13, 2017

Islamic Terror and the U.S. Temporary Stay on Immigration, Gatestone InstituteUzay Bulut, February 13, 2017

It is short-sighted and reckless to blame President Trump for trying to protect his country and keep his country safe — as any good leader is supposed to do. It would be much wiser to direct our anger where it belongs — at Muslim extremists and Muslim terrorists.

To many people, it must be easier to go after the U.S. president than after ISIS terrorists. That way, critics of the president can also pose as “heroes” while ignoring the real threats to all of humanity.

Critics of Muslim extremists get numerous death threats from some people in the West because they courageously oppose the grave human rights violations — forced marriages, honor killings, child rape, murdering homosexuals and female genital mutilation (FGM), among others.

Why do we even call criticism of such horrific practices “courageous”? It should have been the most normal and ordinary act to criticize beheadings, mutilations and other crimes committed by radical Muslims. But it is not.

On the contrary, the temporary ban aims to protect genuine refugees such as Bennetta Bet-Badal, who was murdered in San Bernardino. It would be much wiser to direct our anger where it belongs — at Muslim extremists and Muslim terrorists.

In San Bernardino on December 2, 2015, 14 people were murdered and 22 others seriously wounded in a terrorist attack. The perpetrators were Syed Rizwan Farook and Tashfeen Malik, a married couple. Farook was an American-born U.S. citizen of Pakistani descent, who worked as a health department employee. Malik was a Pakistani-born lawful permanent resident of the United States.

Among the victims of the terror attack was Bennetta Bet-Badal, an Assyrian Christian woman born in Iran in 1969. She fled to the U.S. at age 18 to escape Islamic extremism and the persecution of Christians that followed the Iranian revolution.

“This attack,” stated the Near East Center for Strategic Engagement (NEC-SE), “showcases how Assyrians fled tyranny, oppression, and persecution for freedom and liberty, only to live in a country that is also beginning to be subject to an ever-increasing threat by the same forms of oppressors.”

“NEC-SE would like to take this opportunity to once again urge action to directly arming the Assyrians and Yezidis and other minorities in their indigenous homeland, so that they can defend themselves against terrorism and oppression. This tragedy is evidence that the only way to effectively counter terrorism is not solely here in the US, but abroad and at its root.”

Members of the Islamic State (ISIS) have declared several times that they target “kafirs” (infidels) in the West.

In 2014, Syrian-born Abu Muhammad al-Adnani, the official spokesperson and a senior leader of the Islamic State, declared that supporters of the Islamic State from all over the world should attack citizens of Western states, including the US, France and UK:

“If you can kill a disbelieving American or European – especially the spiteful and filthy French – or an Australian, or a Canadian, or any other disbeliever from the disbelievers waging war, including the citizens of the countries that entered into a coalition against the Islamic State, then rely upon Allah, and kill him in any manner or way, however it may be.

“Smash his head with a rock, or slaughter him with a knife, or run him over with your car, or throw him down from a high place, or choke him, or poison him.”

It is this barbarity that the new U.S. administration is trying to stop.

FBI Director James Comey also warned in July of last year that hundreds of terrorists will fan out to infiltrate western Europe and the U.S. to carry out attacks on a wider scale, as Islamic State is defeated in Syria. “At some point there’s going to be a terrorist diaspora out of Syria like we’ve never seen before. We saw the future of this threat in Brussels and Paris,” said Comey, adding that future attacks will be on “an order of magnitude greater.”

How many ISIS operatives are there in the U.S.? Are ISIS sleeper cells likely in American cities? The people who are trying to create hysteria over the new steps taken by the Trump Administration should focus on investigating these issues more broadly, but they do not. To them, it must be easier to go after the U.S. president than after ISIS terrorists. This way, they can also pose as “heroes” while ignoring the real threat to all of humanity.

It is not only Islamic terrorists that pose a threat. It is also the ideology of the Muslim Brotherhood, the font of all the modern extremist Muslim ideologies.

The crimes committed by radical Muslims are beyond horrific, but it is getting harder to expose and criticize them. Many critics of Islam in Western countries — including those of Muslim origin — have received countless death deaths and have been exposed to various forms of intimidation.

Some were murdered, such as the Dutch film director, Theo van Gogh. His “crime” was to produce the short film Submission (2004) about the treatment of women under Islam. He was assassinated the same year by Mohammed Bouyeri, a Moroccan-Dutch Muslim.

2055In 2004, Moroccan-Dutch terrorist Mohammed Bouyeri (left), shot the filmmaker Theo van Gogh (right) to death, then stabbed him and slit his throat.

Some have had to go into hiding. American cartoonist Molly Norris, who promoted an “Everybody Draw Mohammed Day”, had to go into hiding in 2010 after her life was threatened by Islamic extremists. She also changed her name and stopped producing work for the Seattle Weekly, the New York Times reported.

Who are these people hiding from? From the most radical and devoted followers of the “religion of peace”.

Why should people living in free Western countries be forced to live in fear because they rightfully criticize a destructive and murderous ideology?

They get numerous death threats from some people in the West because they courageously oppose grave human rights violations — forced marriages, honor killings, child rape, murdering homosexuals and female genital mutilation (FGM), among others.

Why do we even call criticism of such horrific practices “courageous”? It should have been the most normal and ordinary act to criticize beheadings, mutilations and other crimes committed by radical Muslims. But it is not. It does require tremendous courage to criticize these acts committed in the name of a religion. For everybody knows that the critics of Islam are risking their lives and security.

In the meantime, “an Islamic State follower posted a message on the Telegram app that said President Trump was wasting his time by blocking refugees from Syria,” reported the journalist Rowan Scarborough.

“‘Trump is preventing the entrance of the citizens of [seven] countries to protect America from terrorism,’ said the message captured by the Middle East Media Research Institute. “Your decision will not do anything to prevent the attacks; They will come from inside America, from Americans born in America, whose fathers were born in America and whose grandparents were born in America.”

President Trump’s executive order is not a ban on Muslims. Individuals of all religious backgrounds of these seven countries have been affected. Nor is it a ban on refugees. On the contrary, the ban aims to protect genuine refugees such as Bennetta Bet-Badal, who was murdered in San Bernardino.

It is short-sighted and reckless to blame President Trump for trying to protect his country and keep it safe — as any good leader is supposed to do. It would be much wiser to direct our anger where it belongs — at Muslim extremists and Muslim terrorists.

For the Media, the Only Jihad Is Against Trump

February 13, 2017

For the Media, the Only Jihad Is Against Trump, PJ MediaRoger L Simon, February 12, 2017

In their zeal to “Jump on Trump,” is our media — not to mention their 9th Circuit cohorts — doing an immense disservice to the American public by obfuscating, effectively censoring, serious discussion of Islamic immigration and what to do about it?

It’s a global problem, surely, and we have a lot to learn from the mistakes of the Europeans who — according to the latest polls — are expressing serious regrets about their open-border immigration policies.

Several countries are beginning to return their migrants, sometimes offering economic incentives.  And you can see why, reading last Friday’s report from the Gatestone Institute:

Several young  gang-rapists started laughing in a Belgian court while yelling:

“women should not complain, they should listen to men.”

The seven ‘men’ were seen in a video where they are standing around an unconscious girl who is lying on a bed, then seen pulling down her pants and raping her. Also in the video, they are dancing around the victim and singing songs in Arabic.

I imagine they’ll be getting some “extreme vetting.”  Let’s hope so anyway.  But does this “extreme vetting” go far enough? In America’s case, it’s complicated by the fact that Trump’s original seven countries in his travel ban are rather circumscribed and arbitrarily limited, despite having been the seven singled out by Obama. As we have seen on multiple occasions, second-generation jihadists come from all over Western Europe, like two of the above un-magnificent seven, not to mention North Africa and the obvious omissions of Saudi Arabia and Pakistan.  They come from Russia and the Far East as well. Shouldn’t they all be on the list?  Yes, I realize the seven countries were chosen because at least some keep no verifiable records of who’s coming and going.  But I’m not sure that matters.  These days identities are more easily forged than ever.  The Daily Beast reports you can buy an undetectable UK passport from the Neapolitan Camorra.

So can “extreme vetting” finally do the job it’s supposed to do? What is the real extent of its capability?

Marine/contractor Steven Gern’s video from Iraq (before being asked to leave) is viral for a reason. Gern has an authenticity and seems to be telling the truth, two truths actually, and those truths are, to say the least, uncomfortable.  One is that many Iraqis (I would assume most Middle Easterners) hate Americans despite all we may have tried to do for them and would kill us if they had any opportunity. The second is that they are master dissemblers (remember taqiyya?) and are willing to wait years, all the while seeming perfectly pleasant, before acting on their hatred. This does not augur well for immigration, to put it mildly.

Given this dissembling/taqiyya that Gern speaks of, we do have some serious”extreme vetting” to do.  It’s almost impossible to see how it can be done without the most detailed attention. Obama, Hillary and Kerry did less than zero to improve the situation. They either exacerbated or ignored it, mostly the former.

Trump asked for a 120-day travel ban, a tiny length of time under the circumstances, to try, in his words, to figure out what’s happening.  But his rapacious opponents in the media (and the judiciary), slavering like a pack of morally narcissistic wolves, would have none of it. He was not to get one day.

Did they have another suggestion?  No, of course not.  Their suggestion comes down to this: anything but Trump.  Forget reason.  Forget what’s left of their own thoughtfulness.  Forget the safety of the American people and the world.  The Orange Man must pay.  He’s too vulgar… or something.  Maybe one of his daughter’s shoes gave someone a blister.  Or Stephen Miller was too rude to one of his high school teachers. Something significant like that.

Meanwhile, the media in its fact-finding mission does nothing to help us because it finds no facts, other than scurrilous gossip about Trump. That’s all they seem to look for. Their myriad liberal and progressive pundits make no suggestions either, contribute no fresh ideas (have you noticed?) to the fight, as if the status quo were just fine with them.  (This is true of many conservative pundits too — no thoughts on what to do about radical Islam.) It’s a mixture of selfishness and envy from which we all lose. Let our children or our children’s children deal with it.   (And they will.)  There may be a jihad in the big world, people being raped and having their throats cut, bombs going off, trucks driving into crowds of innocent tourists, but to our media, the only jihad worth fighting against is against Trump.

 

A legal analysis of the Ninth Circuit’s dangerous usurpation of presidential power

February 10, 2017

A legal analysis of the Ninth Circuit’s dangerous usurpation of presidential power, American Thinker,Ed Straker, February 10, 2017

(I practiced and studied law for more than three decades and find apparently successful attempts to turn Lady Justice into a political whore disheartening.

More diligent study than I have attempted since my retirement in 1996 would be necessary completely to understand a decision like that of the Ninth Circus Circuit. The present article seems brash; perhaps a brash approach is needed, if only as a basis for discussion of the proper, but very different, roles of the three branches of our feral federal government.  Please see also, The Ninth Circuit’s stolen sovereignty should serve as final wakeup call.– DM)

Federal District Judge James Robart violated the Constitution in issuing a TRO (temporary restraining order) against President Trump’s temporary entry ban for citizens of seven countries. Now a three-judge panel of the Ninth Circuit Court of Appeals has affirmed that stay.

What we have here is a creeping constitutional coup. As long as President Obama was in charge and had a massive open door policy at our borders and at our airports, in violation of statutory law, the judiciary was content to be silent. But when Donald Trump became president and tried to use the powers of the Presidency to put some national security safeguards into place, the judiciary sprung into action. The judiciary has usurped the executive branch’s powers and has created a parallel constitution, one that bears no relation to the founding document of our nation. The courts have now cited this parallel constitution to justify taking away the ultimate decision making authority concerning national security from the Presidency, to rest in their hands. The constitutional crisis and injury to our national security caused by this illegitimate decision cannot be overstated.

What follows is an analysis of this travesty and the damage done to our system of jurisprudence and national security.

1) The legal concept of standing has been totally eviscerated. In order to sue one must have “standing,” essentially to show that one is an injured party. The state of Washington, among others, sued claiming that its state-owned universities were harmed because a few students from the affected seven countries could not come to their campuses. The Ninth Circuit (hereinafter “the Court”) found that these grounds gave Washington standing to sue.

As of now, the concept of standing is now meaningless. The idea behind standing was to limit frivolous lawsuits so only people directly injured could sue. The Court’s expansion of standing means that a state can now sue on behalf of anyone, for any reason. This is very important because if anyone can sue on behalf of anyone, the Courts become immensely more powerful. Remember that Courts cannot get involved until someone sues. With standing gone, anyone can sue and the Court can immediately then exercise its power, as was the courts intent in doing away with standing.

2) “Irreparable harm” has been turned upside down. One of the standards the Court used to adjudicate this case was to see if either party would suffer irreparable harm. The Court found the University of Washington would suffer irreparable harm if students from Somalia and Yemen were temporarily delayed from coming to the US. The UW system has tens of thousands of students. The number of students affected here would be a small handful. The Court considers an action that would affect a tiny handful of students in a huge student body as irreparable harm.

On the other hand, the Court does not think the dangers of admitting un-vetted foreign nationals who might be terrorists constitutes and irreparable harm. The Court demanded that the Trump administration prove that there was a terrorist danger from these countries. But the Trump administration is not obligated to prove the terror threat because the Court has no jurisdiction in this area. It would be as if the Court suddenly demanded that Trump get approval for his DHS cabinet pick from an appeals Court, and strike down Trump’s choice because he didn’t submit evidence showing his DHS pick was suitable. This is a mad, naked, power grab. The Court opined:

When the Executive Order was in effect, the States contend that the travel prohibitions harmed the States’ university employees and students, separated families, and stranded the States’ residents abroad. These are substantial injuries and even irreparable harms.

Can you believe this? To consider the inconveniencing of a handful of students as an irreparable harm and the national security of a nation as unimportant shows that this Court is fully in wanton disregard of the law, not to mention common sense.

3) National security policy has been wrested from the presidency and placed in the hands of the judiciary. National Security is traditionally left to the Presidency; indeed, the Court cited cases in support of this.

See, e.g. Cardenas v. United States , 826 F.3d 1164, 1169 (9th Cir. 2016) (recognizing that “the power to expel or exclude aliens [is] a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control” see also Holder v.  Humanitarian Law Project , 561 U.S. 1, 33-34 (2010) (explaining that Courts should defer to the political branches with respect to national security and foreign relations).

But the Court says this deference is not absolute, and when they feel they want to overrule the Executive branch, they can. They even cited cases for that proposition as well:

see Zadvydas v. Davis , 533 U.S. 678, 695 (2001) (emphasizing that the power of the political branches over immigration “is subject to important constitutional limitations”);

Chadha, 462 U.S. at 940-41 (rejecting the argument that Congress has “unreviewable authority over the regulation of aliens,” and affirming that Courts can review “whether Congress has chosen a constitutionally  permissible means of implementing that power”)

See, e.g. Boumediene, 553 U.S. 723 (striking down a federal statute purporting to deprive federal Courts of jurisdiction over habeas petitions filed by non-citizens being held as “enemy combatants” after being captured in Afghanistan or elsewhere and accused of authorizing, planning, committing, or aiding the terrorist attacks perpetrated on September 11, 2001)

These cases are not constitutionally correct. The Constitution does not apply to foreign nationals. The Constitution is an agreement among the American citizenry. No one else. It doesn’t apply to the people of Iraq, or Somali nationals who come here, or Yemenis with an American visa. By citing cases that were unconstitutionally decided, you can see how far back the judicial rot extends — the Courts have built precedent for a shadow constitution, which allows them to grab power from the Executive.

4) The Due Process clause has been expanded to add seven billion people.The Court cites the Due Process clause, which states in part ” No person shall … be deprived of life, liberty, or property, without due process of law”. The problem is that foreign nationals are not legal “persons” under our Constitution. How could they be? How could we ever legally go to war or take action against a foreign country or a foreign group without letting them have their day in court? The implications are truly ridiculous.

The Court writes:

The procedural protections provided by the Fifth Amendment’s Due Process Clause are not limited to citizens. Rather, they “appl[y] to all ‘persons’ within the United States, including aliens,” regardless of “whether their  presence here is lawful, unlawful, temporary, or permanent.

How could that be true? The Constitution applies to aliens? And the Court doesn’t even have the courage to state its ultimate conclusion: that Due Process doesn’t just extend to aliens in America, but even to aliens in other countries who want to come to America. Because that’s what they’ve extended it to.

5) The Court maliciously avoided a narrowly tailored legal remedy. Even if the Court honestly believes its own argument, its relief should be narrowly tailored to the handful of students affected at the University of Washington. Instead, it used this case as a wedge to assert its primacy over national security and to open the entire nation to unrestricted entry.

6) The Court disingenuously employed false religious protection claims. The Court said

The First Amendment prohibits any “law respecting an establishment of religion.” The States’ claims raise serious allegations and present significant constitutional questions.

Again, the Court has no jurisdiction here. The people affected are not Americans. The Trump Administration can exclude Hindus, Muslims, Christians, Women, red haired people, anyone it wants to.  Of course this is not a Muslim ban, but to even play into that argument presumes the Court has the power to rule over this. It doesn’t.

7) False consideration of “public interest.” The Court says that it has to consider “the public interest” in deciding. No it doesn’t. It only has to consider the Constitution.

Aspects of the public interest favor both sides, as evidenced by the massive attention this case has garnered at even the most preliminary stages. On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination. We need not characterize the public interest more definitely than this; when considered alongside the hardships discussed above, these competing public interests do not justify a stay [of the TRO]

So the Court weighed free entry to America for foreigners, versus national security for Americans. How to decide? The Court said, for now that free travel for foreigners into America is definitely more in the public interest!

8) Conclusion: the false choices: where do we go from here? Some commentators will say to appeal this to the full Ninth Circuit (this was a three judge panel). Others will say to appeal this case to the Supreme Court. Still others will say to redraft the legislation to better meet the Court’s dictates and current mood swings.

These are all false choices. It is like people coming into your home and telling you that you cannot redecorate it without their permission; submit a proper plan, and perhaps they will approve it. The only way to win this game is not to play.

Yes, President Trump should appeal to the Supreme Court, but with a 4-4 split there (which will continue for months), his victory is far from assured.

More primarily, he should immediately disavow the Court’s authority in this matter and order his officials to reinstate the ban. Trump will be said to be provoking a constitutional crisis, but let us be clear, it is the courts that have provoked this constitutional crisis, and Trump’s entry ban is a relatively mild one. Remember, to secure the country, he is going go to have to do much more than this moderate executive order:

Let’s say that Trump actually wants to have a permanent ban on refugees from Syria or Iraq, for security reasons. A Court could overturn it on the same grounds. Suppose Trump wants to stop all refugees coming to America for a year. A Court could actually force Trump to let 100,000 or more refugees in, if Trump lets them. A Court could stop Trump from doing enhanced vetting, claiming it discriminated against Muslims from ISIS infested countries. A Court also stop Trump’s border wall, claiming it would have a negative effect on a snail or a worm.

That’s why Trump can’t give in on his relatively limited executive order. If he does, he will give the Courts a green light to keep America an open borders country.

If Trump does nothing, merely playing out the process, he may well lose his constitutional power to protect our borders. And while we wait and watch matters go through the courts, every day more and more terrorists could be coming into our country. There is no time to wait.

Ryan Mauro on Fox: Trump Travel Pause Has Some Progressive Features

February 9, 2017

Ryan Mauro on Fox: Trump Travel Pause Has Some Progressive Features, Clarion Project via YouTube, February 8, 2017