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 Also on this page, the related article Teddy's Terror Loophole.

Immigrating Terror: Why Immigration Officials Couldn't Exclude Jihadists and Anti-American Anyone Prior to 9/11 

No one should every doubt the power and effect of a single well-placed individual. 

Commentary on Immigrating Terror by Rocco DiPippo at FrontPage 

Every day brings the revelation of yet another personality in a responsible position who has endangered the United States. According to an article by Rocco DiPippo in FrontPage, Representative Barney Frank, D-MA, "has come under fire from several writers who claim that immigration laws he wrote make it easier for foreign subversives to enter America, set up terror cells, and raise funds for extremists." 

The 500-page "9-11 Commission Report," and what becomes quite apparent is that the weakest link in our antiterrorism defense system prior to 9-11 was the Immigration and Naturalization Service. It was so weak that it became a revolving door for al-Qaida sleeper terrorists who were issued visas that permitted them to come and go as they pleased. 

And the one man responsible for creating this revolving door was Congressman Barney Frank of Massachusetts, whose 1989 Frank Amendment to INS procedures paved the way for the 19 hijackers to freely enter this country, take flying lessons, and quietly prepare for their deadly attack with no notice from our intelligence agencies.

The article denies the allegations, claiming that "poor enforcement of them was the problem" and that the 9/11 Commission cleared him of any culpability" [and that] "those who say his immigration policies contributed to 9/11 (are) 'right-wing extremists.'" 

However, 

There is evidence - presented in later this article - that "Barney Frank had been given specific information indicating that at least some of his immigration legislation was causing a massive infiltration of America by radical Muslims and Muslim clerics. He did nothing in response to that information but continued writing and pushing legislation that further relaxed immigration requirements and granted additional rights to non-U.S. citizens, even to those who had been deported from the U.S. for committing felonies.   

According to DiPippo, 

"From 1981 onward, while terror attacks around the world by Muslim radicals were rising dramatically and America's intelligence agencies were being neutered by the Left, Congressman Barney Frank Legislated to loosen America's immigration controls. At the same time, he consistently voted to slash funding for the CIA, the FBI, and the U.S. military.

Frank’s most far-reaching work on immigration law occurred in the context of a major overhaul of the McCarran-Walter act of 1952. That act contains the body of U.S. immigration law. Its overhaul during the 1980s culminated in the Immigration and Nationality Act (INA) of 1990. To expedite the work, the project was divided into two parts: an overhaul of legal immigration laws and a separate overhaul of illegal immigration laws. Congressman Frank wanted to reform the exclusion provisions of legal immigration laws, laws that codified the things a prospective legal immigrant to the U.S. could be denied entry for. 

“The exclusions were part of the legal immigration provisions, and as a member of the Democratic majority on the immigration subcommittee, I asked for and was accorded by my colleagues the right to take the lead in rewriting the exclusion provisions,” says Frank. 

Frank concentrated on removing the ideological exclusions. Those exclusions were used to prevent people with totalitarian views from immigrating to the U.S. and causing unrest. They were also used to deport legal aliens who had caused unrest or engaged in subversive activities in America. Frank categorized the exclusions as “relics of the McCarthy era.”  His associating the ideological exclusions with “McCarthyism” is disingenuous for many reasons, not least because Senator Joseph McCarthy concentrated his anti-Communist efforts on U.S. citizens, not aliens or visitors.

But the "ideological exclusions were not "relics of the McCarthy era." 

They originated from the Alien Registration Act of 1940, signed into law by President Roosevelt as a national security measure on the eve of World War II. The bill make it a federal crime for anyone to 'knowingly or willfully advocate, abet, advise or teach the duty, necessity, desirability or propriety of overthrowing the Government of the United States or any State by force or violence, or for anyone to organize any association which teaches, advises or encourages such an overthrow, or for anyone to become a member of or to affiliate with such an association.'

Roosevelt and all that fought and died in World War II should be spinning in their graves at the sight of all those that today are, with impunity, aiding and abetting, teaching, advising, advocating and all the rest. As I posted before, there were traitors and their abettors abroad in the United States prior to and during World War II that President Roosevelt had to neutralize as outlined by  Michelle Malkin  in In Defense of Internment.  Unfortunately innocents were caught up in the dragnet and suffered relocation and other humiliations because of the real actions of a few. It might surprise some to know of the existences of the 2006 version of the camps, "just in case."

Why was Frank so passionate about "removing ideological exclusions?" The reasons may surprise you. 

“I was in an ideal situation because while I was in favor of the overall bill, I cared most of all about the exclusions, and I was prepared to try to defeat the bill if I was not successful in reforming what I considered to be the most outrageous aspect of American immigration law, the antigay, anti-free-speech McCarthyite hangover,” said Frank. 

To Frank, the ideological exclusions were inconsistent with the notion of free speech. But the question was: Should the full First Amendment right to free speech be extended to non-U.S. citizens while they were in America? Frank said yes. He then flipped the issue on its head by arguing that denying entry to foreigners with subversive or “dangerous” views and radical ideologies was a de facto violation of American citizens' First Amendment rights to hear those views

“Beginning around the turn of the century,” said Frank, “American law contained a large number of exclusions to protect what legislators apparently thought was a fragile citizenry from all manner of dangerous foreign influences. Anarchists, people who believed in polygamy, Communists, people who knew people who were related to Communists, people who thought and said unpleasant things about America – the list of those kept out of America was egregious and in total violation of the spirit of free expression.”

As DiPippo says: 

Is is typical for left-wing politicians to waltz past the bones of Communism's 150 million victims on their way to trivialize the dangers that radical ideologues present. Frank is no exception, since he considers foreigners who hold totalitarian views to be of no concern to national security, a view he has held since at least 1981, the year he officially began working to eliminate ideological exclusions. The Soviet Union, America’s long-time communist enemy, did not collapse until 1990. Though Frank’s final exclusion amendment included language making deportable “any alien who participated in Nazi persecution,” there was no clause barring any alien who participated in Communist persecution.

When Frank’s exclusion amendment became law, it said aliens could not be excluded or deported “because of any past, current, or expected beliefs, statements, or associations which, if engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States.” 

Frank used the elimination of ideological exclusions to facilitate the removal of another long-standing exclusion statute, one truly unjust. It is important to mention this since it raises questions concerning his motives for legislating against ideological exclusion in the first place.

According to DiPippo, here's the reason why Frank was so adamant about removing any "exclusion of ideology." 

Frank tailored his attack on ideological exclusions to expedite the removal of the sexual preference exclusion, an exclusion that denied homosexual immigrants entry to the U.S. Given the cultural climate of the 1980s, a stand-alone effort to have the sexual preference exclusion removed would not have been supported by many Congressmen, regardless of their private views on homosexuality. So in a brilliant legislative sleight-of-hand, Frank crafted the comprehensive immigration exclusion amendment to define the only reasons that entry to America could be denied – and he left the sexual preference exclusion out. 

That strategy of omission put anyone wanting to continue the ban on admitting homosexual immigrants in the unsavory position of having to sponsor a separate amendment seeking to continue that ban. In his essay “A Case Study in the Effective Use of the Political Process,” Frank explains his strategy: 

My intention was to take the legitimate bases for excluding people from this country – namely, that they would in some real way be dangerous to our well-being – and embody them in a new section that would replace the existing obnoxious [ideological exclusion] sections. I would deal with the anti-gay exclusion simply by leaving it out of the re-draft. Thus, no separate vote would be taken on whether or not to repeal this provision, because its abolition would be accomplished by omission. And since I was part of the majority that would be presenting the new bill, the burden in Congress would thus be shifted to those who sought to preserve this homophobic aspect. 

In other words, Frank took an issue concerning national security and parlayed it into a significant victory for gay rights.

That's right. Frank wrote legislation that has put the United States in physical and ideological peril in order to promote gay rights

In 1987, over the objections of the State Department because of security concerns, Frank’s exclusion amendment was made temporary law. Though President Reagan also objected to Frank’s ideological exclusions amendment, he accepted it in compromise to get broader aspects of the McCarran-Walters revamp passed into law. For the first time in American history, the full First Amendment right to free speech and free association, once exclusively enjoyed by full U.S. citizens, had been granted to non-citizens and visitors to the United States. The moment Barney Frank’s exclusions amendment was made law, it became unlawful, on the basis of their beliefs alone, to deny entry to immigrants or other foreign nationals with radical ideologies. It also made it nearly impossible to deport them once they were here. 

Three years later, the overhaul of McCarran-Walter was finished, and it became law as the Immigration and Nationality Act of 1990. Frank’s ideological exclusions amendment remained intact, except for a single word. The final amendment said that an alien could not be excluded from entry into the U.S. nor deported once there ''because of any past, current or expected beliefs, statements or associations which, if engaged in by a United States citizen in the United States, would be protected under the Constitution.” Frank had also wanted to prevent the U.S. from denying entry to immigrants based on past “activities,” but under pressure from the Bush State Department, Frank was forced to drop “activities” from the amendment’s final wording.

And the New Duranty Times (a.k.a., New York Times

"vigorously supported Frank and his fellow Democrats' drive to remove ideological exclusions, reporting on its permanent removal on Oct. 26, 1990: "Representative Barney Frank, the Massachusetts Democrat who was the chief House negotiator in the conference committee, said the new provisions worked out Wednesday night and today 'made rational the reasons a person can be excluded,'and added, 'We are saying you can't exclude someone because of their speech, their beliefs, or their associations.' [Emphasis added by DiPippo.]

Some changes were made in 1990 and 1996, "but Frank's ideological exclusions amendment remained untouched and in force until after the 9/11 attack. 

The 1996 exclusion list allowed immigration officials to bar aliens from entry or deport them for the following terrorism-related reasons: 

(1) has engaged in a terrorist activity,

(2) a consular officer or the Attorney General knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity .

(3) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity,

(4) is a representative of a foreign terrorist organization, as designated by the Secretary under section 219, or

(5) is a member of a foreign terrorist organization, as designated by the Secretary under section 219, which the alien knows or should have known is a terrorist organization is inadmissible.

But U.S. immigration officials could not deny entry to or deport aliens solely on the basis of their political or ideological beliefs or the associations they engaged in while in America. And the remaining exclusions, as they related to terrorism, were filled with ambiguities that monkey-wrenched the process of deporting suspect aliens expeditiously. The Center for Constitutional Rights, National Lawyers Guild, and other left-wing groups lined up to exploit those ambiguities. They filed endless litigation in defense of aliens arrested for suspicion of involvement in crime, terrorism or terrorist-related activity.

James R. Edwards  of the Hudson Institute sums it up in this article at the Center for Immigration Studies. 

teaches that foreign ideologues have long sought to promote their beliefs and advance their causes on American soil. Alien subversives have spied, spread propaganda and stolen state and industrial secrets. Foreign anarchists, communists and other radicals have sought to make converts, raise funds, organize followers and otherwise exploit American freedoms...In short, the 1990 Immigration Act’s revision of exclusion grounds preserved the spirit of the McGovern and Moynihan [Frank] Amendments. Indeed, this law made it much easier for aliens who hold radical, dangerous, anti-American or subversive political beliefs to enter and remain in the United States. This perversion of the First Amendment means the guy who preaches hatred, pollutes hearts and minds, steeps persuadable people in reasons to harm Americans and wage war from within against America…gets a free pass.

And in a September 15, 2005 article at the Hudson Article, Edwards reminds us: 

Four years after the fateful attack by alien zealots, we still haven't exercised common sense by reducing immigration to reasonable, manageable levels; faithfully, consistently enforcing immigration laws; or barring entry to aliens who espouse dangerous ideologies. 

The latter, exclusion and deportation due to ideology, isn't about keeping out people with novel or merely theoretical, opposing political viewpoints. Rather, we're talking about the kinds of beliefs so at odds with fundamental American political principles as to border on treason if held by a U.S. citizen. We're talking about threatening, subversive ideas. Such viewpoints don't qualify as legitimate public dialogue. 

Whether the threat came from aliens promoting Jacobinism, anarchism, fascism or communism, the United States always sought to bar entry of or deport the foreign advocates. This policy helped disrupt foreign conspiracies here. 

Common sense dictates we should keep out foreign extremists who spew anti-American rhetoric and whip up zealotry against this nation. They obviously can do less harm from abroad than from within the country.

Ideological exclusion policies helped keep out members of subversive groups and aliens who taught or advocated dangerous ideologies throughout the 20th century, especially during the Cold War. 

With the end of the Cold War, Congress effectively repealed ideological exclusion in the 1990 Immigration Act. The First Amendment was expanded to extremes and extended to extremists -- including aliens, though they owe this nation no allegiance. 

The result of ideological exclusion's repeal is that only active terrorists on watchlists might be barred from entering the United States. Those promoting radical ideology must be admitted. 

But we should be able to deny immigrant and nonimmigrant visas to, or to deport, aliens who studied at madrassas, trained at terrorist camps, attended anti-America rallies, side with al Qaeda and Hamas, "worshipped" at notorious Islamist mosques. Those who espouse dangerous politics (whether rooted in Marx or Mohammed) don't deserve First Amendment protection; they certainly don't deserve a visa. 

Foreign ideologues have long sought to promote their beliefs and advance their causes on American soil. They've spied, spread propaganda, stolen state and industrial secrets, tried to make converts, raised funds, organized followers and otherwise exploited American freedoms.

When Congress rewrote immigration laws during the Cold War, an administration witness said, when it comes to screening aliens who hold dangerous ideologies, we should "err in favor of American security." We should take that good advice again.</blockquote> 

DiPippo asks the question: 

How many of the hundreds, if not thousands, of Muslim radicals and their Islamic clerics, who legally entered America under Barney Frank’s amendment, aided the 9/11 murderers? How many of them had attended to some operational detail of the 9/11 plot? How many cheered and supported it, or excused it in front of their mosques? How many alien Muslim radicals remain in the U.S., awaiting a signal to murder? How many of them have become full U.S. citizens? 

Most importantly, how many American hearts and minds did these ideologues poison with their hatred? What will the result of that be?

DiPippo has made a convincing argument against Frank and sees the danger in light of the eternal Jihad. But Anti-American ideology is not confined to the Jihadists or even the neo-Marxists. Anti-American ideology is a rising tide among many groups, native and immigrant, that want to promote their own agenda at the expense of U.S. citizens.

Regardless of the fact that Congressman Frank's Ideological exclusion amendment was effectively suspended and "Visa laws were significantly tightened up and the enforcement of immigration laws increased," waves of the undocumented day and night continue to surge across the borders in hopes of amnesty as reported on the March 29, 2006 in Lou Dobbs Tonight. 

Both Mexican Ambassador Carolos de Icaza and Barney Frank are in agreement: "When 3,000 Americans were murdered by illegal immigrant terrorists on September 11, that was the end of rational immigration policy in the United States." 

But Barney is not alone. A careful examintion of the Congressional record discovers others. For example, the Senator from Massachusettes, Edward Kennedy has passed legislation with an equivalent result: subjecting U.S. citizens to the danger by allowing entry individuals with an anti-American agenda. 

Thanks a lot Barney and Teddy; Your intentions may have been good, but the United States should be able to exclude anyone as would a homeowner would exclude rabble rousers, criminals, or people they just don't like who come knocking on their doors.

 [EDITOR'S NOTE:    Portia has given us a dynamite article.  Still I have to quibble with one point:  "Your intentions may have been good..."  Their intentions are not good and have not been.  We unjustly credit leftists with just what they want when we credit their nefarious thoughts and actions with "Your intentions may have been good."  Immanuel Kant was the one who made popular the notion that good intentions were as good as good deeds.  Follow the history of Germany and Russia, and you see where their good intentions took them.]

 

 

~~~~~

 

Teddy's Terror Loophole

 

 

The plot thickens. It seems that Barney Frank was not alone. More well-placed individuals and the State Department wield destructive power. 

Joel Mobray at TownHall

Simply put, the language Sen. Kennedy inserted into the Immigration and Nationality Act in 1990 states that consular officers cannot refuse a visa to someone on the grounds of advocacy of terrorism. He did this because his pal, Gerry Adams, had been denied a visa because of his role as an advocate for Irish Republican Army terrorism in Northern Ireland. 

But while the law has been effective in keeping the door open for Adams—allowing him to march in a St. Patrick’s Day parade yet again this month in Holyoke, Massachusetts—it has also proved a bonanza for people such as the former spokesman for the Taliban and an imam who helped run an Islamic school that is closely tied to the Taliban. 

Though Sen. Kennedy has steadfastly refused to close the Gerry Adams loophole (including shortly after 9/11), the State Department has the authority under the law to do so. Yet State has only tweaked it, but has otherwise refused.

(While the Patriot Act grants the Department of Homeland Security the authority to deny visas to those who use a “position of prominence within any country to endorse or espouse terrorist activity,” DHS seems to do so only sporadically.) 

So who has gotten in thanks to Sen. Kennedy? For starters, the Gerry Adams provision is almost certainly the reason former Taliban spokesman Rahmatullah Hashemi was able to attain a student visa to attend Yale University. The lengthy New York Times Magazine profile of him that caused quite a stir last month indicated that he was open about his Taliban past, yet he received his visa with ease. 

Whichever consular officer granted Rahmatullah’s visa, though, was just following orders. Under the subheading, “Advocacy of Terrorism Not Always Exclusionary,” a high threshold is set, whereby inciting people to commit terrorist acts is not enough cause to deny someone a visa. The visa applicant’s “speech must not only have induced others to undertake terrorist activity, but it must also have been made with the specific intent that such activity would result in death or serious bodily injury.”

That’s not in the law written by Congress, but in the regulations as written by State. 

And it appears visa applicants are given quite a bit of leeway on that two-part test. 

In October 2001, Imam Shabbir Ahmed took to the podium, speaking to an angry mob that was gleefully burning American flags and effigies of President Bush. The slight, bearded man of the cloth exhorted the crowd to wage jihad against the United States. He did this in Islamabad, Pakistan’s capital—at a market that was a stone’s throw from the U.S. Embassy.

Less than three months later, Ahmed was issued a visa and traveled to the United States.

The Effect of the Imam's Stay in the United States 

Once he arrived in Northern California in January 2002, the imam worked with his mentor to establish an Islamic school modeled on one the pair had run back in Pakistan. Karachi-based Jamia Farooqia counts many high-ranking members of the Taliban among its graduates and teachers. 

Ahmed was deported before he and his mentor could open a U.S. version of Jamia Farooqia, but not until after at least one of his followers allegedly traveled to Pakistan for terrorist training. One member of his flock, U.S.-born Hamid Hayat, 23, is currently standing trial for material support for terrorism for allegedly undergoing terrorism training. Authorities reportedly believe, however, that up to six other young men from Ahmed’s former mosque in Lodi, California also attended terrorism training in Pakistan. 

And those are just some of the cases in which the Gerry Adams loophole has benefited cheerleaders for Islamic terrorism.

Those holding out hope that the State Department might use the authority granted it under the law to simply scrap the provision are likely to be sorely disappointed. Consular Affairs currently is run by Maura Harty, protégé and clone of the founder of the courtesy culture, Mary Ryan. Ms. Harty has largely continued the open door policies of her mentor, particularly in Saudi Arabia, which sent us 15 of the 19 9/11 terrorists. 

Which brings us back to Congress. Repealing Kennedy’s handiwork, though, is no small task. Not only would he present quite the roadblock in the Senate, but many members of the House probably would as well. Chief among them would be Rep. Richard Neal (D-MA), who was practically glowing as he marched alongside Adams in the St. Patrick’s Day parade. 

One would hope, though, that if Rep. Neal knew that the price of having Adams as his guest was the entry of supporters of Islamic terrorism, that the smile would be wiped off his face. But even if that happened, would it be enough to spur him and Sen. Kennedy into action to close the loophole?

 

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Updated: 15 April 2006

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