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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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