Wednesday, June 21, 2017

Kobach – Refugees and Terrorism: A Massive Vulnerability in Our Immigration System



Kobach – Refugees and Terrorism: A Massive Vulnerability in Our Immigration System
by Kris W. Kobach 21 Jun 2017
The left-leaning Ninth Circuit U.S. Court of Appeals recently ruled against the Trump Administration’s “travel ban” and kept in place the preliminary injunction that prevents President Trump’s executive order from going into effect. In a classic case of judicial activism, the three Clinton-appointed judges declared that the president’s order “does not offer a sufficient justification” to satisfy them. Never mind that the relevant statute does not require the president to satisfy federal judges (or anyone else, for that matter) that his decision is a good one.

Like other liberal critics of the president, the judges questioned whether the six nations subject to a 90-day travel ban (Iran, Libya, Somalia, Sudan, Syria, and Yemen) really represent the most dangerous sources of terrorists in the world.  No doubt this discussion will continue in the court of public opinion.

But while the six-nation part of the executive order is important, it is not the most important part. What many people are missing is that the greatest benefit of the executive order comes from the 120-day suspension of refugee admissions, along with the imposition of higher standards of screening on aliens seeking refugee status.

The United States refugee/asylum system has been, and continues to be, a major loophole in our immigration system. By my count, at least 30 terrorists have used refugee status (or presence in the United States based on asylum claims) to carry out their terrorist activities in the United States since the 1993 World Trade Center attack.*

For example, four of the terrorists involved in the 1993 World Trade Center attack — the “Blind Sheik” Omar Abdel RahmanRamzi YousefAhmad Ajaj, and Biblal Alkaisi — entered or remained in the United States by making bogus claims of political asylum. The LAX airport terrorist of 2002, Hesham Hadayet, also used a fraudulent asylum claim to remain in the United States and carry out his attack.

The Boston Marathon bombers of 2013, Chechen brothers Tamerlan and Dzokhar Tsarnaev, exploited the refugee program too. They had derivative asylum status, based on the asylum status of their father. Using his green card, Tamerlan was able to travel abroad and make contact with radical Islamists then re-enter the United States freely.

The Iraqi terrorists involved in the 2011 Bowling Green plot, Waad Ramadan Alwan and Mohaned Shareef Hammadi, were also refugees. And most recently, Somali refugee Abdul Razak Ali Artan carried out the November 2016 Ohio State University attack. And the list goes on.

Why do so many terrorists exploit refugee status in the United States? There are several reasons. One of the most important is that with refugee status comes a green card. This allows the alien to exit and enter the United States freely.  He can then obtain terrorist training abroad and coordinate with foreign Islamist organizations.

Another important reason is that even if the alien doesn’t hold refugee status before he arrives in the United States, he can claim political asylum when he gets here. And the vast majority of asylum claimants are allowed to roam the United States for years while their asylum claims are being adjudicated.

To obtain asylum, an alien must demonstrate a “well-founded fear of persecution” in his country of origin, based on race, nationality, religion, membership in a particular social group, or political opinion. An alien’s asylum claim may be completely bogus, but the alien is still allowed to remain in the United States while the claim is being decided. And oftentimes, even if his asylum claim is rejected, the alien can just disappear into the fabric of the country, never to be deported.

Foreign terrorist organizations know how to manipulate the system. Their applicants make up fake stories and carry fake documents.  And if the alien uses a fake name or fake date of birth, he won’t show up on any national security databases.

If asylum and refugee applicants were being vetted more strictly, terrorist abuse of the system wouldn’t be as widespread it has become. But the Obama Administration was notoriously lax in screening out bogus asylum claims, denying only 7 percent of applications from Syrians. Even worse, in his final year in office, Obama accelerated the number of refugees admitted from Somalia and Syria—two of the worst hotbeds of terrorism in the world.  The two countries accounted for a disproportionate share of refugees admitted in FY 2016, with 9,012 coming from Somalia and 12,486 coming from Syria.

This madness must end, especially as ISIS-affiliated Islamist terrorists appear to be stepping up their attacks in the West. The United States homeland remains a principal target, and many terrorists will attempt to make it to the United States as the noose is tightened by the U.S. and allied military attacking ISIS territory.

That is why the executive order’s refugee section is so important.

The refugee program must be halted temporarily, so that “extreme vetting” protocols can be put in place. American screeners must grill asylum applicants even more critically and ask questions designed to identify those who are sympathetic with Islamist terrorism. Screeners can no longer take applicants at their word. Asylum applicants need to provide solid evidence that their fears of persecution are real. If there is any doubt whatsoever, the asylum claim must be denied.

In a different day and age, such severe screening might not be necessary. But that is not the time we live in. America is under attack, and the refugee program has become a convenient tool for terrorists. The executive order is a crucial step in the right direction. Let’s hope the Supreme Court puts it back in place.

U.S. Court of Appeals for the 9th Circuit
Joseph Tyree Sneed III was a judge for the U.S. Court of Appeals for the 9th Circuit, and is Carleton S. Fiorina’s father.

Note: Carleton S. Fiorina is Joseph Tyree Sneed III’s daughter, and was a member of the Corporation of the Massachusetts Institute of Technology.
Corporation of the Massachusetts Institute of Technology is the governing body for the Massachusetts Institute of Technology.
Dzhokhar Tsarnaev was captured on the Massachusetts Institute of Technology camera, and a 2013 Boston Marathon bombings bomber.
Tamerlan Tsarnaev was captured on the Massachusetts Institute of Technology camera, and a 2013 Boston Marathon bombings bomber.
One Fund Boston is a victim assistance fund for the 2013 Boston Marathon bombings.
Kenneth R. Feinberg is the administrator for One Fund Boston, and a director emeritus for the Human Rights First.
William D. Zabel is the chair for the Human Rights First, was a trustee at the Foundation to Promote Open Society, and George Soros’s divorce lawyer.
Foundation to Promote Open Society was a funder for the Human Rights First, the American Civil Liberties Union (ACLU), and Refugees International.
George Soros’s divorce lawyer was William D. Zabel, was the chairman for the Foundation to Promote Open Society, is the founder & chairman for the Open Society Foundations, and a director emeritus for Refugees International.
Open Society Foundations was a funder for the Human Rights First, the American Constitution Society, and the American Civil Liberties Union (ACLU).
Harold H. Koh was a director at the Human Rights First, and a lawyer at Covington & Burling LLP.
Alex Kozinski was an attorney at Covington & Burling LLP, and is the chief judge for the U.S. Court of Appeals for the 9th Circuit.
Eric H. Holder Jr. is a partner at Covington & Burling LLP, was the attorney general at the U.S. Department of Justice, a trustee at the Morehouse School of Medicine, and a board member for the American Constitution Society.
Morehouse School of Medicine is a medical school at Morehouse College.
Jerome Farris was a trustee at the Morehouse College, and a judge for the U.S. Court of Appeals for the 9th Circuit.
Eve J. Higginbotham was the dean at the Morehouse School of Medicine, and a member of the Corporation of the Massachusetts Institute of Technology.
Corporation of the Massachusetts Institute of Technology is the governing body for the Massachusetts Institute of Technology.
Carleton S. Fiorina was a member of the Corporation of the Massachusetts Institute of Technology, and is Joseph Tyree Sneed III’s daughter.
Joseph Tyree Sneed III is Carleton S. Fiorina’s father, and was a judge for the U.S. Court of Appeals for the 9th Circuit.
Corporation of the Massachusetts Institute of Technology is the governing body for the Massachusetts Institute of Technology.
Dzhokhar Tsarnaev was captured on the Massachusetts Institute of Technology camera, and a 2013 Boston Marathon bombings bomber.
Tamerlan Tsarnaev was captured on the Massachusetts Institute of Technology camera, and a 2013 Boston Marathon bombings bomber.
One Fund Boston is a victim assistance fund for the 2013 Boston Marathon bombings.
Kenneth R. Feinberg is the administrator for One Fund Boston, and a director emeritus for the Human Rights First.
Harold H. Koh was a director at the Human Rights First, and a lawyer at Covington & Burling LLP.
Alex Kozinski was an attorney at Covington & Burling LLP, and is the chief judge for the U.S. Court of Appeals for the 9th Circuit.
Steven G. Bradbury was an associate at Covington & Burling LLP, and a deputy assistant attorney general for the Office of Legal Counsel.
Office of Legal Counsel is a division of the U.S. Department of Justice.
Jay S. Bybee was an assistant attorney general for the Office of Legal Counsel, an attorney at the U.S. Department of Justice, and is a judge for the U.S. Court of Appeals for the 9th Circuit.
Anthony M. Kennedy was a justice for the U.S. Court of Appeals for the 9th Circuit, Jack L. Goldsmith was his clerk, and is a justice for the U.S. Supreme Court.
Jack L. Goldsmith was Anthony M. Kennedy’s clerk, and an assistant attorney general for the Office of Legal Counsel.
Dawn E. Johnsen was a director nominee, acting assistant attorney general for the Office of Legal Counsel, counsel for the American Civil Liberties Union (ACLU), and is a director at the American Constitution Society.
Elizabeth M. Brown was an attorney adviser for the Office of Legal Counsel, and an executive director for the American Constitution Society.
Eric H. Holder Jr. was a board member for the American Constitution Society, the attorney general at the U.S. Department of Justice, a trustee at the Morehouse School of Medicine, and is a partner at Covington & Burling LLP.
Morehouse School of Medicine is a medical school at Morehouse College.
Jerome Farris was a trustee at the Morehouse College, and a judge for the U.S. Court of Appeals for the 9th Circuit.
Jay S. Bybee is a judge for the U.S. Court of Appeals for the 9th Circuit, was an attorney at the U.S. Department of Justice, and an assistant attorney general for the Office of Legal Counsel.
Steven G. Bradbury was a deputy assistant attorney general for the Office of Legal Counsel, and an associate at Covington & Burling LLP.
Michael Chertoff is a senior of counsel at Covington & Burling LLP, a co-founder & chairman for the Chertoff Group, the chairman for BAE Systems Inc., was an assistant attorney general for the U.S. Department of Justice, a secretary for the U.S. Department of Homeland Security, William J. Brennan Jr’s clerk, and a judge for the Third Circuit Court of Appeals. 
Jayson P. Ahern is a principal for the Chertoff Group, and was an acting commissioner for the U.S. Customs and Border Protection.
Covington & Burling LLP is the lobby firm for BAE Systems Inc.
Lee H. Hamilton is a director at BAE Systems Inc., and a co-chair for the Independent Task Force on Immigration and America's Future.
William J. Brennan Jr.’s clerk was Michael Chertoff & Virginia A. Seitz, and was a justice for the U.S. Supreme Court.
Virginia A. Seitz was William J. Brennan Jr.’s clerk, an assistant attorney general for the U.S. Department of Justice, an assistant attorney general for the Office of Legal Counsel, and is a partner at Sidley Austin LLP.
Office of Legal Counsel is a division of the U.S. Department of Justice.
Jay S. Bybee was an assistant attorney general for the Office of Legal Counsel, an attorney at the U.S. Department of Justice, and is a judge for the U.S. Court of Appeals for the 9th Circuit.
Michelle Obama was a lawyer at Sidley Austin LLP.   
Barack Obama was an intern at Sidley Austin LLP.
Mark A. Angelson was a partner at Sidley Austin LLP, and a director at the Human Rights First.
James D. Zirin was a partner Sidley Austin LLP, and a director at the Human Rights First.
William D. Zabel is the chair for the Human Rights First, was a trustee at the Foundation to Promote Open Society, and George Soros’s divorce lawyer.
Kenneth R. Feinberg is a director emeritus for the Human Rights First, and the administrator for One Fund Boston.
One Fund Boston is a victim assistance fund for the 2013 Boston Marathon bombings.
Dzhokhar Tsarnaev was a 2013 Boston Marathon bombings bomber, and captured on the Massachusetts Institute of Technology camera.
Tamerlan Tsarnaev was a 2013 Boston Marathon bombings bomber, and captured on the Massachusetts Institute of Technology camera.
Corporation of the Massachusetts Institute of Technology is the governing body for the Massachusetts Institute of Technology.
Carleton S. Fiorina was a member of the Corporation of the Massachusetts Institute of Technology, and is Joseph Tyree Sneed III’s daughter.
Joseph Tyree Sneed III is Carleton S. Fiorina’s father, and was a judge for the U.S. Court of Appeals for the 9th Circuit.

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