20 Step Refugee Vetting Process, Nuts…

Posted on February 6, 2017February 6, 2017 by Denise Simon

So, that is the process, allegedly done with extreme scrutiny…ahem. But what about those that come into the United States by other nefarious methods such as sneaking across our borders? They get a pass?

It is the exact time in our country to have this debate and the arguments must include the safety and financial consequences, both of which never are part of the wider discussion.

California is working to become a sanctuary state, putting all other CONUS states at extreme risk as people can travel freely. (CONUS = Continental United States).

San Francisco is at the hub of the issue, how so? The mayor via the police force refuse any collaboration as noted below:

SFPD Cuts Ties With FBI’s Joint Terrorism Task Force

San Francisco Police Department officials announced Wednesday that they have suspended participation with the FBI’s controversial Joint Terrorism Task Force.

According to San Francisco Police Commission protocol, all contracts require approval by the Board of Supervisors after 10 years.

The JTTF Memoranda of Understanding was signed in 2007, so that time has come, according to department officials.

The department will update its guideline for First Amendment activities and will “seek clarification” from the Police Commission as to this guideline’s application to JTTF investigations.

Once that new guideline is adopted, the department may consider renegotiating the JTTF memoranda with the FBI with guidance from the police commission.

Last month, the Asian Law Caucus, the Council on American-Islamic Relations’ San Francisco Bay Area office and the American Civil Liberties Union of Northern California sent a letter to San Francisco Police commissioners urging them to cease the department’s participation in the JTTF.

In the Jan. 5 letter, the groups speculate that, following President Donald Trump’s inauguration, the JTTF would likely increase surveillance of Muslim communities like the New York City police did after Sept. 11, 2001.

According to the FBI, 71 JTTF field offices have been established since 2001. The first was established in New York City in 1980.

“The SFPD is committed to public safety and will continue to work diligently to keep San Francisco safe for everyone,” San Francisco police Sgt. Michael Andraychak said in a statement.

(That last statement gets a BIG REALLY DUDE?)

*** Back in 2008:

Refugee Program Halted As DNA Tests Show Fraud

Thousands in Africa Lied about Families To Gain U.S. Entry

The State Department has suspended a humanitarian program to reunite thousands of African refugees with relatives in the U.S. after unprecedented DNA testing by the government revealed widespread fraud.

The freeze affects refugees in Kenya, Ethiopia, Uganda, Guinea and Ghana, many of whom have been waiting years to emigrate. More here from the WSJ. Lying and making up ghost people to get other permits? Hah….

*** Back in 2004, as a result of the 9/11 Commission Report on the issue of immigration, many robust recommendations were made of which all members of Congress at the time signed off on. They need to be reminded of that, as does the California legislature at a minimum. But going deeper in factual history, others need to be reminded of the following: (In part from Migration Policy dot org.)

Kerry Outlines Ideas on Immigration Reform

Democratic presidential candidate John Kerry on June 30 announced his platform on immigration reform. In a speech to the National Council of La Raza’s national conference, Kerry said that within 100 days of taking office, he would propose a four-part plan that would give “good people who are undocumented but living here, working here, paying taxes, [and] staying out of trouble . . . a path to equal citizenship.” In addition, he said that immigrants would be required to take civics and English classes. Kerry also promised to sign two bills currently pending in Congress: the AgJobs agricultural worker program, and the DREAM Act, which would allow young, out-of-status immigrants to pay in-state tuition rates while attending college. Both bills create a path for immigrants to eventually receive legal resident status.

In an interview with the Spanish-language network Telemundo on June 29, Kerry took stances on other immigration-related issues. He stated that granting driver’s licenses to undocumented immigrants violated the spirit of the law, and that immigration authorities had the right to perform raids to capture unauthorized immigrants who had broken other laws. Some analysts believe that Kerry’s comments regarding driver’s licenses could hurt his standing with Latino voters in the election. Nevertheless, the Washington Post reported on July 22 that Kerry currently has a 2 to 1 advantage over his opponent, President George W. Bush, among registered Latino voters.

Hmong Refugees Resettled to the United States

Around 15,000 Hmong refugees are expected to arrive in the United States this year. The first members of the group have already reached the U.S., and up to 3,000 more are expected by the end of August, with the remainder arriving by the end of 2004. The new arrivals fled their native country because of persecution they suffered due to their alliance with the U.S. during the Vietnam War. One third of the refugees will be resettled to Minnesota, a third will be sent to California, and the rest will be distributed among more than a dozen other states. Many of the refugees have been living illegally in a makeshift camp in Thailand, having passed up the opportunity for resettlement to the United States in the 1980s and 1990s as they clung to the hope of returning to Laos. Because the Thai military plans to close the camp by the end of 2004, most residents plan to accept the resettlement opportunity offered by the U.S. Department of State.

The refugees will receive initial assistance from U.S. resettlement agencies, which will help meet basic needs such as housing, school, language, employment, and health services. To fund these services, the U.S. Department of Health and Human Services on June 24 announced an additional $3.3 million allocation for Hmong resettlement costs. After one year of living in the U.S., refugees can apply to adjust their status to permanent residency and acquire a “green card.” They eventually become eligible for citizenship. In addition, unlike other immigrants, refugees are not barred from receiving welfare benefits in their first seven years of residence in the United States. The next group of Hmong refugees, approximately 2,000 individuals, is expected to arrive by the end of August.

U.S and Mexico Sign Pact on Social Security

The United States and Mexico on June 29 signed a pact enabling Mexican workers in the U.S. and American workers in Mexico to transfer social security benefits across national borders. The pact is similar to international Social Security agreements the U.S. has with Britain and Canada, and allows workers to contribute to only one benefits system at a time. According to estimates by U.S. Social Security officials, only 7,500 U.S. citizens working in Mexico will qualify for retirement benefits, as compared to 41,000 Mexican employees likely to qualify for Social Security in the United States. Even so, the plan will have an initially limited effect because it excludes, unless or until they are legalized, an estimated six to eight million undocumented Mexican workers currently employed in the United States. While the pact will not become law without legislative approval, the United States Congress and the Mexican Senate are expected to pass the measure; U.S. lawmakers have routinely approved similar agreements with 20 other nations. (For more information on International Agreements of the Social Security Administration, see this January 2004 Migration Policy Institute Immigration Fact Sheet)

State Department Halts Mail Renewal of Visas

The Department of State on July 16 stopped accepting applications for mail renewals of visas. Under the new policy, announced on June 23, foreigners who work in the United States must return to U.S. embassies abroad to be interviewed and fingerprinted for visa renewal. The policy, which does not apply to foreign diplomats or employees of international organizations, is part of the U.S. effort to improve border controls after the September 11, 2001 attacks. State Department spokesman Richard Boucher stated that the switch was made to overseas processing because of the better capacity of U.S. embassies abroad to interview and fingerprint visa applicants. More than 50,000 people from more than 60 countries were processed in 2003.

Foreign Service Personnel Dissent Letter to Pres. Trump

Posted on January 30, 2017January 30, 2017 by Denise Simon

We heard last week that several top policy people at the State Department left their positions. The State Department has a culture of very lenient diplomacy where few governments are ever disciplined or rebuked for decisions and actions that counter agreements, treaties, human rights and more. Iran is the topic example.

Now we have the next level of State Department personnel that are pushing back hard on President Trump’s Executive Order on suspension of travel visas and travel bans from listed countries. Secretary of State nominee, Rex Tillerson when confirmed will have a rank and file challenge on his hands.

Perhaps those behind the signatures on this dissent letter could answer some questions on the recommendations made by the 9/11 Commission Report where the entire chapter was dedicated to immigration of which every member of Congress, both sides of the aisle signed in approval to accept the recommendations and work to implement. (Pre 9/11 status quo has infected diplomacy again)

Countless foreign service officers have drafted a memo to the White House.

LawFareBlog: Numerous Foreign Service officers and other diplomats have drafted a dissent memo expressing opposition to President Donald Trump’s executive order banning refugees and immigrants from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States. ABC reported this morning on the draft, which is likely to be submitted today.

Here’s a copy of the actual draft. We are hearing that literally hundreds of foreign service officers are planning to be party to the dissent memo; it’s still unclear exactly how many. We have redacted all names and personally identifiable information from this document.

**

(First page on the left) The State Department’s Dissent Channel is a mechanism for employees to confidentially express policy disagreement, created in 1971 as a response to concerns within the Department over the government’s handling of the Vietnam War. Authors of a memo submitted through the Channel, which is open to all regular employees of the State Department and USAID, may not be subject to any penalty or disciplinary action in response. Once a memo is submitted, the Secretary of State’s Policy Planning Staff must acknowledge its receipt within two working days and will usually distribute it to the Secretary of State, the Deputy Secretary of State, the Under Secretary for Political Affairs, the Chairperson of the Open Forum, and, if the memo’s author is employed by USAID, by the head of that agency as well. Taking into account the wishes of the author, the memo may also be distributed more broadly within the State Department and may be done so anonymously.

The ultimate significance of the channel is that memos must receive a substantive response within 30-60 working days

The First call and Next Putin/Trump Phone Call?

Posted on January 29, 2017January 29, 2017 by Denise Simon

President Trump spoke with Vladimir Putin on Saturday and the readouts of the calls from both sides don’t quite match. Notwithstanding, is this the real reason for the call?

News has been circulating on the internet since Friday[27 Jan]stating that Syrian President Bashar al-Assad is experiencing serious health problems. Some media outlets said that Assad had suffered a stroke; while others said that he was shot and has been taken to Damascus Hospital for treatment.

France’s Le Point, speculated that Assad might have been assassinated by his personal Iranian Bodyguard Mehdi al-Yaacoubi, going so far as to say that he shot him in the head.

Lebanese newspaper, al-Mustaqbal, quoted “reliable sources” as saying that Assad suffered from a cerebral infraction and was transferred to Damascus Hospital where he is being treated under high security.

As for the Saudi newspaper Okaz, Assad is suffering from a “brain tumor.” He tried to cover up his illness through short and frequent appearances. According to its sources, Assad is being treated by a Russian-Syrian medical team on a weekly basis, adding that he has undergone medical tests when he was in Moscow in October.

Pro-Syrian regime Lebanese newspaper al-Diyar reported on Friday that Assad suffered from a stroke, but denied the news today.

There were also rumors that Assad is at the American University Hospital

(AUH) in Beirut. However, Al Arabiya contacted the hospital and no information on the issue was given. Al Arabiya has also tried to contact Damascus Hospital, but there has been no response. On the other hand, in a statement carried by the Presidency of the Syrian Arab Republic page on Facebook, Syrian authorities said that such rumors were incorrect.

***

Meanwhile, not being able yet to add credibility to the rumors above, on to the next call and when….

***

Arab no more: Russia plans Syria name change in draft constitution

A draft Syrian constitution prepared by Russia suggests that the word “Arab” will be removed from the official name of the Syrian Arab Republic, currently ruled by a faction of the pan-Arab nationalist Baath Party.

Russia’s constitutional proposals were revealed during the Astana peace talks this week, according to Sputnik.

As far back as June 2016, the state-owned Russian news agency reported: “Russia suggested that Syria should change its official name from the Syrian Arab Republic to the Republic of Syria, in order to appeal to ethnic minorities such as Kurds and Turkmen.”

Pre-war Syria had a 74 percent majority Arab population; nine percent were Kurds and there were about 100,000 Turkmen. More here.

Russia to Hand over Large Number of Armored Vehicles to Syrian Army

The activists released several images in social networks showing several groups of the Russian armored vehicles of Vodnik in Tartus port in Mediterranean Sea.

The activists also said that the Syrian army will receive the Russian armored vehicles soon. Military journalists underlined that deployment of high-speed Vodnik armored vehicles along with T90 tanks will help the Syrian army in the war on terrorism.

The Arabic desk of massdar news said it seems that these armored vehicles have been imported to equip Faylaq al-Khames forces that were formed by the Syrian army and Russia’s full military back up.

Media sources disclosed on Saturday that the Russian Armed Forces would likely send back a number of soldiers and military hardware to Humeimim base in Lattakia province to reinvigorate their forces’ combat capabilities again. The Russian language Nezavisimaya Gazeta daily said Russia seemed to redeploy its forces and equipment to the Humeimim base after the Astana peace talks.

The daily opined that liberation of Aleppo had not been a turning point in war on ISIL terrorists in Syria and Moscow made a hurried decision when started to withdraw a part of its forcers and equipment from Syria.

***

In part from Newsweek: Buried within the U.S. intelligence community’s report on Russian activities in the presidential election is clear evidence that the Kremlin is financing and choreographing anti-fracking propaganda in the United States. By targeting fracking, Putin hopes to increase oil and gas prices, destabilize the U.S. economy and threaten America’s energy independence.

Fracking, or hydraulic fracturing, is a decades-old drilling technique in which water and sand is pumped through rock at a high pressure to release previously unreachable deposits of oil and natural gas.

Thanks to new technologies which are making the process more efficient and environmentally friendly, fracking now supports 4.3 million jobs and generates about half a trillion dollars in economic benefit to the United States every year. Additionally, natural gas prices have dropped in half thanks to the corresponding boost in supply, saving American families an average of $200 a year.

Fracking is the major reason why the United States is on pace to become completely energy independent by 2020. America relies on fracking to produce more than 1.5 billion barrels of oil a year — over half of the total U.S. oil output.

Russia sees all this as a threat. More here from Newsweek.

Or could the next conversation include Afghanistan?

Challenging the U.S., Moscow Pushes Into Afghanistan

WSJ: Russia is making fresh inroads into Afghanistan that could complicate U.S. efforts to strengthen the fragile Kabul government, stamp out the resilient Taliban insurgency and end America’s longest war.

Moscow last month disclosed details of contacts with the Taliban, saying that it is sharing information and cooperating with the radical movement on strategy to fight the local affiliate of Islamic State.

Trump Approved CT al Qaeda Operation in Yemen, 1 Dead

Posted on January 29, 2017January 29, 2017 by Denise Simon

FoxNews NYMag

In part from the Defense Department press release: The raid is one in a series of aggressive moves against terrorist planners in Yemen and worldwide, according to the Centcom release. Similar operations have produced intelligence on al-Qaida logistics, recruiting and financing efforts.

A US commando died and three others were wounded in a deadly dawn raid on the al-Qaeda militant group in southern Yemen, which was the first military operation authorised by US President Donald Trump.

The US military said 14 militants died in the attack on a powerful al-Qaeda branch that has been a frequent target of US drone strikes.

Medics at the scene, however, said around 30 people, including 10 women and children, were killed.

The gunbattle in the rural Yakla district of al-Bayda province killed a senior leader in Yemen’s al-Qaeda branch, Abdulraoof al-Dhahab, along with other militants, al-Qaeda said.

Eight-year-old Anwar al-Awlaki, the daughter of US-born Yemeni preacher and al-Qaeda ideologue Anwar al-Awlaki, was among the children who died in the raid, according to her grandfather. Her father was killed in a US drone strike in 2011.

“She was hit with a bullet in her neck and suffered for two hours,” Nasser al-Awlaki told Reuters. “Why kill children? This is the new (US) administration – it’s very sad, a big crime,”

The US military said in a statement that the raid netted “information that will likely provide insight into the planning of future terror plots”.

The American elite forces did not seize any militants or take any prisoners offsite, said a US military official who spoke on condition of anonymity.

The three commandos who were injured were hurt when a military aircraft experienced a hard landing and was “intentionally destroyed in place,” the Pentagon said.

“The operation began at dawn when a drone bombed the home of Abdulraoof al-Dhahab and then helicopters flew up and unloaded paratroopers at his house and killed everyone inside,” said one resident, who spoke on condition of anonymity.

“Next, the gunmen opened fire at the US soldiers who left the area, and the helicopters bombed the gunmen and a number of homes and led to a large number of casualties.”

A Yemeni security officer and a local official corroborated that account. Fahd, a local resident who asked that only his first name be used, said several bodies remained under debris and that houses and the local mosque were damaged in the attack.

In a message on its official Telegram messaging account, al Qaeda mourned al-Dhahab as a “holy warrior” and other slain militants, without specifying how many of its fighters were killed.

***

Related reading: Ex-Guantanamo detainee now al Qaeda leader in Yemen

***

Commandos from the Navy’s SEAL Team 6 carried out the surprise dawn attack in Bayda Province in a ground raid that lasted a little less than an hour. A military aircraft assisting in the operation crash-landed nearby, leaving two more service members injured, the statement said. That aircraft, identified by a senior American official as an MV-22 Osprey sent to evacuate the troops wounded in the raid, was unable to fly after the landing and was intentionally destroyed by American airstrikes. More here from NYT’s.

****

From 2009 and it is germane today:

Al‐Qa’ida represents itself as the vanguard of the Muslim community, committed to upholding Islamic values and defending Muslim people against Western forces, but its behavior represents a callous attitude toward the lives of those the group claims to protect. Al‐ Qa’ida absolves responsibility for the deaths of Muslims by claiming that they are either martyrs or apostates. The definition of apostate, however, varies considerably. Al‐ Qa’ida considers any Muslim that impedes their struggle by working with the West or an unfriendly regime as an apostate, and therefore a legitimate target. This includes Muslims serving in the armed forces, serving as police officers, and even those occupying civilian jobs. Al‐Qa’ida makes convenient use of this designation to justify its indiscriminate use of violence.
To justify the killing of innocent Muslims, or martyrs, al‐Qa’ida references a shari’a rule called al‐tatarrus. Al‐tatarrus refers to the use of human shields, the practice of avoiding hostility by hiding behind others. Muslims are not supposed to kill other Muslims, and historically, enemies used this prohibition against Muslim military forces by surrounding themselves with other Muslims. Muslims found the al‐tatarrus rule was a strategic liability and looked for ways to circumvent the ban. The notion that it is okay to kill Muslims being used as human shields, is not widely invoked or discussed in other contemporary circles. Al‐Qa’ida resurrected the term to justify the killing of innocents, arguing that these people were essentially human shields, and if innocent, they died martyrs. Among the only justifications for this obscure rule is Abu Yahya al‐ Libi’s book entitled “Al‐Tatarrus in the Modern Jihad,” and Ayman al‐Zawhiri cited this source during his open forum referenced above.15 Al‐Qa’ida has acknowledged that assailants should be patient and wait for the right time to carry out attacks (in martyr videos and announcements), but this report shows there is scant evidence of prudence or effort to limit violence. Irrespective of al‐Qa’ida’s justifications, if history provides a glimpse into the future, the group and its associates will pose the greatest threat to fellow Muslims. Read more here.

For Trump: Inter arma enim silent leges

Posted on January 29, 2017January 29, 2017 by Denise Simon

Translation: For among times of arms, the laws fall mute. But is this true?

Much opposition was forced on President GW Bush for his actions by executive order and presidential findings directly after the 9/11 attack. Bush ordered countless legal authorities inside and outside government for legal decisions on every step he took including that of ‘enhanced interrogation techniques’.

We have a major debate that will not be solved any time soon on the legality of the President Trump executive order on the refugee question which has caused major protests and legal action already as we see detentions of foreign nationals at airports. All executive orders are subject to judicial review. Presidents have been given the option of using extraordinary power and in many cases that is a good condition, yet in the matter of law, there have been without question many abuses.

This post is not meant to form any conclusion on the legal veracity of this executive order, rather it is designed to add it more facts and additional questions moving forward. President Trump has a mess to clean up left by Barack Obama, of this, there is no dispute. The White House did take action at the stroke of the pen to begin to make America safer, however was this action taken too soon and without legal opinions including that of the Office of Legal Council? That has not been answered.

So, here are some items that must be included in this debate that extends the whole view and argument.

These are not in any specific order so the reader can individually prioritize.

Should President Trump have set an effective date of this Executive Order?
How was TSA, DHS and all other associated agencies briefed on those already in transit and with validated travel documents in hand?
Did the White House consider exemptions or waivers for those that have been vetted previously that worked or work for the USG in some capacity?
Why were some countries on this list while others were not? The San Bernardino shooters were from Pakistan, but do we need Pakistan for the war in Afghanistan?
The majority of the terrorists on 9/11 were from Saudi Arabia and yet Saudi was omitted from the list, why? Could it be that Trump had/has business interests there or because some that were formally in the Kingdom did aide often the United States when it came to terror like in the case of kidnapped CIA operative William Buckley in Beirut of which the Saudis helped finance his recovery? It is without question the Saudis dislike Iran as much as the United States.
We have seen millions of refugees enter all parts of Europe in recent years and yet they can enter the United States under the ‘visa waiver’ program. Did the Trump White House take this under full consideration? The answer is a ‘kinda, yes’ they did but that review has been ordered and not yet deployed.
We have countless refugees and asylees entering the United States from our southern border, but was Mexico on the list? No, yet we don’t know either if the phone discussion President Trump had with President Nieto, this topic was addressed.
There are in fact limitations to who can be accepted into the United States under 8 U.S. Code S 1182 and applying those restrictions remain in the authority of the President while waivers can be issued and it is germane to ask if this law has been considered.
Refugees too have rights and legal protections which was in fact determined after WW II and we have witnessed millions in the Middle East that are forced to live outside their homeland in camps that are simply inhumane. So when it comes to the ‘huddle masses’, the United States does have a responsibility however, the genesis of the current refugee/asylee issue remains with Susan Rice, Barack Obama and Hillary Clinton. The solution in the long term is almost impossible for President Trump and his team to solve unless the hostilities and conflicts in the Middle East are solved.
The protests of those standing against the Trump executive order was not spontaneous, nor were those immediate lawsuits against this temporary refugee ban. Following the money and the continued chaos will not soon go away. What is the proper counter-measure going forward? A question that remains without an answer.
In 2011, Obama did ban Iraqis wanting to enter the United States and this was in fact the exact year the United States pulled out in total from Iraqi. Obama did however issue some selective waivers. The concern for Obama at the time was the matter of two people in Kentucky plotting a terror attack. This alone is a single great argument for Trump’s action and Senator Schumer should be reminded as should Nancy Pelosi. But it is not the full argument as noted by the items above.
It should be noted the actions of President Carter who ordered all Iranians to leave the United States and cut all interactions with Iran with few exceptions.

There are historical events that do offer President Trump great legal standing that is unless courts will rule otherwise in upcoming cases.

ABC: Over the veto of President Woodrow Wilson, Congress passed the 1917 Immigration Act amid social outcry over national security during World War I. According to the Office of the Historian of the U.S. Department of State, the legislation extended to barring most Asian nation immigration overall, with the exception of Japan, which was protected by a prior bilateral diplomatic agreement, and the Philippines, then a U.S. colony.

The act was officially repealed by the Magnuson Act in 1943, in the context of the U.S. alliance with China against Japan during World War II. Still, actual Chinese immigration to the U.S. remained capped at 105 persons a year until 1965.

National Origins Formula

For the first time in the 1920s — through the Emergency Quota Act of 1921 and the Immigration Act of 1924, or the Johnson-Reed Act — the U.S. further restricted immigration by establishing a wide-scale quota system based on national origins. According to the Office of the Historian of the U.S. Department of State, in addition to putting a blanket ban on immigration from Asian countries, now including Japan in the case of the Johnson-Reed Act, the national origins immigration policies also had the effect of reducing immigration from southern and eastern Europe.

According to a 2015 report by the Pew Research Center about 20th century U.S. immigration, the impact of the system was intended to “try to restore earlier immigration patterns by capping total annual immigration and imposing numerical quotas based on immigrant nationality that favored northern and western European countries.”

The U.S. immigration system remained based on the national origin of would-be immigrants until the passage of the Immigration Act of 1965 during the presidency of Lyndon B. Johnson.

“It was designed for racist reasons,” said Steve Legomsky, professor of law at the Washington University School of Law in St. Louis, referring to the national origins system as well as the prior exclusion of Asian immigrants. “Today, I don’t think that’s what’s driving the immigration ban [proposed by Trump]. I think it’s more a fear of terrorism and a concern for national security.”

Legomsky, who was also formerly the chief counsel of U.S. Citizenship and Immigration Services, added that “the impulses are different [now], but the effect is the same.”

In summary, this article is hardly complete with all the facts and laws, rather it is meant for the reader to consider a wider range of moving parts while inviting the reader to individually research more before an ‘all in’ as full support of Trump’s executive action be assumed.

Your comments are invited and encouraged.

In closing, it was in 2014 that now deceased Justice Scalia said, in times of war, laws fall silent.