I am not in the least bit interested in defending POTUS Trump but am interested in facts. I am also interested in #fakenews and also how this is said to affect immigrants in general and Muslims in particular.
Now, under review is specifically the January 27, 2017 AD Executive Order from which I will review what it sates regarding the reasons for it, what it state about immigrants in general, those of specific nationalities, what it states about religion and the timeline of the process it lays out.
The Order is a suspension of “entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days” from January 27. It may be interesting to recall ABC News’ report “Exclusive: US May Have Let ‘Dozens’ of Terrorists Into Country As Refugees” by James Gordon Meek, Cindy Galli and Brian Ross in November 20, 2013 AD.
Barack Obama’s State Department “stopped processing Iraq refugees for six months in 2011…even for many who had heroically helped U.S. forces as interpreters and intelligence assets. One Iraqi who had aided American troops was assassinated before his refugee application could be processed, because of the immigration delays, two U.S. officials said. In 2011, fewer than 10,000 Iraqis were resettled as refugees in the U.S., half the number from the year before, State Department statistics show.”
Trump’s “90 days” is “excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas.” As we shall see, there are various references to “case-by-case basis” according to which the Order and thus the ban is not applicable at all.
REASONS
The reasons are basically good ol’ fashioned protect America one liners beginning with the Order’s titled which is, “Protecting the Nation from Foreign Terrorist Entry into the United States.” It refers to seeking “to protect the American people from terrorist attacks by foreign nationals admitted to the United States…detecting individuals with terrorist ties and stopping them from entering the United States…The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism…prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.”
Sec. 4. “Implementing Uniform Screening Standards for All Immigration Programs” states, “identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission.”
Sec. 5. “Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017” states, “The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days…to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States.”
Etc., etc., etc., you get the picture.
Yet, many are complaining that those who already have visas are still being held up. Well, the Order explains why—again, my point is not to defend but merely to elucidate so whether you think the explanations are valid or not is another issue.
Section 1. is titled “Purpose” and refers to “The visa-issuance process” explaining the following within the context of the 911 tragedy:
…State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans.
And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program.
Thus, this is the reason why even those with visas are being delayed as they undergo re-review.
Sec. 3. “Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern” states that US agencies “shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.”
More than general patriotism-speak as to why the Order is being signed in the first place are some specifics such as that it is to seek to “ensure”:
…that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law…should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.
So all personages including women and the LGBTQP personages should be thankful.
The Order seeks “To temporarily reduce investigative burdens on relevant agencies…and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals.”
RELIGION
The Order does not refer to any specific religion. As per above, it seeks to bar the entry of those who seek to engage in “the persecution of those who practice religions different from their own.”
It orders that the US is to “prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.” The meaning of this and a further statement is that if the immigrant is of the same religion as the majority of the country they are leaving then the immigrant is not to be as prioritized as if they are from a minority religion in comparison to the country’s majority. This makes sense as minorities are more likely to be persecuted.
Another point is that “Notwithstanding the temporary suspension imposed pursuant to subsection (a)” which refers to the overall 90 day suspension of immigration:
…the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion…including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship — and it would not pose a risk to the security or welfare of the United States.
This pertains to “prioritization of claims made by individuals on the basis of religious-based persecution.” Thus, case-by-case exceptions can be made so as to protect those suffering persecution.
SALIENT POINTS
A most relevant statement is that “on a case-by-case basis, and when in the national interest” the agencies involved may actually “issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.” Thus, in such cases the Order is not applicable at all.
Also, “Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures” and “120 days after the date of this order” USRAP admissions will be resumed “only for nationals of countries” which have cooperated with the US with regards to the Order’s context.
The Order promulgates that the relevant agencies “immediately suspend the Visa Interview Waiver Program” so as to “ensure compliance” with a law which “requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.”
Sec. 7. “Expedited Completion of the Biometric Entry-Exit Tracking System” seeks just that, the “implementation of a biometric entry-exit tracking system for all travelers to the United States.”
AFFECTED COUNTRIES
Only one country is actually mentioned within the Order, “the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until…sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest” although we must keep the case-by-case exclusions in mind.
Now, the Order states, “that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States.” I checked the document to which the citation refers and found no counties listed therein so I am unsure what to make of that. Generally, reports notes that the specified countries are: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.
A more general statement is made to the effect that “the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States” and that the Order is meant to “suspend any such entry until such time as I [Trump] determine that additional admissions would be in the national interest.”
TRANSPARENCY
An interesting aspect of the Order is Sec. 10. “Transparency and Data Collection. (a) To be more transparent with the American people” which is to “collect and make publicly available within 180 days, and every 180 days thereafter” on the following issues. First, note that this is to be “consistent with applicable law and national security” so that at any time they can withhold such info under the vague claim of “national security”—capiche?
These reports to the American people are to include:
(i) information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to a terrorism-related organization, or any other national security reasons…
(ii) information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and
(iii) information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later; and
(iv) any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.
TIMELINES
Within 30 days: “a list of countries that do not provide adequate information” regarding the immigrants in question.
Within 60 days: request “all foreign governments that do not supply such information to start providing such information regarding their nationals.”
After the 60-day period: “a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals” excluding those holding the visas mentioned above “from countries that do not provide the information.”
Progress reports “on the in implementing this order” are due within 30, 60, 90 and 120 days by the Secretaries of State and Homeland Security.
Also a “report on the progress of this directive” within 60, 100 and 200 days by the Secretary of Homeland Security, the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation.
Reports “regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 and 200 days by the Secretary of State.
Periodic reports “on the progress” within 100, 200, 365 and every 180 days thereafter “until the system is fully deployed and operational” by the Secretary of Homeland Security.
Lastly—and believe me I spared you most of the government speak, the pursuant to this and that and the according to subsection the other, etc.—let us leave off with a little comedy from the Seinfeld TV show episode 55, “The Visa”:
I am for open immigration, but that sign we have on the front of the Statue of Liberty, “Give us your tired, your poor, your huddled masses…” can`t we just say, “Hey, the door’s open, we’ll take whoever you got”?
Do we have to specify the wretched refuse? I mean, why don’t we just say, “Give us the unhappy, the sad, the slow, the ugly, people that can’t drive, that they have trouble merging, if they can’t stay in their lane, if they don’t signal, they can’t parallel park, if they’re sneezing, if they’re stuffed up, if they’re clogged, if they have bad penmanship, don’t return calls, if they have dandruff, food between their teeth, if they have bad credit, if they have no credit, missed a spot shaving, in other words any dysfunctional defective slob that you can somehow cattle prod onto a wagon, send them over, we want ’em.”
Here is a literal illustration of #fakenews and how it spreads. This shows the politicususa.com article, “Here Is The Full Text Of Trump’s Muslim Ban Executive Order That Trashed American Democracy” and how it spread online. How anyone could actually read “The Full Text Of Trump’s…Executive Order” and conclude that it is a “Muslim Ban” that has “Trashed American Democracy” is indicative of our emotive poop-culture: emotions first and realignment of “thoughts” to match emotions later. Note that there has been zero fact-checking.
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