• Dark Threads of Immigration in America

    February 8, 2017 // 90 Comments »



    For those who say “This is not who we are,” well, look again. It all seems to be exactly who we are and have been.

    President Donald Trump’s executive order banning travelers, immigrants and refugees from seven predominantly Muslim countries is only the latest twist of dark threads that have always been present in America and its immigration policy. The executive order is not unprecedented. It is evolutionary, predictable, nearly an inevitable step.



    The Seven Targeted Countries

    Begin with the targeted countries, Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. America has bombed or used drones and special forces in six of them, and attacked the seventh with cyberwar. The Muslims there have suffered far in excess of a travel ban at the hands of America. Indeed, many of the refugees leaving those nations became refugees as a result of American war-making, often under the guise (Libya, Iraq, Syria) of “protecting” those people from an evil dictator, some Sunday morning talk show version of genocide, or a red line few outside the White House could see.

    The countries in Trump’s executive order have long been singled out for special treatment under American immigration law.

    Though Trump in his crude style talks about “extreme vetting,” such a process has been in place since the George W. Bush administration, continued under Obama, and is operating today. It has a nicer, if somewhat Orwellian name, “administrative processing.” On the list of nation affected: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. People from these nations, and a few others, go through an alternate visa processing procedure that delays their travel. The process involves various intelligence agencies vetting the traveler. Some applications are left to pend indefinitely, a de facto travel ban.

    The seven nations also were a part of the Bush-era Muslim registry, known as NSEERS.

    Trump’s seven nations also appear on an Obama-era list. That list, the equally Orwellian-named Visa Waiver Program Improvement and Terrorist Travel Prevention Act, disallows use of America’s visa-free travel program to persons who even once visited the targeted nations. So, for example, a British citizen otherwise eligible to enter the United States without a visa must instead appear for questioning at an American embassy abroad if she, for any reason, even as a journalist, stepped foot in Iran.

    That nations long-held to sponsor terrorism such as Saudi Arabia and Pakistan are not on Trump’s list is not surprising. They haven’t appeared on most of Bush’s or Obama’s lists either.



    Refugees Not Welcome

    Following Trump’s directives aimed at refugees it quickly became almost mandatory for celebrities and pundits to come up with a personal story or two about their family’s immigrant ties, and preach a bit about the Statue of Liberty and freedom.

    Left unsaid was that the number of refugees admitted to the United States is small compared to many other nations.

    The U.S. admitted a record number of Muslim refugees in 2016, some 38,901 of the nearly “>85,000 total refugees allowed into the U.S. Go back to 2006, and the total number of refugees admitted drops to under 50,000. Though there have been refugee “surges” into the United States such as Holocaust survivors following World War II (650,000 people) and the Vietnamese “boat people” (100,000) after the end of that war, Americans historically feared refugees, not welcomed them. Since 1980, the United States has accepted less than two million refugees overall, and 40 percent of those were children accompanying their refugee parent(s). The U.S. sets an annual ceiling on refugees admitted, currently 85,000. Refugee number 85,001, no matter how desperate her case, must wait until the next year.

    In contrast, among Syrians alone, Canada in 2016 took in about twice as many refugees as the United States. Some 25 percent of the entire population of Lebanon are refugees. Germany expects to admit 300,000 refugees from various nations in 2016, following close to one million in 2015.



    Discrimination by Nationality

    Following the 1965 Immigration and Naturalization Act, 8 U.S.C. 1152 Sec. 202(a)(1)(A) makes it unlawful to ban immigrants (i.e., Legal Permanent Residents, Green card holders) because of “nationality, place of birth, or place of residence.” The law however allows banning nonimmigrants such as tourists or students, as well as refugees, for almost any reason. Challenges to this are near-impossible. American courts have consistently upheld that they cannot exercise judicial reviewability over visa decisions made abroad in the specific, and more broadly, generally do not extend the protections of American law to foreigners outside the U.S. The Supreme Court has also long-acknowledged immigration law’s “plenary power” doctrine, which generally immunizes from judicial review the substantive immigration decisions of Congress and the executive branch.

    And even though legal immigrants are not banned by nationality or place of birth per se, restrictions on the number of legal immigrants from certain nations are limited to the point of near-virtual bans. For example, the restrictions are such that some Filipino and Mexican relatives of American citizens face a 24 year wait (another Orwellian term, “priority date”) for a Green card. It is not uncommon for applicants to pass away before their turn comes.



    Fear Itself

    However, the most evolutionary aspect of Trump’s executive action on immigration, and the inevitable hardening and expansion of such positions, is the underlying driver of it all: fear.

    The government of the United States, from September 12, 2001 through the present day, has constantly fanned the flames of fear of terrorism. Despite the well-known statistics of how an American here at home has a greater chance of being struck by lightning than dying in a terror act, that following 9/11 only a handful of Americans have fallen victim to acts of terror inside the United States, and despite the fact that few of any terror attacks inside the Homeland were committed by the poster child of fear, the foreign terrorist who infiltrates the U.S. specifically to do harm, Americans remain terrified.

    For over 15 years, three presidents have used fear (they called it security) as a justification for, well, nearly everything. And Americans bought the line nearly every time. Fear of the smoking gun being a mushroom cloud. Fear of terrorists slipping through the net justifying NSA spying on Americans. Fear of more terrorism justifying torture, drone attacks, leaving Guantanamo open, militarizing Africa, having us take our shoes off at the airport, not being able to bring a bottle of water on a plane, no longer being able to enter a growing range of buildings without some sort of security check and bag search, background checks, showing ID, and the No-Fly list. 30 American governors said they’d refuse to accept Syrian refugees into their states if they could.

    Trump’s use of executive orders to accomplish his immigration goals is also nothing new. Both Bush and Obama did the same. In fact, Franklin Roosevelt used an executive order to establish the World War II Japanese internment camps.



    The Ugly Truth

    Of course nothing Trump has done or has proposed regarding immigration will realistically make America safer. That is true, and it is irrelevant. Like much of the security theatre that has become normalized post-9/11, safety is not the point. Keeping fear alive and maintaining the politically-driven myth that government is on the job protecting the Homeland is what matters. Trump knows this, as did Obama and Bush.

    The ugly truth is despite the airport protests, a large number of Americans remain afraid of foreigners and want what Trump did. The ugly truth is there is unfortunately nothing here unique to the Trump era.



    BONUS: Those who focused last weekend on the two Iraqis who translated for the American military in Iraq at great risk to their lives and were detained at a New York airport may wish to read about the decades-long struggle of translators from Iraq and Afghanistan to escape those nations for fear of their lives, and the poor treatment they have received at the hands of now three administrations.


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    Copyright © 2017. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

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    Posted in Democracy, Post-Constitution America, Trump

    About the Irrelevancy Thing at State…

    July 19, 2012 // 4 Comments »




    I recently wrote about the State Department’s increasing irrelevancy. About one out of every four positions are unfilled or under-staffed, while the military continues to assume a greater and greater role in America’s relations with other countries. You can read more here.

    The article brought forth the usual handful of angry emails from offended Foreign Service Officers unable to cope with the cognitive dissonance of their own irrelevancy in a job they worked so hard to obtain and which constantly tells them they are some sort of elite special forces kind of thing as they file stuff in triplicate.

    So let’s poke our head under the rock at Foggy Bottom and see what State did today to assert its crucial importance to anyone but itself.

    The State Department issued a Worldwide Caution, nearly identical in wording to the same Worldwide Caution they have been re-issuing about every six months since the 9/11 wake up call. The purpose of this document is clear: “U.S. citizens are reminded to maintain a high level of vigilance and to take appropriate steps to increase their security awareness.”

    Well now, that seems important. Let’s drill down a bit. I bet you did not know this:

    Current information suggests that al-Qaida, its affiliated organizations and other terrorist groups continue to plan terrorist attacks against U.S. and Western interests in Europe. European governments have taken action to guard against terrorist attacks, and some have spoken publicly about the heightened threat conditions. In the past several years, attacks have been planned or occurred in various European cities.

    Or maybe this will shock you into a higher level of vigilance:

    Credible information indicates terrorist groups also seek to continue attacks against U.S. interests in the Middle East and North Africa. For example, Iraq remains dangerous and unpredictable.


    Of course, not all the advice is so… generic. If you are planning a yacht trip off the coast of Somalia, the State Department quite correctly reminds you:

    The U.S. government maritime authorities advise mariners to avoid the port of Mogadishu and to remain at least 200 nautical miles off the coast of Somalia. In addition, when transiting around the Horn of Africa or in the Red Sea, it is strongly recommended that vessels travel in convoys and maintain good communications at all times.

    Now I bet a lot of mariners planning a casual transit around the Horn o’ Africa enroute to the spice trade would not have thought to maintain good communications. Noted!

    A Safe Trip Abroad

    The Worldwide Caution refers you to an online State Department pamphlet, A Safe Trip Abroad, that appears to have been written in 1955 by the Beaver’s mother. “To help avoid becoming a target, do not dress in a way that could mark you as an affluent tourist,” it scolds. “If you wear glasses, pack an extra pair.” “Bring travelers’ checks.” Do they even sell those anymore? Has anyone tried to cash a travelers’ check in this decade? “If possible, lock your luggage.” Oops, if you do that TSA will simply break the lock to inspect your underwear before you even board the plane. “Make two photocopies of your… airline tickets.” R i g h t… who out there is old enough to even remember paper aero-plane tickets?

    It is not that this information has not been updated since 1989, but look at this paragraph:

    Before you go, learn as much as you can about the local laws and customs of the places you plan to visit. Good resources are your library, your travel agent, and the embassies, consulates or tourist bureaus of the countries you will visit.

    That is precious. Is it because most State Department offices don’t have web access yet that they still use libraries, travel agents and tourist bureaus? Do State travelers hope to pick up paper maps at local petrol stations enroute to the steamship or dirigible port?

    Here ara a few things the State Department expects most Americans will take care of before that four day cruise to the Bahamas:

    Have your affairs in order at home. If you leave a current will, insurance documents, and power of attorney with your family or a friend, you can feel secure about traveling and will be prepared for any emergency that may arise while you are away. If you have minor children, consider making guardianship arrangements for them.

    OK honey, I have iPhone charged and loaded with the e-boarding passes. Did you construct a legal guardianship agreement for Wally and the Beaver or should I do that at the same time I incorporate us in the Caymens to avoid US taxes?

    But of course, since the State Department is clearly not irrelevant, they save some of the best advice for last. Indeed, this seems to be advice that they follow themselves:

    Try to seem purposeful when you move about. Even if you are lost, act as if you know where you are going.




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    Copyright © 2017. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

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    Posted in Democracy, Post-Constitution America, Trump

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