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 Rahman, Ramzi
Yousef, Ahmad
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.
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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