Im-Politic: Trump’s Victory Lap after Supreme Court Travel Ban Ruling Looks Premature

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border security, Constitution, Im-Politic, Muslims, refugees, Supreme Court, travel ban, Trump

President Trump has called the Supreme Court’s ruling Monday on the second version of his travel ban a major triumph for his anti-terrorism and homeland security policies. Having read the decision, I’m a lot less sure. Moreover, it looks like the administration’s policymakers might have undercut some important principles that their lawyers had originally asserted.

First of all, it needs to be remembered that the Court specified that its reasoning in this decision was not based on the same criteria that would be used for a final ruling. Why not? Because, as it explained, it was being asked by the Trump administration to stay an injunction from lower courts preventing enforcement of the key ban provisions. In plain English, the Supremes were responding to an administration request to suspend temporarily lower court orders (injunctions) that blocked the federal government from putting into effect the revised Executive Order on the subject, and a majority of the justices agreed to do so – in part.

According to the majority, this ruling was tailored precisely to standards it considered appropriate for stay orders. It further explained that these standards were close to the already relatively low bar it found needed to be met for granting plaintiffs’ requests for injunctions. When the Court decides the final case, these Justices explained, it will rely on somewhat different legal standards and considerations.

That sounds reasonable enough. But I fear that an especially dangerous conclusion the Court arrived at could well find its way into that final ruling, and it has to do with the President’s ability to keep out of the country travelers or refugees (whose applications were also suspended by the Executive Order, and whose entry quotas were reduced) who are judged to have some significant connection with persons or institutions in the United States.

Simply put – and again, by the standards it set forth for stay decisions – the Justices held that the government has great authority (it didn’t specify how much) to control entry into the United States when the traveler or the applicant “lacks any bona fide relationship with a person or entity in the United States.” But when the traveler or applicant has such a “bona fide some connection to this country,” the government’s control over the border is significantly qualified.

The Court didn’t define “bona fide” either, but the examples it used from the lower court decisions (on whose behalf the travel ban legal challenges were pursued) include the mother-in-law of a citizen, the wife of a legal permanent resident, and students from the six countries covered by the proposed ban who were admitted to the University of Hawaii. The Court’s rationale? Barring the admission of such would-be travelers or refugees even temporarily (remember – the Trump proposals call for 90-day suspensions for travel from the six, and a 120-day suspension of refugee admissions) would “harm” the interests of the plaintiffs (the son-in-law, the husband, the students, the university) to such a degree that this harm outweighs both the government’s right to control the country’ borders and “the overall public interest” (the decision-making framework it specified for stay orders in this field).

Again, the Justices said they would use different standards, and weigh the competing considerations, in a different way in their final ruling. But the above certainly suggests that at least some of those in the majority aren’t terribly receptive to the idea, originally advanced by the administration, that the president – as the relevant statute says – without exception can “suspend the entry of all aliens or any class of aliens” to the United States “whenever [he or she] finds that the entry of any aliens or of any class of aliens…would be detrimental to the interests of the United States.”

Now it may seem entirely understandable to ask how admitting into the country someone’s wife or mother-in-law could endanger national security. Let’s leave aside the question of when in U.S. history judges won the right to question what are inevitably judgment calls in the conduct of foreign and defense policy (which the Court’s ruling didn’t broach directly). Let’s also remember that the final decision will reflect a different set of legal and other factors.

What’s still odd, however, about this argument is that one of the seminal justifications for a U.S.-style legal system is that prioritizing process in considered the best way to ensure the greatest number of just outcomes. In this stay ruling, the majority seems to be saying that the Executive Order’s legitimacy could be in jeopardy because it has simply he has “burdened” certain individuals. Further, we’re not talking about lawsuits that affect mere handfuls of people on either side. Although it’s “only” a stay decision, an anti-travel ban ruling could endanger the entire country (precisely because national security is involved). Don’t such stakes deserve special attention?

And here’s the kicker: In arguing for their focus on specific individuals and their misfortunes, the majority was able to cite the Trump administration’s own decision to mollify critics of the original travel ban by including in the second version “a case-by-case waiver system pri­marily for the benefit of individuals” who do claim “bona fide connections to Americans or American entities.” So that train could well have left the station legally.

How much better for the administration to have held firm at least for the brief durations of their travel ban and refugee suspension, and then having its unfettered authority to regulate these flows affirmed, voluntarily included a review or appeals process in its longer-term programs.

Presumably because issuing a stay order depends on such a specific set of criteria, and because judges generally prefer to decide cases on the narrowest possible grounds, this latest travel ban judicial decision failed to deal in explicitly and in detail not only with several major issues raised by the Executive Order and the challenges it has generated.

As indicated above, the ruling did not address the extent to which (if any) courts can challenge presidential foreign policy judgments where expressly Constitutional questions over defined governmental responsibilities (such as war-making power) do not arise. It also only glancingly referred to claims that the second Executive Order unconstitutionally discriminates against Muslims as such (violating their religious freedoms), and the related issue of whether a politicians’ campaign statements, including those made as a private citizens, represent valid evidence of a policy’s intent.

But when it comes to immigration- and refugee-related issues, some Justices in at least one recent case has acted in a disturbingly political and frankly ditzy way – equating lying on an immigration form about a spouse’s involvement in war crimes with lying on that form about a speeding ticket. (This case is still up in the air.) Sadly, given the rancor and division that’s infected so much of America’s public life, there’s no guarantee that the Court will keep its head any better. on the Trump Executive Orders.

Im-Politic: More Illegal Immigration Coddling from the Washington Post

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Associated Press, crime, Darwin Martinez Torres, detainers, Germantown, hate crimes, illegal immigrants, Im-Politic, Immigration and Customs Enforcement, Maryland, Montgomery County, Muslims, Nabra Hassanen, Northern Virginia, Rockville, The Washington Post

Hard as it is to believe, The Washington Post news department’s coddling of illegal immigrants looks to have passed a new milestone. On April, I explained how the paper’s news editors and reporters (not the opinion folks) apparently have decided that drunk driving isn’t a serious crime when the guilty are living in the United States illegally.

This past week, the Post has acted conspicuously determined to ignore crucial questions of suspected criminals’ immigration status when they threaten to ruin or even complicate another prized narrative – that Muslim Americans are being victimized by a record surge in hate crimes prompted by irrational fears of Islamic terrorists stoked cynically by politicians like President Trump. Such journalistic selectivity is bound to intensify questions about the legality of any Americans of Hispanic heritage arrested for crimes, both when they’re justified and when they’re not.

There’s an alternative explanation for the paper’s behavior that’s comparably disturbing: In an effort to calm public fears about the public safety risks created by indulgent immigration policies, it’s been trying to sweep such immigration questions under the rug because it did report the status of two Hispanic teenage immigrants just a month before, when they were charged with a rape at a high school in the area. In early May, the charges were dropped, seeming to vindicate allegations that immigration policy critics had been using the case to demagogue their cause.      

The latest crime in question was the abominable killing of an Muslim teenage girl from the Virginia suburbs early last Sunday morning. The story quickly attracted national attention, and the Post‘s early coverage demonstrated the obvious reason: The local police seemed determined to classify the murder as an instance of road rage, while many in the local Islamic community — including the victim’s family — along with others insisted that it amounted to the latest hate crime committed against innocent Muslim Americans.

As the Post pointedly reminded readers in its report on Monday:

“Police said Monday they aren’t investigating the death as a hate crime, but the issue was on the minds of many Muslims on Sunday.

“Last month, two men on a Portland train were stabbed and killed after they intervened to protect two girls who were being harassed with anti-Muslim threats, according to authorities.

“Sunday night, a van struck a crowd of pedestrians, including worshipers leaving a pair of mosques in London. Witnesses said the pedestrians were struck as they departed late-night prayers.

“The ADAMS Center [victim Nabra Hassanen’s mosque] has a paid armed security guard at the Sterling site, according to [Arsalan Iftkhar, an “international human rights lawyer and commentator” who attended services at the mosque]. He said many mosques have increased security since six Muslim worshipers were killed at a mosque in Quebec earlier this year.

“Sunday night, a van struck a crowd of pedestrians, including worshipers leaving a pair of mosques in London. Witnesses said the pedestrians were struck as they departed late-night prayers.

“The ADAMS Center has a paid armed security guard at the Sterling site, according to Iftikhar. He said many mosques have increased security since six Muslim worshipers were killed at a mosque in Quebec earlier this year.”

And this focus on the hate crimes charge continued through the Post‘s last comprehensive coverage of the murder, on Wednesday.

But from the start, one crucial aspect of the murder appeared to be undermining claims that animus against Muslims was the suspect’s motivation – an aspect oddly neglected by the Post. As the paper specified from the outset, he was a young Hispanic-surnamed male – Darwin Martinez Torres. But nothing else about him was reported.

That may not sound suspicious to someone unfamiliar with that part of northern Virginia – or even worth writing about at all. But Sterling and environs have long hosted a large population of illegal immigrants. The offense in question was unmistakably felonious and abhorrent, not some trifle. So there are valid public safety issues involved, with large numbers of Americans understandably wanting to what kinds of individuals their leaders have – knowingly – welcomed into their country and their neighborhoods.

Moreover, a Post update later that day offered evidence suggesting Torres’ illegal status: U.S. immigration authorities had requested that local officials put a “detainer” on him – meaning that they were looking into deportation. Now on the one hand, the federal government can place detainers on and deport legal immigrants as well as illegal. But on the other hand, that decision should have raised a red flag with the Post right away, and the question could have been answered with little effort. But no one on the team of reporters assigned the story by the paper seems to have pursued the matter. The hate crimes issue and related concerns voiced nationally about American Muslims’ safety clearly were their top priorities.

As early as Monday, however, it was clear that Martinez’ immigration status was indeed in doubt with the authorities. The Associated Press reported that day that they determined he is “a citizen of El Salvador and there’s probable cause to believe he lacks permission to be in the U.S.”

But even though this AP report appears on the Post‘s website, it prompted no investigation of Torres’ status by the paper itself, either.

Moreover, on Tuesday, a U.S. Immigration and Customs Enforcement (ICE) spokesperson announced that Torres is in the United States illegally. Readers of the The New York Times, FoxNews.com, The Daily Caller, and CNN received this information. But nearly a week later, the Post staff itself still has not mentioned it. Neither, weirdly, has the Associated Press – but it’s not the Washington, D.C. area’s leading news organization.

Sadly, this journalistic inevitably raises the question of whether the Post has decided to cover up the legal status of other Hispanic Americans arrested for crimes. For example, also earlier this month, two Germantown, Maryland high school students were murdered on the eve of their graduation. The trio arrested? Jose Canales-Yanez, Edgar Garcia-Gaona, and his brother Roger Garcia. Any mention of their immigration status in the Post coverage? Nope.

But like Sterling, the Germantown area is home to many illegal immigrants, as well as a center of violence from criminal gangs whose crimes are becoming ever more brutal and that are often extensions of similar organizations in Central America. The police force of surrounding Montgomery County has not ruled out a gang angle, and according to Help Save Maryland, an organization favoring stricter immigration controls and enforcement, a photo of one of the suspects reveals a form of tattoo often sported by Central American gang members.  

It’s true that Montgomery police chief Thomas Manger has stated that “to my knowledge, there were no ICE detainers filed in those cases” resulting from some of the suspects’ previous arrests.” But it’s also true that Montgomery County has declared itself to be a safe haven for immigrants – if not an out-and-out sanctuary city – and that Manger has dutifully declared that it’s not his job to determine anyone’s immigration status.

Curiously, moreover, Post reporters and editors were decidedly more aggressive in March, when two Hispanic teenagers, including a minor, were accused of raping a younger schoolmate at Rockville High School in Rockville, Maryland — also in Montgomery County.  The paper’s first article on the incident prominently mentioned that Henry E. Sanchez “a native of Guatemala who arrived in the United States about seven months ago, has a pending ‘alien removal’ case against him, court officials said Friday. ‘He is a substantial flight risk,’ Montgomery County Assistant States Attorney Rebecca MacVittie said in court Friday.

“[Jose O.] Montano has been in the United States for about eight months, MacVittie said. Details about Sanchez’s removal case, or Montano’s immigration status, couldn’t immediately be learned Friday.”

Moreover, the Post‘s own reporting several days later contend that both suspects “were among tens of thousands of young people who crossed the U.S.-Mexico border illegally in 2016.” Prosecutors dropped the rape charges against the pair in early May. Was the paper’s much more restrained coverage of immigration issues in the two, more recent, murder cases an attempt to keep anti-immigration sentiment in the public under control?    

It’s vitally important to be clear here. As suggested immediately above, I believe that many municipalities and states are ignoring their responsibilities to help the federal government enforce immigration law. But insisting that the Post inquire about the immigration status of criminal suspects is completely different from insisting that state and local governments, whose immigration law enforcement responsibilities are limited and reactive, proactively publicize the immigration status of criminal suspects.

It’s also completely different from insisting that the federal government, whose immigration law responsibilities are extensive and often proactive, seek out and publicize this information whenever an arrest is made by any level of government, even for serious infractions (although I’m leaning strongly in this direction, given the nation’s enormous and possibly still growing population of illegals).

Instead, insisting that the Post and the rest of the media at least seek this information simply entails insisting that they play their proper role as watchdogs of democracy – pressing for accountability for wielders of public and private power, and letting the chips fall where they may.

Viewed from a different perspective, the government at all levels enjoys certain established authority to keep information from the public for various, highly specific reasons – e.g., to protect national security or safeguard Constitutionally guaranteed privacy rights. In order to help ensure that this authority is not abused, the media’s job is to release whatever information it can procure, with certain exceptions that it generally has complied with voluntarily (e.g., protecting information whose exposure would immediately threaten national security and/or the lives of military and intelligence personnel whose lives literally are on the line, or the privacy of minors). When disputes arise over where these respective lines should be drawn, the judiciary steps in to try to provide the answer.

At least since the era of Watergate and the Pentagon Papers, the Post has epitomized a national media that understands these distinctions and acts accordingly. Does it now believe that, for reasons it has yet to explain, that its coverage of illegal immigration is an exception?

 

Following Up: Britain’s May is Moving – Though Too Slowly – to Define the Real Terrorism Problem

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Barack Obama, Following Up, Islam, Islamism, London Bridge attacks, Manchester bombing, multiculturalism, Muslims, Susan Rice, terrorism, terrorists, Theresa May, This Week with George Stephanopoulos, travel ban, Trump, United Kingdom

British Prime Minister Theresa May’s remarks following Saturday night’s London Bridge attacks include one of the most forthright, perceptive, and necessary statements from an international leader (excepting President Trump) about the difficulties free societies face in combating terrorist acts committed by Muslims.

Specifically, these comments appear to recognize that these abominations are not simply the product of individuals having nothing whatever to do with their co-religionists, or with the supposedly peaceful, law-abiding, thoroughly assimilated – in other words, utterly unexceptional – communities they comprise. That is, May has closely approached stating that something is decidedly, and often dangerously, abnormal in too many of the Islamic neighborhoods and congregations found in the non-Islamic world, and particularly in the United Kingdom and in the rest of Europe.

As the Prime Minister declared, “While we have made significant progress in recent years, there is – to be frank – far too much tolerance of [Islamist extremism] in our country. So we need to become far more robust in identifying it and stamping it out – across the public sector and across society. That will require some difficult and often embarrassing conversations, but the whole of our country needs to come together to take on this extremism – and we need to live our lives not in a series of separated, segregated communities but as one truly United Kingdom.”

That last clause is extraordinarily important. As I wrote in the wake of last month’s suicide bombing in Manchester, the United Kingdom has officially glorified multiculturalism to such a degree that it has encouraged in many ways the emergence of Muslim population clusters with considerable degrees of autonomy from even the legal system – let alone the values – that holds in the rest of the country.  

May unmistakably has now attacked those policies, and by extension the assumption behind them:  that many of the core teachings of Islam are no better and no worse than those developed in the British Isles throughout their long history. They are simply different. As a result, if certain Muslims living in Britain wish, say, to govern family life with the precepts of their faith rather than British law, they should enjoy ample freedom to do so. Indeed, denying them these rights in the absence of clear and present dangers to – to what, it’s not entirely clear; certainly not the freedoms enjoyed in Britain by other individuals, like women – would be the antithesis of liberty and tolerance.

Yesterday, May strongly suggested that in practice, this segregation has created major dangers at least to national security and public order. And she deserves immense credit for recognizing that, however “difficult and embarrassing” pluralistic democracies like her country may find creating a more united United Kingdom, a concerted effort must not only be made – it must succeed.

Nevertheless, I worry that May herself is still a bit too embarrassed to identify the main problem. For along with describing the enemy belief system as “Islamist,” she also insisted that “It is an ideology that is a perversion of Islam.” Which, if you view as legitimate her alarm at segregated Muslim communities, is a little too neat.

After all, if extremist Islamism indeed “perverts” Islam, presumably this offense would be readily apparent to the vast majority of Muslims themselves. And not only would these segregated communities refuse to tolerate it, and be joining with the national authorities in “identifying it and stamping it out” (May’s own words, as per above). An outraged Muslim majority would be taking the lead in these matters.

But nothing could be more obvious than the general failure of Muslims anywhere to fit this description. Instead, as the Prime Minister herself complains, there has been “too much tolerance,” and the most dangerous manifestations are in those communities whose segregated nature produces Islam in a form relatively un-polluted by British and other non-Islamic values (whatever you suppose them to be).

So May has a ways to go before the clarification of thought that necessarily precedes any course of action with a reasonable hope for success. But she’s clearly much further along than much of the American leadership class. Take Susan E. Rice, national security adviser to former President Obama. On ABC’s This Week with George Stephanopoulos, she was asked about President Trump’s proposal to suspend travel to the United States from a handful of majority Muslim countries that the Obama administration itself viewed as either overrun with terrorists or ruled by terrorist-sponsoring regimes. She explained her continued opposition (which is also shared by her former boss) in part this way:

“[I] think there’s a very real risk that by stigmatizing and isolating Muslims from particular countries and Muslims in general that we alienate the very communities here in the United States whose cooperation we most need to detect and prevent these homegrown extremists from being able to carry out the attacks.”

Leave aside your views on the travel ban proposal for or against. First of all, I’ve never been comfortable with the suggestion just made above (and by so many others) that there’s something fundamentally acceptable about residents of the United States (and especially citizens) conditioning their cooperation with law enforcement authorities that are combating violence on whether or not they feel stigmatized in some way by Washington, or any level of government. Are you? And remember – nearly all Muslims resident in the United States live here legally, so it’s not as if they need fear deportation like so many illegal Hispanic residents, or Hispanics here legally here with illegal friends or relatives.

But more important is Rice’s obliviousness to a glaringly obvious implication of her statement: Why, in the first place, are Muslim communities “the very communities here in the United States whose cooperation we most need to detect and prevent…homegrown extremists from being able to carry out the attacks”? It’s because so many of the actual attackers and attacker wanna-bes are coming from those communities. Obviously something about them has gone seriously wrong.

I’m not saying I know exactly what needs to be done domestically on top of existing efforts, and how new programs can be squared with essential Constitutional protections. It’s also clear that the United States doesn’t have the kind of related assimilation-segregated communities problems plaguing the United Kingdom and so much of Europe. But I do know that the more solidly the more extreme versions of multiculturalism take root in America, the larger these problems will grow. And the sooner the British more explicitly acknowledge major problems among their compatriots who practice mainstream Islam, the faster they’ll restore acceptable levels of safety to their concert halls, historic bridges, and the rest of their country.

Im-Politic: Manchester and the Wages of Multiculturalism

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assimilation, Christopher Hitchens, Democratic Party, homegrown terrorists, Im-Politic, immigrants, Islam, London, Londonistan, Manchester bombing, multiculturalism, Muslims, New Labour, Saudi Arabia, Sharia, terrorism, Tony Blair, United Kingdom

The aftermath of the horrific Manchester bombing is seeing the reappearance of a familiar pattern that keeps dangerously muddling major issues. I’m talking about the tendency to emphasize that the suspect was a “homegrown” terrorist, not an immigrant or a refugee from a majority Muslim country. Therefore, this reasoning goes, responses that emphasize restricting immigration from such countries are at best misguided and at worst bigoted. The latter charge has even become a mainstay of the U.S. judicial system.

The dangers and fallacies of this analysis become clear upon reviewing the emergence of the United Kingdom as a major target of terrorist attacks from Muslim extremists and a major source of foreign fighters and other operatives in the Middle East and worldwide for Al Qaeda and ISIS. If these terrorists aren’t newcomers to the UK, you can be sure they were overwhelmingly homegrown in the country’s Muslim immigrant communities. And their numbers and destructiveness point to shocking British failures both to control the country’s borders adequately and to assimilate Muslims safely. More specifically, they reveal the perils of the British government’s determination starting in the 1980s, and especially in the 1990s, to make the establishment of an identity politics focused on Muslims a top national priority.

Spearheaded by former Prime Minister Tony Blair and his New Labour party, London dealt with the country’s Muslims as a group with official standing, represented in government councils by a national organization created to “represent mainstream Muslim opinion.” It provided safe haven for prominent jihadists wanted for terrorism by countries like Jordan and France. It permitted a network of Islamic religious law (sharia) courts to spread across the country and formally recognized some rulings involving divorce and other domestic issues. Perhaps most damaging in the long term, it offered “state funding for Muslim schools on the same basis as Christian and Jewish schools” and paid no attention to their curricula – many of which were developed by arch-fundamentalists from Saudi Arabia.

Among the results? As the British government reported after 2001 riots involving white and South Asian gangs in several northern industrial towns, these localities contained

“‘separate educational arrangements, community and voluntary bodies, employment, places of worship, language, social and cultural networks,’ producing living arrangements that ‘do not seem to touch at any point.’ As one Pakistani Briton told the report’s authors, ‘When I leave this meeting with you, I will go home and not see another white face until I come back here next week.’ Last year, Trevor Phillips, chairman of the Commission for Racial Equality, warned that much of Britain was ‘sleepwalking its way toward segregation.’ And this segregation is especially entrenched among Muslims.”

In addition, “A non-Muslim child who lives in a Muslim-majority area may now find herself attending a school that requires headscarves. The idea of separate schools for separate faiths—the idea that worked so beautifully in Northern Ireland—has meant that children are encouraged to think of themselves as belonging to a distinct religious ‘community’ rather than a nation.”

In fact, by July, 2005 – in the wake of an Islamist bombing of London’s Tube that claimed 52 innocent lives – even Blair had had enough. In major speech, he warned that anyone who did not “share and support the values that sustain the British way of life,” or who incite hatred against Britain and its people, “have no place here.” But the Manchester attack, and numerous smaller predecessors over the previous twelve years, indicate that his turnabout – which by all accounts had been ambivalently implemented – came too late to slow the destructive dynamics he set in motion.

Skeptics will rightly note that the British experience is a far cry from America’s, with the U.S. Muslim community – whether immigrant or homegrown – showing many fewer signs of dangerous radicalization. At the same time, identity politics has now become such a hallmark of one of the country’s two major political parties that even many of its leaders are warning about the consequences (though mainly at the ballot box). And the late British writer Christopher Hitchens wrote of what had by that time come ruefully to be called “Londonistan” by the time of the 2005 bombing, “It‘s impossible to exaggerate how far and how fast this situation has deteriorated.”

Im-Politic: Trump Derangement Syndrome Breaking Out on the Supreme Court?

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Balkan wars, Bosnia, citizenship, deportation, Im-Politic, Immigration, Immigration and Citizenship Services, John Roberts, Muslims, naturalization, refugees, Reuters, Serbs, Srebrenica, Stephen Breyer, Supreme Court, Trump

Question: When is serving in a military unit that’s committed horrendous war crimes the legal equivalent of getting a speeding ticket? Or absentmindedly bringing a key-chain pen knife into a government office building? Or maybe even jaywalking? Answer: When the U.S. Supreme Court nowadays is evaluating an immigration case.

Think I’m kidding? Then check out this Reuters account of a hearing held by the high court that dealt with an immigrant from Bosnia who was deported and stripped of her citizenship last October. The reason? She had lied on her application to enter the country as a refugee. Now, Divna Maslenjak is seeking to restore the status quo ante. And according to the Reuters piece, several Justices are concerned that in defending the U.S. government’s previous decision (made, mind you, under the Obama administration), President Trump’s Justice Department is laying the groundwork for revoking citizenship for false statements that had no significant influence on the original refugee decision.

Nothing intrinsically wrong with that. Everyone, for example, forgets things or gets details confused. These lapses are particularly understandable in the chaotic conditions with which most refugees struggle. Nor could any reasonable person quibble with Chief Justice John Roberts concern that the Trump administration position (even though it’s drawn straight from the U.S. Citizenship and Immigration Services’ naturalization form) could enable the government to strip citizenship from naturalized Americans for lying or for omitting information about minor legal infractions that even the most scrupulously law-abiding folks everywhere are hard-pressed to avoid completely.

As Roberts noted, “in the past he has exceeded the speed limit while driving. If immigrants failed to disclose that on a citizenship application form asking them to list any instances of breaking the law, they could later lose their citizenship, the conservative chief justice said. ‘Now you say that if I answer that question ‘no,’ 20 years after I was naturalized as a citizen, you can knock on my door and say, ‘Guess what, you’re not an American citizen after all?'”

Associate Justice Stephen Breyer, who is viewed as considerably more liberal than Roberts, agreed, “noting he had once walked into a government building with a pocketknife on his key chain in violation of the law.”

Added Breyer: “It’s, to me, rather surprising that the government of the United States thinks that Congress is interpreting this statute and wanted it interpreted in a way that would throw Into doubt the citizenship of vast percentages of all naturalized citizens.”

Fair enough. But the lie in question did not concern a speeding ticket or an innocent failure to check the contents of one’s pockets. Nor did it concern an intrinsically legal but possibly questionable act that had no important bearing on Maslenjak’s application for refugee status. In fact, it concerned a subject central to her request: Despite telling the government that, as ethnic Serbs, she and her family feared ethnic persecution by Bosnia’s Muslims, she never mentioned that, as the Reuters article reports, her husband (who had received refugee status when she did) served “in a Bosnian Serb Army brigade that participated in the notorious 1995 massacre of 8,000 Muslims in the Bosnian town of Srebrenica.” And P.S.: He lied about the matter as well.

Now it’s possible that the husband was completely uninvolved in this, or any other, atrocity (another subject about which the naturalization form inquires). It’s also possible that, whether he was complicit or not, that’s what Divna, his wife, believed. Or he simply could have lied to her. If he was innocent, he might have been afraid that the relevant American authorities simply would not have believed him. Certainly, no one could blame inhabitants of countries ruled by oppressive and/or corrupt governments for not trusting U.S. officials right off the bat.

But apparently, neither spouse has offered any such excuses. Nor did any of the Justices apparently mention them. Both the Maslenjaks and Roberts and Breyer (and possibly some of their colleagues) seem to be focused on technicalities – and perhaps the former and their lawyers are counting on the Trump administration’s “anti-immigrant” reputation and the resulting backlash to help sway the Court.

The Justices’ final decision isn’t due until late June. It could be a great test of whether they, like so much of the rest of the country, have succumbed to Trump Derangement Syndrome.

Im-Politic: The Travel Industry’s Phony Trump Travel Ban Scare Stories

Tags

Im-Politic, Muslims, September 11, terrorism, tourism, travel, travel ban, travel exports, Trump

The American travel industry clearly employs some great flacks (i.e., public relations specialists). We know this because they’ve sold two major global news organizations on the inane proposition that the Trump administration’s hostility to Muslims and foreigners in general is about to cripple their industry, and that – at least by implication – the U.S. economy will suffer grievously.

The first and perhaps most important failing in this Washington Post article and this Financial Times (FT) piece carrying this message was the glossing over of national security considerations. Both reports noted that the supposedly xenophobic impression was created by the president’s proposed temporary travel ban from six countries identified even by the Obama administration as major potential sources of terrorist threats, and by strengthened vetting procedures at the border. But neither mentioned the counter-argument (either from an administration official or from a non-government specialist supportive of Mr. Trump’s initiatives) that stronger protections for Americans quite naturally carry a price tag, or that any kinds of trade-offs between economic and national security goals are legitimate.

The closest that either piece came to communicating this kind of nuance was a statement in the FT article from Marriot’s CEO acknowledging the role that needs to be played by “some of these other issue [such as security risk]” in formulating policy. In fact, you need to read between the lines (specifically in the Post article) to get any sense that the nation has faced this kind of situation in the recent past – after the September 11 attacks – and that the losses incurred by the travel industry by no means came anywhere near derailing the economy.

One big reason is that the economic role of foreign travel and tourism in the United States simply isn’t very big. The industry itself says that it represented 8.10 percent of total American economic activity last year (a key context-setting fact that the Post completely ignored), when both its direct and indirect effects are included. Fair enough. The figure came out to about $1.5 trillion last year, but that total includes both foreign and domestic travel.

One way to back out the foreign portion of domestic travel and tourism is to use the trade statistics. They don’t provide perfectly apples to apples data, but they’re not way off, either, and show, according to the travel industry, that foreign tourists spent about $194 billion in the United States in 2014. These “travel exports” would have directly accounted for about 8.28 percent of the nation’s total goods and services exports that year, according to official U.S. trade data – and about 1.10 percent of the total economy. There are no statistics on the indirect effects and they of course deserve to be counted. But it’s inconceivable that they would justify even minor concern.

Further, the travel industry isn’t forecasting that all foreign travel to the United States will simply dry up, or even close. In fact, according to the industry, despite the Trump policies and intentions, travel and tourism in the United States (again, including purely domestic travel) will keep growing this year. It just won’t grow quite as fast (by 2.3 percent instead of 2.8 percent). In other words, the Trump effect would barely move the needle.

The implications couldn’t be more obvious. The Trump travel ban and related measures may be bad policy for any number of reasons, but damage to the economy – or even to the tourism industry – clearly isn’t one of them. It’s understandable that the industry itself is unhappy about the prospect of any losses – even moderately slower growth. But why is the media portraying this result as a catastrophe?

Im-Politic: Beyond Parody with Uber-Pundit Thomas Friedman

Tags

China, corruption, foreign students, higher education, Im-Politic, Immigration, Muslims, Reuters, tech workers, The New York Times, Thomas Friedman, travel ban, Trump

Last March, I took one look at a column by Thomas Friedman on then-presidential candidate Donald Trump’s trade policies and concluded that the multiple New York Times Pulitzer winner must have been hacked. Any other interpretation would have meant that Friedman was either stunningly ignorant about these subjects or (at best) willfully ignorant.

A year later, it’s painfully obvious that either some impostor is still publishing pieces with The Times, or that Friedman is still reality-challenged. His March 29 offering contains the same kinds of trade fakeonomics and crackpot geopolitics as that piece I spotlighted last March. But even worse this time around are some out-and-out howlers about major implications of the Trump administration’s travel ban proposals.

According to Friedman, President Trump wants to “make it harder for people to immigrate to America, particularly Muslims. This…signals the smartest math and science students in the world to start their start-ups overseas and not in America. “

As evidence, Friedman writes that “NBC News reported last week that applications from foreign students, notably from China, India and the Middle East, ‘are down this year at nearly 40 percent of schools that answered a recent survey by the American Association of Collegiate Registrars and Admissions Officers.’”

In other words, could any Trump policy be more catastrophically dumb, especially over the long-term? The trouble is, when you look at these matters in any depth whatever, you realize how deeply silly these claims and fears are. In the first place, the idea that foreign students on U.S. college campuses are all or mainly or even disproportionately academic superstars is completely fallacious. And nowhere is it more fallacious than in the case of Chinese students.

For anyone knowing anything about contemporary China knows that it’s become one of the world’s leading plutocracies. The wealthy generally either make (or keep or lose) their fortunes depending on their connections with or via help from the Chinese government, or are comprised of political leaders themselves who have exploited their power and contacts to become millionaires many times over. Given the astronomical costs of American higher education (especially by the standards of even the typical Chinese urban – meaning relatively well-off – family), it could not be clearer that the main distinguishing characteristic of Chinese students on U.S. campuses is family money, not brains.

The money angle is further strengthened by admissions practices of so many American colleges and universities. After all, even well-endowed schools prize foreign students to a great extent because they’re wealthy enough to pay “full freight.” That is, they don’t need financial aid. Indeed, they’re profit centers. In fact, as I reported last October, a Reuters investigation found out that many Chinese students have gained access to American colleges and universities through payments to these institutions that can only be called corruption. In other words, their parents have bought their way in. Would most of this bribery be necessary if the kids were such geniuses?

Moreover, if you think that the money issue is confined to China, think again. For an expensive American college education is also far beyond the reach of most families in most of the rest of the world, too – especially the developing world.

As for the world’s math and science whizzes, especially from the Muslim world, avoiding the United States and choosing other regions and countries to open up businesses, ask yourself the simple question, “Like where?” Economically speaking, America’s growth prospects continue looking brighter – as they have for most of the current global recovery – than those of other major economies. The United States also offers among the world’s best levels of intellectual property protection.

And as for tech whizzes from the Muslim world, does Friedman really think they’re going to be increasingly welcome in, say, Europe, given its understandable anxieties about Islamic extremism and global terrorism? Japan and South Korea, it’s widely known, aren’t welcoming to any immigrants. And the idea that China, which has long battled Muslim separatists in its western regions, is going to open its doors wider just doesn’t pass the laugh test.

Canada and Australia are unmistakably examples of national economies that are both successful and immigration- (and refugee-) friendly. But I’ll take my chances on America retaining its competitive edge over them for many decades to come.

These kinds of gargantuan goofs and omissions would be bad enough coming from a run-of-the-mill journalist or even pundits. Coming from Friedman, they are nothing less than appalling. For his almost uniquely lofty status stems for the most part from his (supposedly) unique knowledge of how the world works in the most fundamental senses. Indeed, he’s especially well known for writing books purporting to know what the world’s becoming in the same fundamental senses. Columns like his latest indicate that Friedman at best should spend more time learning about the present than predicting the future.

Im-Politic: Of Course Trump’s Immigration Order is Legal

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Charles Dickens, Constitution, executive order, Im-Politic, Immigration, Immigration Act of 1924, Immigration Act of 1965, Middle East, Muslims, refugees, terrorism, travel ban, Trump

Charles Dickens famously observed that the law can be an “ass” and an “idiot.” A slightly different conclusion is warranted from the blowup over the legality and Constitutionality of the ban imposed by President Trump via Executive Order (EO) on travel from seven Middle Eastern countries The real asses and idiots are those who are turning logical and common-sensical cartwheels trying to show that the courts should overturn the ban – along with the suspension of refugee admissions.

The proceedings generated so far by the Trump EO have revolved mainly around procedural questions – like whether states like Washington are entitled to bring suits challenging actions in areas like immigration that are federal government preserves, and whether the administration should have taken matters to an appellate court rather than staying in the district court that issued the restraining order blocking implementation of the ban. And these questions are all important. (This New York Times analysis of the oral arguments before the appellate court yesterday, however, could not make clearer the judges’ interest in substantive issues like whether the countries in question really do pose threats to U.S. national security).

Still, it’s altogether possible that the fate of the ban – and future such measures – ultimately will turn on an apparent contradiction in U.S. immigration law. On the one hand, the 1952 modification of the 1924 Immigration Act holds that:

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

On the other hand, a 1965 amendment to the law prohibits barring immigration on the basis of race, sex, nationality or place of birth. So that would seem to prevent the Trump administration from blocking entry by inhabitants of designated countries.

But resolving the conflict requires nothing more than engaging in thought. For obviously, the aim of the 1965 amendment was to remove the stain of racial, religious, and other forms of prejudice from American immigration policy. Until then, inflows had been governed by a series of quotas based on the national origins of the U.S. population as of 1890 – which of course was overwhelmingly from the white northern and western European countries. For good measure, immigration from Asia was completely eliminated.

Just as obviously, the Trump EO in question has nothing to do with such irrational – and intrinsically noxious – discrimination. It’s based on a national security judgment – the seven countries affected by the (temporary) travel ban have been classified by the previous administration and by Congress as lands where a “foreign terrorist organization has a significant presence,” where terrorists enjoy a “safe haven,” or where the government “has repeatedly provided support of acts of international terrorism.”

The seven countries singled out are Muslim majority countries – one reason evidently leading opponents to describe the ban as a “Muslim ban.” But the travel ban’s strikingly limited purview easily debunks that claim. As many of these opponents have also noted, travel from dozens of Muslim majority countries is completely unaffected. It’s true that these (massive) exceptions may make the EO either inconsistent or incompetent. Or both. But judges are not supposed to rule on such grounds, especially where foreign policy is concerned. The large number of un-banned Muslim majority countries is also plainly much more important in determining the administration’s intent than statements made by the president, or by his advisers, during his campaign for the White House.

Moreover, Mr. Trump’s immigration critics seem to have forgotten that, when refugee admissions are resumed (after 120 days), the relevant U.S. law will not only permit but require an explicitly religious test in part. For persecution based on religion is one of the forms of persecution refugee applicants must demonstrate to gain entry.

Finally, as noted in the TIME article linked above, even the 1965 immigration policy change contains a provision that could justify the Trump administration measures. It “allows the president to deny anybody entry to the U.S. under special circumstances.” Sure, anyone can question whether current circumstances qualify. And Congress has every right to propose and pass amendments that would describe these circumstances more precisely. But for the time being, they are the law of the land, and by definition the President has used his judgment to craft a response. If the judiciary can challenge judgments like this willy nilly, why on earth do we bother holding elections for president?

Im-Politic: The Needless New Immigration Policy Mess

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American Muslims, Center for Immigration Studies, Department of Homeland Security, DHS, Egypt, Executive Orders, green card holders, Im-Politic, Immigration, Muslims, Norman Matloff, Obama, Pakistan, refugees, Saudi Arabia, September 11, Syria, terrorism, Trump

The last 48 hours’ flow of immigration policy-related news has been unprecedented – or certainly nearly so. To me, the big takeaway is clear: In the course of developing and announcing a fundamentally sound policy framework for handling immigration- and refugee-related national security issues, the Trump administration has allowed vague and/or confusing provisions to create an unnecessary political firestorm.

The needless confusion stemmed mainly from the apparent treatment of green card holders in the Executive Order on “Protecting the Nation From Foreign Terrorist Entry Into the United States.”  These individuals have been granted permanent resident legal status by the U.S. government, and have extensively vetted. Perhaps that’s why the Order makes no specific mention of them.    

Yet early yesterday, the Department of Homeland Security (DHS) seemed to confirm that the Orders’s 90-day ban on entry into the United States from seven Muslim-majority countries deemed (correctly) to be hotbeds of terrorism and/or Islamic extremism includes green card holders.  

Both moves seemed so mystifying that my first reaction was skepticism. Particularly fishy to me was the source of the DHS statement. It came from a department spokesperson identified by name. But she was described as “acting,”and given that we’re still in the new administration’s earliest days, it was legitimate to wonder where she got her information and whether it’s accurate. And indeed, shortly afterwards, “senior administration officials” (who oddly remained nameless) were saying that the green card measures would be administered on a case-by-case basis. Clearly, this sequence of events doesn’t speak well at all for the togetherness of the new administration’s act.

But there’s no reasonable doubt that much of the tumult that’s surrounded the rest of the Trump immigration moves is nothing more than another outburst of stealth chattering class support for Open Borders policies. This charge is justified for at least two reasons:

First, the notion that Trump’s refugee measures represent a wholesale trashing of America’s humanitarian heritage is juvenile at best and reckless and ignorant (or both) at worst. The Trump-haters who have claiming that the Statue of Liberty is weeping and the like seem to be ignoring how even Barack Obama severely limited refugee admissions from war-torn Syria – to 10,000 in 2016. The previous year, only 1,800 were resettled. And clearly reflecting security concerns, the screening process typically took between 18 and 24 months.

Why didn’t President Obama simply open America’s doors much wider and faster to the immiserated Syrian hordes? Because even he recognized that the nation’s most fundamental self-interest – the safety of its existing citizens and legal residents – can’t be brushed aside even in the face of the most terrible tragedies.

President Trump and many others doubted, however, that even this screening was adequate. And they could point to copious compelling evidence. Principally, mass Middle East refugee admissions have in Europe have included terrorists involved in deadly attacks. In the United States, children of recent Middle East refugees or other immigrants have been responsible for the shootings and bombings in Orlando, Florida; San Bernardino, California, Boston, and Fort Hood. And Muslim residents have been involved (including arrested) in terrorism attempts in numbers vastly higher than their share of the overall American population.

Combine this with the virtual impossibility of getting accurate, reliable records from virtually destroyed countries or thoroughly failed states, and the real question before Americans is not why President Trump has banned entry of any kind from these lands, but why broad restrictions have taken so long to impose.

Second, it’s been frequently argued (including by President Obama) that even if refugees can be tied to terrorist attacks, the numbers of Americans killed have been infinistesimal. In particular, they’re fond of noting that the odds are lower than getting killed in bathroom accidents or everyday activities like driving.

What they keep missing, of course, is the completely different role of government negligence – and therefore preventability or avoidability – involved. Fatal accidents at home, for example, can often be avoided by moving with greater care, or more properly maintaining fixtures or appliances, or keeping clutter off the floor, or in numerous other ways. It’s also entirely possible to increase your chances of surviving your daily auto commute to work – by driving more defensively, by caring for your vehicle, by staying off the road in bad weather, etc.

Will these precautions guarantee your protection 100 percent? Of course not. In particular, they can’t completely remove the related elements of randomness and chance from life – tripping over a hard-to-see uneven stretch of pavement, sharing a road with a drunk driver, or flying in an airplane disabled by a flock of birds, experiencing a natural disaster, etc. Speaking of that last item, I would include in this category a decision like moving to or staying an earthquake-prone location, especially if relocating is a relatively easy option – though the element of randomness there is more debatable.

But reasonable people seem to accept these kinds of inevitable bad breaks. They understand the irrationality of shutting themselves in at home, for example, to stay safe. As for injuries or fatalities resulting from violence perpetrated by individuals admitted to the United States by a policy decision that ignores or downplays well known risks – they’re dramatically and unacceptably different. For there is nothing random about them; indeed, every last one of them was completely preventable. They’re the products of elected leaders who believe that the loss of American lives – in situations well short of war – are acceptable risks to run in exchange for benefits that, to put it kindly, are intangible (e.g., winning good will abroad), speculative (e.g., impeding recruitment by terrorist groups), or subjective (conforming with American values), or some combination of the two.

It’s certainly arguable that the previous administration was well within its rights in making those judgments and decisions. President Obama, after all, was legitimately elected – twice. But it’s just as arguable that Donald Trump’s White House victory owed in part to the public’s rejection of these calculations.

Having said this, at least two more aspects of the new Trump refugee policies are disturbing. First, why were countries like Saudi Arabia, Egypt, and Pakistan excluded – especially given the role of Saudis and Egyptians in the September 11 attacks cited explicitly by the Executive Order, and the role of Pakistan’s state security forces in supporting a wide range of terrorist activities, including strikes on U.S. Forces and facilities in Afghanistan?

Second, the Executive Order, in my view, admirably seeks 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.” But for precisely the same vetting-related reasons that it’s excruciatingly difficult to make sure that Syrians (and other Middle Easterners) aren’t terrorists or other dangerous types, it’s going to be equally difficult to figure out who’s a member of a persecuted religious minority and who isn’t.

I agree with President Trump that the previous U.S. refugee policy created too many unnecessary security risks, and also that temporary freezes and bans and the like in general are needed to enable his administration to develop a detailed alternative – including better vetting procedures . I also admire the vigor with which Mr. Trump has plunged into the presidency. But in the case of this Executive Order, it looks like too much haste might have needlessly created serious problems today, and the potential for more down the road.

Im-Politic: No Learning Curve for America’s Left on Immigration

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American Muslims, Angela Merkel, assimilation, Attorney General, Cory Booker, Democrats, Elizabeth Warren, Germany, Hillary Clinton, Im-Politic, Immigration, Jeff Sessions, Jeremy Corbyn, Labour Party, liberals, Marketwatch.com, Muslims, national security, Obama, Open Borders, progressive, Social Democratic Party, terrorism, Trump, United Kingdom

I keep waiting for America’s self-styled progressives to start recognizing that they’re going absolutely nowhere in national politics until they abandon their devotion to Open Borders policies, and start responding to their fellow citizens’ legitimate economic and especially security concerns about mass immigration.

Sadly, nothing could be clearer from recent developments than that the wait will continue indefinitely. Even worse, the U.S. Left seems to be even more clueless on the subject than its counterparts in Europe.

Certainly President Obama remains unrepentant about his own record. In his Farewell Address, he touted his record in fighting Islamic terrorism overseas (not that he used the term), and warned against the dangers of domestic radicalization. But his boast that “no foreign terrorist organization has successfully planned and executed an attack on our homeland these past eight years” once again made painfully clear his neglect of the dangerous impact of already having admitting so many newcomers whose original religion or culture creates huge obstacles to successful assimilation into American society. Why else would he have glossed over the deadly attacks by Muslim immigrants in Boston, San Bernardino, and Orlando?

In fact, according to Mr. Obama, the only Americans who need to learn about current and emerging immigration realities are those in the native-born population – because their fear that some immigrants today could “destroy the fundamental character” of the country is not only obsolete, but bigoted.

Other progressives also seem to be doubling down on efforts to address valid immigration concerns with smears. Can anyone reasonably doubt, for example, that Alabama Republican Senator Jeff Sessions’ appointment as President-elect Trump’s Attorney General would be sailing through the Senate if had not so forthrightly championed immigration realism – and enforcing the nation’s existing laws?

Yes, many Senate Democrats have accused Sessions of harboring racist views and neglecting the rights of a wide variety of discrimination victims. At the same time, none of these alleged transgressions prevented New Jersey Democratic Senator Cory Booker – Sessions’ leading Congressional opponent – from feeling “blessed and honored” just last year “to have partnered with Sen. Sessions in being the Senate sponsors” of a Congressional Gold Medal for the voting rights activists of the 1960s. No one else in the Senate protested, either.

Maybe Booker’s Massachusetts Senate colleague, Elizabeth Warren, is moving in the opposite direction? Not if her declaration that she’s running for reelection is any indication. Warren marked the occasion by vowing to “fight back against attacks on Latinos, African-Americans, Muslims, immigrants, women, and LGBT Americans. Our diversity is what makes our country strong – and on this, there will be NO compromise.” As if all these groups can be lumped in the exact same victimization category.

In fact, the only sign of progress I can detect is that no progressives are urging Mr. Obama or Mr. Trump to quintuple the number of U.S. refugee admissions from war-wracked Middle Eastern countries – as failed Democratic presidential contender Hillary Clinton proposed.

The contrast with European progressive leaders is stunning. As reported in an insightful column on Marketwatch.com, the head of Germany’s Social Democratic Party – and the country’s vice chancellor in the current coalition government – is calling for “ncreased video surveillance…a ban on fundamentalist mosques as breeding grounds for terrorism, and…an end to freeloading on Germany’s generous child-support subsidies by other European Union citizens.”

Another German progressive leader has slammed Chancellor Angela Merkel for “uncontrolled border opening [and]a police force that has been downsized to the point of inefficiency, that neither has the personnel nor the technical resources that would enable it to cope with the current threat situation,”

Meanwhile, Jeremy Corbyn, who heads the United Kingdom’s struggling Labour Party, is unmistakably rethinking his former opposition to Britain’s decision to leave the European Union in large part because of the grouping’s lax immigration policies. Corbyn had previously opposed “Brexit,” which British voters passed in a referendum in June.

Germany, of course, has experienced Muslim terrorist attacks much bloodier than America’s. The Labour Party seems headed for its worst showing in Parliament since the 1930s. Will it take these kinds of security and political disasters to bring U.S. progressives to their senses on immigration?