January 31, 2017

Donald Trump Following Obama-Signed Law on Immigration Hiatus from Middle East

Timothy Birdnow

Here are a point to ponder; Barack Obama banned immigration from the same Muslim countries that Trump has now done - and there was no outrage as we are now witnessing. According to Townhall Trump is using the Visa Waiver Program Improvement and Terrorism Travel Prevention Act - signed into law by Barack Hussein Obama - to restrict travel from the very countries Mr. Obama designated.

Here is the pertinent language:

https://www.law.cornell.edu/uscode/text/8/1187

(6) Not a safety threat

The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States.

[...]

(11) Eligibility determination under the electronic system for travel authorization

Beginning on the date on which the electronic system for travel authorization developed under subsection (h)(3) is fully operational, each alien traveling under the program shall, before applying for admission to the United States, electronically provide to the system biographical information and such other information as the Secretary of Homeland Security shall determine necessary to determine the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United States. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien is eligible to travel to the United States under the program.
(12) Not present in Iraq, Syria, or any other country or area of concern
(A) In generalExcept as provided in subparagraphs (B) and (C)—
(i) the alien has not been present, at any time on or after March 1, 2011—
(I)
in Iraq or Syria;
(II)
in a country that is designated by the Secretary of State under section 4605(j) of title 50 (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 2780 of title 22, section 2371 of title 22, or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or
(III)
in any other country or area of concern designated by the Secretary of Homeland Security under subparagraph (D); and
(ii) regardless of whether the alien is a national of a program country, the alien is not a national of—
(I)
Iraq or Syria;
(II)
a country that is designated, at the time the alien applies for admission, by the Secretary of State under section 4605(j) of title 50 (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 2780 of title 22, section 2371 of title 22, or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or
(III)
any other country that is designated, at the time the alien applies for admission, by the Secretary of Homeland Security under subparagraph

[...]

(D) Countries or areas of concern
(i) In general

Not later than 60 days after December 18, 2015, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall determine whether the requirement under subparagraph (A) shall apply to any other country or area.
(ii) CriteriaIn making a determination under clause (i), the Secretary shall consider—
(I)
whether the presence of an alien in the country or area increases the likelihood that the alien is a credible threat to the national security of the United States;
(II)
whether a foreign terrorist organization has a significant presence in the country or area; and
(III)
whether the country or area is a safe haven for terrorists.

[...]

(C) Law enforcement and security interestsThe Secretary of Homeland Security, in consultation with the Secretary of State—
(i)
evaluates the effect that the country’s designation would have on the law enforcement and security interests of the United States (including the interest in enforcement of the immigration laws of the United States and the existence and effectiveness of its agreements and procedures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate United States law);
(ii)
determines that such interests would not be compromised by the designation of the country; and
(iii)
submits a written report to the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the country’s qualification for designation that includes an explanation of such determination.

[...]

(i) In general

In the case of a program country in which an emergency occurs that the Secretary of Homeland Security, in consultation with the Secretary of State, determines threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States), the Secretary of Homeland Security shall immediately terminate the designation of the country as a program country.

[...]

(C) Suspension of designation

The Secretary of Homeland Security, in consultation with the Secretary of State, may suspend the designation of a program country based on a determination that the country presents a high risk to the national security of the United States under subparagraph (A) until such time as the Secretary determines that the country no longer presents such a risk.

END EXCERPTS.

So all this fake news and fake outrage is entirely that; a Potemkin Village with no substance. Stockholm John McCain and his Mini-Me, that cracker Lindsay Graham, are full of sh, er, balogna in their faux moral outrage; they were silent when the BHO did this. This is absolutely proper and sensible and well within the legal jurisdiction of the President of these United States.

Posted by: Timothy Birdnow at 09:58 AM | No Comments | Add Comment
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