Protecting the Nation from Foreign Terrorist Entry into the United States - Trump’s Delayed Immigration Policy 1

Over the last 10 days, American citizens have been bombarded once again with “fake news”, disinformation, and outright lies, stating that there has never been terrorist attacks in the United States by foreign nationals from the “seven” Muslim majority nations harboring radical Islamic terrorists, and that it is unconstitutional for the President of the United States does not have the authority to prevent foreign nationals from entering the U.S.  In fact, the truth is that six times in the last 135-years the U.S. Presidents have legally established policy to prevent foreign nationals from entering the U.S., regardless of their status as immigrants, migrants, or refugees.

In light of wide-ranging authorities the President of the United States has wide-ranging authority to protect the nation and determine who may enter. Federal statute gives the president wide latitude to control immigration when he believes U.S. national interests and national security are at stake;

WHEN IT COMES TO NATIONAL SECURITY, AND PROTECTING THE UNITED STATES ACCORDING TO U.S. FEDERAL LAWS AND THE U.S. CONSTITUTION, ONLY AMERICAN CITIZENS HAVE THE RIGHT TO ENTER THE UNITED STATES.

Contrary to the “travel ban” label — the Executive Order signed by President Trump temporarily suspended the granting of visas from seven failed and failing countries that are supplying, facilitating and encouraging and inspiring many of the radical Islamic terrorists plaguing the world.

Nevertheless, in recent weeks, once again fake news and a propaganda campaign of deliberate and intentional lies has been promulgated by the Democrat leaders in Congress, most of the national network news and their anchors (with the exception of FOX News), the liberal left media establishment of political pundits and so-called political experts. As a result, Americans are once again being manipulated and intentionally confused from understanding the situation, U.S. law, and the rights of both legal citizens and those of immigrants, illegal immigrants, migrants and refugees.

Further, other shadow group funded by billionaire George Soros, the Muslim Brotherhood, and other left-leaning lobbyists, as well as the far-left Hollywood celebrities are making hundreds speeches and supporting massive demonstrations opposing the temporary moratorium on the entry of foreign nationals from seven of the forty-three Muslim majority nations, many of which are harboring, providing safe-haven, transit and other forms of support to radical Islamic terrorists. Such efforts have further blurred American’s understanding of the authorities of the President versus those of foreigners, let alone U.S. federal law and the U.S. Constitution.

Despite the propaganda being spewed, these seven nations were not chosen at random.  They were all singled out as exceptional security risks by the U.S. Intelligence Community which promulgated the need for the Terrorist Prevention Act of 2015, which was signed by President Barack Obama, along with its addendum and extension a year later in 2016.

In fact, as I noted in my February 2nd article, President Trump’s Executive Order does not even mention the seven countries by name, it merely refers to the sections of the U.S. Code that were changed by the again, Terrorist Prevention Act of 2015, which states;

I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90-days from the date of this order.

That is exactly what President Trump has done. The Executive Order he signed on January 27th on “Protecting the Nation From Foreign Terrorist Entry Into the United States” suspends for 90-days the issuance of visas to anyone trying to enter the U.S. from seven countries that President Obama identified as “countries of concern” because of their terrorism histories and ties to radical Islamist terror groups.

President Trump’s Executive Order is in accordance with U.S. Code and the Terrorist Prevention Act of 2015, again, signed by President Obama, and in it, added and issued a 90-day moratorium on the entry of “all” foreign nationals regardless of their religions, in order to buy time to keep Americans safe and secure while developing an efficient, effective and valid vetting process. Essentially, a certification process to identify radical Islamists, those sympathetic to that cause, and or those who have the propensity to facilitate and support them can be detained and deported.

So how and why did President Trump determine that this needed to be done now and so quickly? And why the seven Muslim countries that were selected? The reason, years of intelligence reports and assessments by the U.S. intelligence community that revealed and identified the relevant terrorist threat and likelihood and propensity of the terrorist threat. Further, radical-Islamic terrorist infiltration, activities, and threats within the U.S. over the last eight-years, were covered up using politically correct language, and by failing to properly identify those responsible for the terrorist attacks.

The seven Muslim majority countries that are harboring radical Islamic terrorists are; Somalia, Iraq, Sudan, Yemen, Syria, Libya and Iran. For Iran, the moratorium is 120-days. Except for Iran, the governments of those identified nations harboring radical Islamic terrorists lack identity controls, and are unable to verify that individuals residing in those countries, are who they state they are. Only seven of the forty-three Muslim nations in the world have had a 90-day moratorium on refugee resettlement imposed upon them. However, certain and specially identified refugees from the seven nations harboring terrorists that are in dire straits have been processed for entry into the U.S.

Two of those terrorist harboring nations, Iran and Libya, should probably never be permitted to send Muslim refugees into the United States, because Iran is largest state sponsor of terrorism in the world, and Libya has absolutely no control over thousands of ISIS and al-Qaeda radical Islamic terrorist operating freely within the country. The attachment lists the dates radical Islamic Terrorists from the seven nations harboring terrorists have attacked and/or killed American citizens in the United States.

For the last eight-years, 78 of the 94 radical Islamic terrorist attacks and/or radical-jihadist killing sprees against American citizens in U.S. cities, were initiated by Muslim refugees, descendants of Muslim refugees, by radicalized Islamists, and radical Islam inspired (either American born or naturalized citizens), or/and by citizens from the nations of Somalia, Iraq, Sudan, Yemen, Syria, and Iran.

In 2011, because of the ongoing terrorist threat, the Obama administration had no choice but issue an Executive Order to put citizens from those seven nations on a “temporary” ban, preventing them from entering the U.S. Again, that subsequently, resulted in the Terrorist Prevention Act of 2015, but it took four-years for Obama to get that implemented into law.

Since September 11, 2001 when the World Trade Center (WTC) was attacked for the second time, cities throughout the U.S. have been attacked 94 times by radical Islamic terrorists. Since 2008, 78 radical Islamic terrorist attacks occurred in 49 U.S. cities, and in many cases those terrorist attacks resulted in the injuries of hundreds of American citizens, and over one hundred American deaths on U.S. soil.

The terrorist attacks on U.S. soil occurred in Sacramento (CA), Houston (TX), Morganton (NC), Philadelphia (PA), San Bernardino (CA), Times Square (NYC), Moore (OK), Detroit (MI), Boise (ID), Orlando (FL), West Orange (NJ), Fort Hood (TX), Portland (ME), Chattanooga (TN), Garland (TX), Boston (MA), Portland (OR), Minneapolis (MN), Buffalo (NY), Jonesboro (GA), Ashtabula (OH), Bingham (NY), Glendale (AZ), Phoenix (AZ), Little Rock (AR), Merced (CA), Marquette Park (IL), Seattle (WA), Skyway (WA), Denver (CO), Aspen Hill (MD), Baltimore (MD), Oakland (CA), Arlington (VA), Fredericksburg (VA), Montgomery County (MO), St Louis (MO), Bowling Green (KY), Scottsville,(NY), Richmond (CA), Washington (DC), Irving (TX), Port Bolivar (TX), Warren (MI), Waltham (MA), Manassas (VA), Buena Vista (NJ), Baton Rouge (LA), Montgomery (AL), and other cities too numerous to be listed here.

For five-years, like they are demonstrating against President Trump’s moratorium—a double standard!

Six times in the last 135-years, the U.S. legally excluded foreign nationals from entering the United States, in accordance with U.S. Federal Law and the Constitution:

  1.  May 6, 1882 President Chester Arthur excluded Chinese nationals from entering the U.S.
  2. On March 3, 1903 President Theodore Roosevelt banned anarchists and others deemed to be political extremists from entering the U.S.
  3. In June 1939, President Franklin Roosevelt excluded Jewish refugees from entering the U.S. during WWII.
  4. On August 23, 1950, Congress passed the Internal Security Act of 1950 to ban Communists from entering the U.S.   Sections of the Act were ruled unconstitutional by the U.S. Supreme Court, however other parts of the Internal Security Act of 1950 are still valid.
  5. The Immigration and Nationality Act of 1952 (December 24, 1952), also known as the McCarran–Walter Act, restricted immigration into the U.S. and is codified under Title 8 of the United States Code (8 U.S.C. ch. 12). The Act governs primarily immigration to and citizenship in the United States.
  6. On April 7, 1980, following the 1979 Iranian Hostage Situation of the U.S. Embassy in Iran, President Jimmy Carter banned Iranians from entering the U.S.
  7. In 1987, the Public Health Service added Aids to the list of “dangerous and contagious diseases”, and President Ronald Reagan banned HIV positive persons from entering the U.S.  In 1993, President Bill Clinton signed the same travel ban.  In 2009, Obama lifted the ban.

Despite these facts and the radical-Islamic terrorist threat emanating from the seven countries identified, on February 3rd, an activist federal district judge, Judge James Robart, issued an unprecedented nationwide injunction against the President Trump’s 90-day moratorium on refugees entering the U.S. — done specifically by to undermine the President’s authority, presuming to know the President’s state of mind.

This decision/action by Judge Robart overturned immigration laws passed by Congress, overturned 200 years of settled law, and violated the U.S. national sovereignty outlined in the U.S. Constitution. Judge Robart’s activism and ambiguous decision reinstated as many as 60,000 visas for foreign nationals from those seven nations harboring radical Islamic terrorists; except for Iran. Those seven countries continue to lack identity controls, and are unable to verify that individuals residing in those countries, are who they state they are. In the interim, they are rushing to push as many unvetted Muslims into the U.S. as is physically capable.

In addition, Judge Robart’s decision provides no discussion of the Constitution or the federal statute that applies to this executive order and the actions of the president, particularly as they relate to national security. Further, and despite the judges authorities, it is not up to a judge to make that national security level or related policy choices. The judge’s only role is to review whether the president’s action is authorized by the Constitution and federal law. And that role and authority is merely a procedural and technical decision. There is no question that the President Trump’s pragmatic common sense approach to reestablish control of our borders for the purpose of national security, meets both of those requirements. Despite what Judge Robart stated, President Trump acted fully within the statutory authority granted to him by Congress, Federal Law, and the Constitution. The unambiguous temporary restraining order issued on February 3rd by Judge Robart is unjustified and has no basis in the law or the Constitution.

Further, Judge Robart, totally ignored the federal statute (8 U.S.C. §1182(f)) cited by President Trump in his executive order. The extensive power given to the president under that statute, gives the president the authority to suspend the entry of any aliens or class of aliens into the U.S. if he believes it “would be detrimental to the interests and national security of the United States.” And he can do so “for such period as he shall deem necessary.” Hence, President Trumps limited scope of his Executive Order and its explicit intent to allow time to develop and implement a valid and certified vetting process.

President Trump’s Executive Order (EO) is based on existing U.S. Federal Law under 8 U.S. Code § Section 1182, which states the following on the subject:

Whenever the President finds that the entry of any aliens or any class of aliens into the United States would be or is determined to be detrimental to the interests and the national security of the United States, the President may by proclamation, and for such a period as the President shall deem necessary, suspend the entry of all aliens, or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions (the President) deems to be appropriate.

The facts are obvious from an examination of his seven-page order which contains absolutely no discussion whatsoever of what law or constitutional provision the president has supposedly and implied to have violated. Further, his decision was purely procedural and technical. It was also irrelevant when it comes to national security and the actual threat of radical Islamic terrorism because it was an assessment that he was incapable of making. His decision was in fact baseless and nor bidding as a result of his comment was essentially off the cuff, with no supporting and valid information or intelligence data. As a result, the temporary restraining order is now on an emergency appeal before a panel of the 9th U.S. Circuit Court of Appeals. We can only hope that the 9th Circuit Court of Appeals follows the law and does not reaffirm and make the same mistake that Judge Robart made.

At the same time, with the responsibility as members of Congress who also have a direct interest in our national security, our Democrat leaders in Congress, and the mainstream liberal media establishment continue to lie to American citizens by calling the 90-day moratorium on refugee resettlement for the seven identified nations harboring radical Islamic terrorist a boycott of Muslims.

We all know there is now an ongoing Democrat Party and establishment agenda and effort to delay and obstruct President Trump’s efforts and accomplishments and to push every one of his policies to the Supreme Court – to languish in the judicial over the course of his presidency. All the while, at the same time “thousands of Muslim citizens” from the forty-three Muslim nations are entering the United States every day, with thousands upon thousands never being adequately vetted.

Jim Waurishuk is a retired USAF Colonel, serving nearly 30-years as a career senior intelligence and political-military affairs officer and special mission intelligence officer with expertise in strategic intelligence, international strategic studies and policy, and asymmetric warfare. He served combat and combat-support tours in Grenada, Panama, Iraq, and Afghanistan, as well as on numerous special operations and special mission intelligence contingencies in Central America, Eastern Europe, the Middle East, Central Asia and Africa. He served as a special mission intelligence officer assigned to multiple Joint Special Operations units, and with the CIA’s Asymmetric Warfare Task Force, as well as in international and foreign advisory positions. He served as Deputy Director for Intelligence for U.S. Central Command (USCENTCOM) during the peak years of the wars in Afghanistan, Iraq, and the Global War on Terrorism. He is a former White House National Security Council staffer and a former Distinguished Senior Fellow with the Atlantic Council, Washington, D.C. He served as a senior advisor to the Commander U.S. Special Operations Command (USSOCOM) and is Vice President of the Special Ops-OPSEC — which provides strategic and operational security analysis and assessments to governmental and private entities, as well as media organizations on national security issues, policy, and processes. He currently provides advisory and consulting services on national security, international strategic policy, and strategy assessments for the U.S. and foreign private sector and governments entities, media groups and outlets, and to political groups, forums, and political candidates. He is an author and writer providing regular commentary and opinion to national and local TV, radio networks, and for both print and online publications, as well as speaking engagements to business, political, civic and private groups on national security matters – focusing on international strategic policy and engagement, and strategic intelligence, and subject matter expertise on special mission intelligence and operations, counter-terrorism, and asymmetric warfare and conflict.