Jan 30, 2017 | Politics
Is Trump’s recent immigration executive order a Muslim ban or a temporary halt on immigration from Jihadist regions?
Benjamin Wittes at Lawfare sees it as “the symbolic politics of bashing Islam” in his essay Malevolence Tempered by Incompetence: Trump’s Horrifying Executive Order on Refugees and Visas:
Section 1. Purpose. The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. […]
Color me skeptical that this is the real purpose. After all, if this is the real purpose, then the document is both wildly over-inclusive and wildly under-inclusive. On the over-inclusive side, it will keep tens of thousands of innocent refugees who have been subject to unspeakable violence outside of the protection of the United States on the vanishingly small chance that these people might be terrorists—indeed, to make it impossible for them even to apply for refugee admission if they are Syrian. It will prevent untold numbers of people about whom there is no whiff of suspicion from coming here as students, as professionals, as tourists. It overtly treats members of a particular religion differently from other people.
On the underinclusive side, the order wouldn’t have blocked the entry of many of the people responsible for the worst recent terrorist attacks. […] The 9/11 hijackers, after all, didn’t come from Somalia or Syria or Iran; they came from Saudi Arabia and Egypt and a few other countries not affected by the order. […] But come now, how could Pakistan not be on a list guided by current threat perception?
[…] I have trouble imagining any reason to raise questions about whether green card holders who have lived here for years can leave the country and then return. Yes, it’s temporary, and that may lessen the costs (or it may not, depending on the outcome of the policy review the order mandates), but temporarily irrational is still irrational.
Put simply, I don’t believe that the stated purpose is the real purpose. […]
When do you do these things? You do these things when you’re elevating the symbolic politics of bashing Islam over any actual security interest. […] It will cause hardship and misery for tens or hundreds of thousands of people because that is precisely what it is intended to do.
For a contrasting opinion read Trump’s Executive Order on Refugees — Separating Fact from Hysteria over at National Review:
So, what did Trump do? Did he implement his promised Muslim ban? No, far from it. He backed down dramatically from his campaign promises and instead signed an executive order dominated mainly by moderate refugee restrictions and temporary provisions aimed directly at limiting immigration from jihadist conflict zones.
Third, Trump’s order also puts an indefinite hold on admission of Syrian refugees to the United States “until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.” This is perhaps the least consequential aspect of his order — and is largely a return to the Obama administration’s practices from 2011 to 2014. For all the Democrats’ wailing and gnashing of teeth, until 2016 the Obama administration had already largely slammed the door on Syrian-refugee admissions. The Syrian Civil War touched off in 2011.
[…] While the Syrian Civil War was raging, ISIS was rising, and refugees were swamping Syria’s neighbors and surging into Europe, the Obama administration let in less than a trickle of refugees. Only in the closing days of his administration did President Obama reverse course — in numbers insufficient to make a dent in the overall crisis, by the way — and now the Democrats have the audacity to tweet out pictures of bleeding Syrian children? It’s particularly gross to see this display when the Obama administration’s deliberate decision to leave a yawning power vacuum — in part through its Iraq withdrawal and in part through its dithering throughout the Syrian Civil War — exacerbated the refugee crisis in the first place. There was a genocide on Obama’s watch, and his tiny trickle of Syrian refugees hardly makes up for the grotesque negligence of abandoning Iraq and his years-long mishandling of the emerging Syrian crisis.
[…] Fourth, there is a puzzling amount of outrage over Trump’s directive 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.” In other words, once refugee admissions resume, members of minority religions may well go to the front of the line. In some countries, this means Christians and Yazidis. In others, it can well mean Muslims. Sadly, during the Obama administration it seems that Christians and other minorities may well have ended up in the back of the line.
[…] you can read the entire executive order from start to finish, reread it, then read it again, and you will not find a Muslim ban. It’s not there. Nowhere. At its most draconian, it temporarily halts entry from jihadist regions. In other words, Trump’s executive order is a dramatic climb-down from his worst campaign rhetoric.
Both articles are worth a read.
You can also read the actual text of the order here: Trump’s Immigration Executive Order
Jan 30, 2017 | Politics
Here is the full text of Trump’s EXECUTIVE ORDER “Protecting the Nation from Foreign Terrorist Entry into the United States“:
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:
Section 1. Purpose. The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.
Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States. The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.
In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law. In addition, the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.
Sec. 2. Policy. It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.
Sec. 3. Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern. (a) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.
(b) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order. The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence.
(c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), 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 (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas). [Related: State Sponsors of Terrorism]
(d) Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.
(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.
(f) At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.
(g) Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.
(h) The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order.
Sec. 4. Implementing Uniform Screening Standards for All Immigration Programs. (a) The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant’s likelihood of becoming a positively contributing member of society and the applicant’s ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.
(b) The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order.
Sec. 5. Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017. (a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures. Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States.
(b) Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, 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. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.
(c) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.
(d) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.
(e) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest — including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship — and it would not pose a risk to the security or welfare of the United States.
(f) The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection (b) of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order.
(g) It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees. To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.
Sec. 6. Rescission of Exercise of Authority Relating to the Terrorism Grounds of Inadmissibility. The Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda.
Sec. 7. Expedited Completion of the Biometric Entry-Exit Tracking System. (a) The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.
(b) The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section. The initial report shall be submitted within 100 days of the date of this order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days of the date of this order. Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational.
Sec. 8. Visa Interview Security. (a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.
(b) To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.
Sec. 9. Visa Validity Reciprocity. The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable.
Sec. 10. Transparency and Data Collection. (a) To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter:
(i) information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to a terrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;
(ii) information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and
(iii) information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later; and
(iv) any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.
(b) The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels.
Sec. 11. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
Update: January 29, 2017
The NY Times reports that:
On Saturday night, a federal judge in Brooklyn blocked part of Mr. Trump’s order, saying that refugees and others being held at airports across the United States should not be sent back to their home countries. But the judge stopped short of letting them into the country or issuing a broader ruling on the constitutionality of Mr. Trump’s actions. Federal judges in three states — Massachusetts, Virginia and Washington — soon issued similar rulings to stop the government from removing refugees and others with valid visas. The judge in Massachusetts also said the government could not detain the travelers.
On Sunday morning, the Department of Homeland Security said it would comply with the rulings while it continued to enforce all of the president’s executive orders. “Prohibited travel will remain prohibited,” it said in a statement.
Reince Priebus, the White House chief of staff, said on Sunday that green card holders from the seven banned countries would not be prevented from returning to the United States “going forward.” That appeared to be a reversal from one of the order’s key components.
Mr. Priebus also said that border agents had “discretionary authority” to subject any travelers, including American citizens, to additional questioning and scrutiny if they had been to any of the seven countries mentioned in the executive order. [Trump’s Executive Order on Immigration: What We Know and What We Don’t – The New York Times]
Jan 3, 2017 | Culture
Dear Artist:
I urge you to consider this argument for the dissolution of the National Endowment for the Arts.
The United States was founded on the principle of individual rights: life, liberty, property, and the pursuit of happiness. Everyone has a right to pursue the arts or enjoy them, provided he does so with his own time and money. To force an individual to pay for someone else’s art is a violation of the individual’s right.
I have acted, and I have written and produced plays; nothing would be more shameful to me than to force others to pay for my work whether they valued it or not.
We will never know the great and revolutionary creations in art, science, and all other fields that were aborted by the government’s looting of the creators of wealth in the name of the looters’ idea of creativeness. We will never know what private joys every hard-working individual was forced to forego to finance someone else’s notion of good art.
Confiscating individuals’ hard-earned money to finance the welfare state is bad enough when the money goes for material goods such as food and shelter; but to use the money to subsidize intellectual products is especially destructive of freedom, because it destroys our means of preserving freedom: it destroys the freedom of ideas. Government funding of the arts is as deadly as government funding of religion or the press.
Not by rational persuasion but rather through the physical threat behind the tax collector, the NEA has enforced a nationwide orthodoxy of thought in the arts; and it has suppressed ideas that are not favored by that arm of the government.
A theater company, for example, that is not “endowed” by the NEA is at a competitive disadvantage in the marketplace. The “endowed” companies can charge less for tickets, have more elaborate facilities—while bidding up the prices every company must pay—and offer more to its actors. Taxpayers, who are already paying for the “endowed” companies, are less able to pay again for the unendowed. Is this the way to safeguard freedom in the arts?
I have written a play that shows the evil of government funding of art, science, and medicine. Will my work be considered fairly by the NEA, or by theater companies that receive NEA funding; or by producers, who nowadays—to siphon subsidies their way—try to have their projects presented by subsidized theaters before beginning a commercial run?
That individuals today are forced to pay for art they abhor is a moral outrage. It is spiritual rape.
NEA Chairman Jane Alexander recently told Congress, “We are jumpstart money, the only national measure of recognizing excellence. We exist to leverage the other public and private monies, and we do our job well—on average, leveraging $11 for every dollar we award.” (Testimony on April 5, 1995 before the House Appropriations Committee, quoted in Backstage.) Thus, an agency of government force presents itself as the only means available to private funding sources for selecting the best art nationwide. And the NEA’s goal is to “leverage”—that is, to direct, to direct lots of—private money in the direction the NEA chooses. Is this the role of government in a free society?
The introduction of force always has insidious and far-reaching destructive effects too numerous to catalog. The money spent by government on art may seem like a relatively small amount to some, but this “leveraged money” has gone far toward making artistic funding a matter for political edict rather than freedom.
Most people recognize how destructive it would be for the government to “endow” the Catholic Church or some fringe religious group—or The New York Times or some political newsletter. It is just as destructive for government to endow Lincoln Center or some Off-off Broadway troupe.
Advocates for the NEA claim that its opponents are fanatics for censorship. But the NEA, funded through government force, is itself by nature a censor. Any work of art that does not meet the NEA’s criteria—whatever the criteria, stated or implicit—is to an extent censored. Moreover, advocates for the NEA are the most useful—though often unwitting—intellectual allies that any would-be book-burner could have prayed for. The NEA established the premise that government can decide what art is good and will be forcibly supported. It is merely the logical extension of that premise to claim that government can decide what art is bad and will be forcibly shunned. Government propaganda and censorship go hand in hand.
Because it is the only arts ‘advocate’ with the power of force behind it, government thus becomes the only means of recognizing art as good or bad, and the NEA Chairman gets her wish. Advocacy by force is a contradiction in terms. Force preempts advocacy. Government is an arts enforcer.
Art and force do not mix, just as force does not mix with any kind of thought. Art is addressed to the mind; a mind must be free to think, to evaluate, to respond emotionally—or not. An artist can show, persuade, evoke; he cannot force. You cannot hold a gun to someone and command him to enjoy your idea of beauty.
Some ‘artists’ argue that once people are exposed to their work, even if by force, then these people will realize how good the work is. This argument is the rationalization of a rapist: “My victim does not yet realize how desirable I am, and so I will have to take the matter into my own hands, for my victim’s own ultimate good and enjoyment.”
That individuals today are forced to pay for art they abhor is a moral outrage. It is spiritual rape.
It is no wonder that so many of the new works awarded NEA money are expressions of nihilism. Mind-hating motives are consistent with mind-killing means. Government did not cause nihilism in art, but government has helped spread nihilism from the pseudo-intellectual fringes of a few cities to the mainstream of every American community. And government has made it more difficult for real innovators in art to reach an audience. The best artistic minds—the minds that understand and respect the creative potential of every mind when not forced—must struggle even harder, if they stay in their bureaucratized profession at all, or go into the profession in the first place.
Please help save the arts by restoring artistic freedom. Fight for the artist’s freedom by defending freedom as a universal principle, which holds for every individual mind. Speak out for the termination of the NEA and every other means of government force in the arts, including state and local arts agencies, the Corporation for Public Broadcasting, and government licensing of television and radio stations.
Sincerely,
Ron Pisaturo
P.S. To anyone interested in gaining a better understanding of individual rights, freedom, and art, I recommend the work of arguably the greatest artist in history: novelist and philosopher Ayn Rand.
The above is a slightly edited version of an open letter written by the author in May, 1995, and was first published on the author’s blog. Ron Pisaturo is a writer and philosopher. He has written a screenplay, The Merchant of Mars and is author of Masculine Power, Feminine Beauty. Visit his blog at ronpisaturo.com.
