The President’s power to keep aliens out 4

Further to yesterday’s post, The Left’s abuse of children, and our argument that the best way to deal with the flood of illegal aliens crossing into the US over the southern border is to send them straight back to where they came from, here’s an authoritative opinion that the President has the power to do this.

Daniel Horowitz* examined Article II of the Constitution which gives the President control foreign affairs – reiterated as delegated congressional authority under 8 U.S.C. §1182(f) (Sec. 212(f) of the INA) – and writes at Conservative Review:

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.

There are three important observations to be made here:

  1. The criteria for exclusion is not based on “national security concerns” or “terrorism.” It’s anything that, in the determination of the president, would be “detrimental to the interests of the United States.” That includes public welfare, health concerns, values, attitudes, etc. Thus, in this case, where the surge has already created the worst drug and gang crisis in the history of the country, the president would be justified in invoking this power.
  2. Just like the president has the authority to completely shut off immigration, he may impose any restrictions on entry even if he chooses to continue various forms of immigration. Thus, in order to abide by the Geneva Conventions on asylum, the president can condition any asylum claims on applying at a U.S. consulate in Mexico, not at the border – or turn them back immediately.
  3. This is not the type of provision in which a court can demand evidence that the condition of “detrimental to the interests of the United States” was met. The delegation of authority was designed as plenary power. The courts have absolutely no authority to second-guess the president’s determination. That is up to Congress and the electorate. As a recent Congressional Research Service report observes, from the House report on the 1952 immigration bill that granted this authority: “The bill vests in the President the authority to suspend the entry of all aliens if he finds that their entry would be detrimental to the interests of the United States, for such period as he shall deem necessary” (H.R.RPT.1365, 82d Cong.,2d Sess., at 53 (Feb. 14, 1952)).

Section 212(f) has been invoked 43 times since 1981, 19 of which were by President Obama. The one major Supreme Court case covering 212(f) was Sale v. Haitian Centers Council, Inc. (1993), which dealt with a policy established by Bush 41 and Clinton to apprehend Haitians traveling by sea to our shores. The policy was designed to return these Haitians to their home country before they could land in the United States and apply for asylum. In a clear 8-1 decision authored by Justice John Paul Stevens, the court fully upheld the act and made it clear that there are no limitations on 212(f) authority.

Similarly, the few lower court decisions on this matter clearly affirmed long-standing settled law. Any alien who enters the country without lawful status or against the president’s 212(f) proclamation is considered to be outside our borders and has no right to apply the due process of deportation procedures to his predicament.

In one of the few cases on 212(f) (Encuentro del Canto Popular v. Christopher, 1996), a district judge in California made it clear that not only does the president have the delegated authority from the legislature to cut off visas, but he also has his own powers to conduct foreign affairs:

The exclusion of aliens is a fundamental act of sovereignty. The right to do so stems not alone from legislative power but is inherent in the executive power to control the foreign affairs of the nation. When Congress prescribes a procedure concerning the admissibility of aliens, it is not dealing alone with a legislative power. It is implementing an inherent executive power” [930 F. Supp. 1360, 1365 (N.D. Cal. 1996)]. …

In addition to INA 212(f), there is another section — INA 215(a)(1) — that grants the president an almost equal level of authority to regulate entry of all aliens, which includes both immigrant and non-immigrant visas:

Unless otherwise ordered by the President, it shall be unlawful–

(1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe;

If demanding that all immigrants enter legally or apply for asylum in a safe and controlled environment at a consulate rather than at a border controlled by some of the most dangerous people in the world is not a “reasonable rule”, I’m not sure what is. According to the Congressional Research Service, President Carter used 215(a)(1) authority to suspend immigrant and non-immigrant visas from Iran following the Iran hostage crisis. Bill Clinton also used it to prevent Haitians from landing on our shores. These regulations clearly cover even legal permanent residents; they therefore certainly cover people who have no ties to our country and are seeking entry at our border for the first time.

The point is that nobody ever has a claim to land on our shores without the consent of the president, and the president can block such entry using both his inherent Article II powers and these two sections of the INA. As the Supreme Court said in Youngstown Sheet & Tube Company v. Sawyer, “When the president acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate.”

Also, let us not forget that even if individuals find a way onto our soil, that does not give them any affirmative rights. Constitutional rights on our soil only apply to a person who comes here with consent. That is deeply rooted in social compact theory and settled law. As the court said long ago in United States v. Ju Toy, a person who comes to the country illegally is “to be regarded as if he had stopped at the limit of its jurisdiction, although physically he may be within its boundaries”. 

Trump is reportedly looking for a way to go big on immigration using executive authority. He already has the ultimate authority to shut off the migration completely. And that is all the leverage he needs over Congress.

 

*Find Daniel Horowitz’s book Stolen Sovereignty: How to Stop Unelected Judges from Transforming America here.

The traitor president 1

Obama deceived and betrayed the nation he was elected to lead.

The Weekly Standard reports:

The Senate Permanent Subcommittee on Investigations (PSI), led by Senator Rob Portman, [has] released a majority report reviewing the Obama administration’s communications and financial maneuverings with Iranian officials at the time of the Iran nuclear deal. The report, Review of U.S. Treasury Department’s License to Convert Iranian Assets Using the U.S. Financial System, reveals in fuller detail the duplicitous ways in which Obama administration sold the agreement.

As part of the Iran Joint Comprehensive Plan of Action (JCPOA), according to the testimony of several Obama-era officials including its Treasury Secretary Jack Lew, Iran was to be denied access to the U.S. dollar and the U.S. banking system. The administration’s message was clear, both before and after the deal’s signing: Iran would not be given access to the U.S. financial system. Yet the administration circumvented its own stated policy.

On February 24, 2016, the report reveals, the Treasury Department issued a license permitting Iran to convert $5.7 billion it held in Oman from Omani rials to U.S. dollars and then into euros. This would have directly violated the sanctions law then in place as well as the terms of the JCPOA. The only reason the transaction never took place is that American banks, despite pressure from the Obama administration, refused to go along, citing “compliance, reputational, and legal risks.” To put it plainly: Obama officials asked U.S. banks to break the law, and the banks said no.

Not only that. When Obama-era officials were questioned by lawmakers about whether Iran would have access to the U.S. banking system, those administration officials failed to disclose that, in fact, they had already actively facilitated Iran’s access.

The PSI report also sheds light on the “roadshows” in which Treasury officials advised foreign companies and foreign subsidiaries of American companies on how to do business with Iran without incurring penalties. U.S. government officials had conducted “roadshows” to advise foreign companies and foreign subsidiaries of American companies on how to avoid penalties in doing business with Iran. In these seminars, the report explains, Treasury officials “downplayed any potential future penalties or fines, stating that 95% of the time, [Treasury’s Office of Foreign Assets Control] sends a warning letter or takes no action.”

Don’t worry about doing business with Iran, in other words. Nobody’s going to punish you.

… When Obama administration officials couldn’t persuade Congress and the public of their outlook, they simply lied about it. … The previous administration, it seems, perpetrated deliberate untruths with calamitous consequences for U.S. policy in the Middle East. We look forward to seeing that administration’s officials held accountable.

But will that ever happen?

We wrote in our post The highest treason (October 12, 2016):

Is there any precedent in history for this?

Has any other head of state ever done what President Obama is doing to help empower an enemy?

Far from preventing Iran from becoming a nuclear power, as he and Hillary Clinton glibly claim to the nation, Obama goes to extreme lengths to make sure that Iran WILL BE ARMED WITH NUCLEAR WARHEADS AND THE MISSILES TO DELIVER THEM. 

What motive can Obama possibly have?

The only way to to guess the answer to is to look at what Iran is likely to do when it has its nukes.

Will Iran use them against America? The threat has been made.

Is Iran likely to use them against Israel? Iranian leaders have said repeatedly that they want to destroy Israel. (See here and here.)

So the harming of America and the destruction of Israel are Obama’s objectives?!

Is there any other possible explanation?

Now Robert Spencer writes at Front Page:

In a sane political environment, Barack Obama would be tried for treason.

Barack Hussein Obama has planted seeds that will be bearing bitter fruit for years, and probably decades, to come.

He is, without any doubt, the worst President in American history.

Fillmore, Pierce, Buchanan? Yes, the doughface Presidents made the Civil War inevitable, but worse came later.

Grant? Blind to corruption and out of his depth, but there have been worse than he as well.

Wilson? That black-hearted Presbyterian bigot arguably gave the world Hitler and World War II, so he is definitely in the Final Four.

Harding? Nah: his tax cuts and return to “normalcy” got the American economy, and the Twenties, roaring.

Yes! Precisely for that, Harding was one of the best presidents.

FDR and LBJ gave us the modern welfare state and dependent classes automatically voting Democrat; the full bill on the damage they did hasn’t yet been presented.

Nixon? A crook and an economic Leftist, who betrayed Taiwan for the People’s Republic; his record certainly isn’t good.

Carter? Nothing good can be said about his four years of sanctimony and incompetence.

But there is one thing Barack Obama has on all competitors: treason.

He showered hundreds of billions of dollars on the Islamic Republic of Iran. There are those who say, “It was their money. It belonged to the Iranian government but was frozen and not paid since 1979.” Indeed, and there was a reason for that: not even Jimmy Carter, who made the Islamic Republic of Iran possible, thought that money, which had been paid by the Shah’s government in a canceled arms deal, belonged to the mullahs who overthrew the Shah. Likewise Reagan, George H. W. Bush, Clinton, and George W. Bush all thought that the Islamic Republic was not due money that was owed to the Shah.

Only Barack Obama did.

The definition of treason is giving aid and comfort to the enemy. The leaders of the Islamic Republic of Iran order their people to chant “Death to America” in mosques every Friday, and repeatedly vow that they will ultimately destroy the United States of America and the state of Israel. How was giving them billions and helping them skirt sanctions applied by the U.S. government not treason?

Other Presidents have been incompetent, corrupt, dishonest, but which has committed treason on a scale to rival the treason of Barack Obama?

The Iranians also operate a global network of jihad terror organizations, one of which, Hizballah, is quite active in Mexico now, with the obvious ultimate intention of crossing the border and committing jihad massacres of Americans. Obama has given a tremendous boost to these initiatives, as well as to Iran’s nuclear program, with his nuclear deal that has given the Iranians hundreds of billions of dollars and essentially a green light to manufacture nuclear weapons, in exchange for absolutely nothing.

There is no telling when the worst consequences of Obama’s aid and comfort to the Islamic Republic of Iran will be felt. But they likely will be felt in one way or another. Even as President Trump moves swiftly to restore sanctions and put Iran on notice that its nuclear activity and global adventurism will not be tolerated, those billions cannot be recovered, and the Iranians have already spent a great deal for their jihad cause.

However this catastrophe plays out, there is one man who will suffer no consequences whatsoever: Barack Obama. That’s Leftist Privilege. It’s good to be a powerful Leftist in Washington nowadays. Laws? Pah! Laws are for conservatives.

Sadly, we think he is right. Obama is unlikely to be punished for his crimes – which include treason.

Will he at least stand condemned in the court of public opinion?

Rewarding evil 4

“Resist not evil”, Christianity teaches. “Forgive.” “Love your enemies.”

Thus does Christianity absolutely repudiate the principle of justice.

One would think that Obama really is a Christian, the way he’s treating the evil despots of Iran.

What does Iran deserve? What would be just?

This is from Front Page, by Daniel Greenfield:

“The worst part for me is that nobody remembers,” Mark Nevells said last year on the anniversary of the Hezbollah bombing of the Marine barracks in Beirut.

A Marine had thrown his body in front of the truck to try stop the vehicle and afterward for five days, Nevells and other Marines had dug through the rubble for the bodies of the men they had served with.

One of the first Marines on the scene heard voices coming from underneath the rubble. “Get us out. Don’t leave us.”

The Marines lost more people that day than at any time since Iwo Jima and the number of Americans murdered that day by a terrorist group was a record that would stand until September 11.

In Washington, the murder of 220 Marines and the Iranian, Ismail Ascari, who drove the truck full of explosives that tore through their barracks, are inconvenient truths and lost memories. And it has always been that way.

Before the attack, the NSA intercepted a message from Iranian intelligence in Tehran to the Iranian ambassador in Damascus ordering “a spectacular action against the United States Marines.”

Mohsen Rafiqdoost, Khomeini’s bodyguard who helped found Iran’s Revolutionary Guard and served as Minister of Revolutionary Guards during the bombing, boasted, “both the TNT and the ideology, which in one blast sent to hell 400 officers, NCOs, and soldiers at the Marines headquarters, were provided by Iran.”

Today Mohsen is a millionaire and stands to make a huge profit from the flow of goods after Obama’s weakening of sanctions on Iran. He also boasts of being the “father of Iran’s missile program” …

The Marines who died in the bombing were lucky. Another Marine did not die as quickly.

Colonel William R. Higgins was captured by Hezbollah, the terrorist group acting as Iran’s hand in Lebanon, and tortured for months until his body was dumped near a mosque. An autopsy report found that he had been starved and had suffered multiple lethal injuries that could have caused his death. The skin on his face had been partially removed along with his tongue and he had also been castrated.

Fred Hof, a diplomat who had been a friend of the murdered man, said, “I am one of a small handful of Americans who knows the exact manner of Rich’s death. If I were to describe it to you now – which I will not – I can guarantee that a significant number of people in this room would become physically ill.”

The State Department, not the Defense Department, had the lead. That meant diplomacy, not military might. It meant no retribution, no retaliation, no rescue,” Robin L. Higgins, his wife, wrote.

Colonel Higgins’ wife and daughter sued Iran for the murder and won a $355 million judgment from seized Iranian assets. The court found that, “Although an act of cruel savagery, the mutilation of the Colonel’s body was apparently consistent with the Islamic Guard’s fulfillment of Iranian foreign policy.”

Like Higgins, William Francis Buckley, the CIA station chief, was also captured and tortured for months. On video tapes released by his Hezbollah captors, he was incoherent and his mind had been broken by the horrors inflicted on his ravaged body and his soul.

“They had done more than ruin his body,” CIA Director William Casey said. “His eyes made it clear his mind had been played with. It was horrific, medieval and barbarous.”

Imad Mughniyah was reportedly one of Buckley’s main interrogators and Iran passed along messages offering to trade Buckley in exchange for weapons sales. Robert Stethem, a Navy diver, was brutally murdered when Hezbollah terrorists took over TWA flight 847. The Iranian-backed terrorists, one of whom was Imad Mughniyah, beat and kicked him to death.

“They were jumping in the air and landing full force on his body. He must have had all his ribs broken,” Uli Derickson, the stewardess, described. “I was sitting only 15 feet away. I couldn’t listen to it. I put my fingers in my ears. I will never forget. I could still hear. They put the mike up to his face so his screams could be heard by the outside world.”

Stethem’s screams, like those of the other American victims of Iran, have yet to be heard in Washington.

After the bombing of the American embassy in Beirut, the terrorist group that took credit for the attack warned, “This is part of the Iranian revolution’s campaign against imperialist targets throughout the world.”

It may be tempting to dismiss all this as ancient history, but the terror never stopped. In 1996, 19 Air Force airmen were killed in the bombing of the Khobar Towers with another truck bomb. “The Khobar Towers bombing was planned, funded, and sponsored by senior leadership in the government of the Islamic Republic of Iran,” the judgment in yet another case by victims of terrorism against Iran found.

President Clinton responded to the Iranian act of terror with a conciliatory message to Mohammad Khatami, another newly elected phony reformer playing the part of the President of Iran. “The United States has no hostile intentions towards the Islamic Republic of Iran and seeks good relationships with your government,” Clinton wrote. “In order to lay a sound basis for better relations between our countries, we need a clear commitment from you that you will ensure an end to Iranian involvement in terrorist activity.”

The Iranians rejected the call for peace and Clinton, who had earlier told advisors, “I don’t want any pissant half-measures”, backed down, as he usually did when confronted with Islamic terror.

The 9/11 Commission found evidence that the majority of the “muscle” operatives who would terrorize the crews and passengers had “traveled into or out of Iran between October 2000 and February 2001.” After September 11, top Al Qaeda officials fled to Iran as part of its policy of covertly allowing Al Qaeda terrorists to travel across its border without passport stamps. The key figure in the cooperation between Iran and Al Qaeda was once again Imad Mughniyah who met with and influenced Osama bin Laden.

The 1998 indictment of Al Qaeda stated that the terrorist group had “forged alliances with the National Islamic Front in the Sudan and with representatives of the government of Iran, and its associated terrorist group Hezbollah, for the purpose of working together against their perceived common enemies in the West, particularly the United States.”

After the Israelis finally took out Mughniyah with a bomb in his headrest, Iranian Supreme Leader Ali Khamenei declared, “The pure blood of martyrs like Imad Mugniyah will grow hundreds like him.”

Last week, even while the pro-Iran leftist activists of MSNBC and the Huffington Post were furiously defending Obama’s Iran nuke sellout, the Iranian Minister of Foreign Affairs placed a wreath on Mughniyah’s grave thereby pledging allegiance to everything that the terrorist mastermind stood for.

Even as Iranian President Hassan Rouhani boasted that the nuclear deal meant that the United States and other world powers had “surrendered before the great Iranian nation” and its true ruler, Supreme Leader Ali Khamenei, described the United States as “Satan” and declared it an enemy, the cloud of wishful thinking still lingers in Foggy Bottom breathed by the career diplomats of the State Department.

Jimmy Carter, whose empowerment of the Ayatollah Khomeini left his hands covered in the blood of Americans murdered by Iranian terror, has come out to praised Obama and Kerry for “doing the right thing” while warning that sanctions on Iran would be a “devastating blow”.

All these horrific acts of terror took place as a result of Jimmy Carter’s appeasement of Iran.

What blood price will be exacted for Obama’s appeasement of Iran?

Gasp 0

Fannie Mae and Freddie Mac, the two mortgage giants, “should be abolished”.

Of course. But who says so now?

No other than their greatest champion through the many years of their corrupt practices – Representative Barney Frank.

It was because Barney Frank defended Fannie and Freddie from investigation and oversight that the subprime mortgage disaster pitched the world into economic crisis.

That is why Barney Frank bears a personal responsibility for the recession and the debt Americans have to bear.

Okay, he’s not the only one to blame, but he’s one of the most guilty, along with Presidents Carter and Clinton, and Senator Chris Dodd.

From our post Moment of decision, Sept 29, 2008:

Jimmy Carter, 1977. The Community Reinvestment Act. Banks must make loans to high-risk borrowers.

Bill Clinton, devotee of multiculturalism, pressed for more home-ownership by those who could not afford it, minorities and in effect even illegal immigrants, and Fannie Mae and Freddie Mac responded, buying up hundreds of billions of dollars of the bad loans and sellng them on the world markets.

Barney Frank and Chris Dodd who ran Congress’s banking panels, vigorously and persistently opposed Republican Party efforts to regulate Fannie and Freddie.

From our post Free market not to blame for economic crisis, Oct 4, 2008, quoting Thomas Sowell:

It was liberal Democrats, led by Senator Christopher Dodd and Congressman Barney Frank, who for years –  including the present year – denied that Fannie Mae and Freddie Mac were taking big risks that could lead to a financial crisis.

It was Senator Dodd, Congressman Frank and other liberal Democrats who for years refused requests from the Bush administration to set up an agency to regulate Fannie Mae and Freddie Mac.

It was liberal Democrats, again led by Dodd and Frank, who for years pushed for Fannie Mae and Freddie Mac to go even further in promoting subprime mortgage loans, which are at the heart of today’s financial crisis.

From our post Ten most corrupt politicians, December 31, 2009, quoting Judicial Watch:

Judicial Watch uncovered documents in 2009 that showed that members of Congress for years were aware that Fannie Mae and Freddie Mac were playing fast and loose with accounting issues, risk assessment issues and executive compensation issues, even as liberals led by Rep. Frank continued to block attempts to rein in the two Government Sponsored Enterprises (GSEs)… Frank received $42,350 in campaign contributions from Fannie Mae and Freddie Mac between 1989 and 2008. Frank also engaged in a relationship with a Fannie Mae Executive while serving on the House Banking Committee, which has jurisdiction over Fannie Mae and Freddie Mac.

Obama blamed Wall Street and the banks for the crisis, and did nothing to stop the real culprits. Instead of shutting down Fannie and Freddie, he made its easier for them to carry on undermining the economy.

From our post Fannie and Freddie: the dirty dance goes on, January 4, 2010, quoting Bruce Bialosky at Townhall:

[Fannie Mae and Freddie Mac], which together own or guarantee over one half of home mortgages, and which had previously been injected with a $111 billion bailout, received an unexpected Christmas present from the Obama Administration: an executive order, issued in the dark of the night … The Treasury announced they were eliminating the $400 billion limit available to these two entities – in essence giving them license to fritter away as much money as they want while the American people (and their grandchildren) pick up the tab

What seems to be missing is major reform of the lending practices. There’s no evidence that they’ve become more vigilant in their loan procedures, or more attentive to the credit-worthiness of the borrowers. In fact, it seems pretty clear that they have resumed their lending habits of old.

Proportional fault has never been placed on Fannie Mae and Freddie Mac for the subprime loan crisis.

Because these entities have been protected by Barney Frank in the House and Christopher Dodd in the Senate, the two lenders have escaped the kind of brutal public scrutiny visited upon banks and other lenders. While bankers have been on the hot seat and skewered by late night comedians, the people who run these behemoths have escaped unfazed.

And now it is Barney Frank, of all people, who want them to be abolished.

Investor’s Business Daily comments today:

After years of dissembling and denial, Rep. Barney Frank has finally come out. He now says bankrupt government mortgage giants Fannie Mae and Freddie Mac “should be abolished.” Better late than never.

‘There were people in this society who for economic and, frankly, social reasons can’t and shouldn’t be homeowners,” Frank said in an interview with the Fox Business Network and sounding a lot more like an elephant than a donkey. “I think we should, particularly, stop this assumption that you put everybody into homeownership.”

Barney Frank said that?

(What else is happening today? Are pigs flying? Is the Pope denouncing Christianity? Is Obama siding with America?)

After years of blaming heartless Republicans and Wall Street for the crisis caused by Fannie Mae and Freddie Mac — and their predominantly Democratic supporters in Congress — it’s refreshing to hear a member of the Democratic Party admit his mistakes.

It’s especially true of Frank, who, more than any other elected official, championed the cause of the government-sponsored enterprises Fannie Mae and Freddie Mac. Indeed, Frank is most responsible for stopping GSE reform in the early 2000s, at a time when such a move might have prevented the financial meltdown.

In 2000, when Rep. Richard Baker proposed more oversight for the GSEs, Frank called concerns about Fannie and Freddie “overblown,” claiming there was “no federal liability whatsoever.”

In 2002, again, Frank said: “I do not regard Fannie Mae and Freddie Mac as problems. I regard them as assets.”

In 2003, he repeated himself in opposing reform, saying he did not “regard Fannie Mae and Freddie Mac as problems.”

Even after a multibillion dollar accounting scandal hit Freddie Mac just a month after those remarks, Frank insisted nothing was wrong. “I do not think we are facing any kind of crisis,” he said.

By 2004, Fannie had its own accounting scandal. Frank again insisted it posed no threat to the U.S. Treasury. …

As late as 2008, after the tide of losses and foreclosures washed away Fannie’s and Freddie’s remaining capital, Frank was adamant that it was all Wall Street’s fault: “The private sector got us into this mess … the government has to get us out of it.”

Of course, he had it exactly backward. We’ve already spent $148 billion of taxpayer money on the two losers. The Congressional Budget Office estimates it will ultimately cost taxpayers $389 billion to bail them out. Even that may be too little; at least one private estimate put the final toll at $1 trillion. …

We’ve spent a lot of money for Barney Frank’s education in financial reality. Today, he’s basically saying he and his party were wrong all along.

That’s a good start. But how about an apology? Or even a frank admission that his party’s indefatigable support of Fannie and Freddie — which, prodded by the Community Reinvestment Act, created and funded the massive subprime market that later collapsed — was to blame for our multitrillion dollar meltdown and the loss of millions of jobs? …

Let’s get government out of the business of encouraging homeownership, an undertaking at which it has failed miserably.

Now that the idea is dead, let’s bury it once and for all.