One week ago on Wednesday, February 5, the US Department of Homeland Security and State Department issued a “Notice of Determination,” which disregards the Constitution, US Law, and a 2010 Supreme Court ruling by creating a policy that allows individuals who have provided material support to terrorism to become U.S. citizens.
Specifically, the relevant portions of the “Notice” read:
“The Secretary of Homeland Security and the Secretary of State, in consultation with the Attorney General, hereby conclude, as a matter of discretion in accordance with the authority granted by INA section 212(d)(3)(B)(i), 8 U.S.C. 1182(d)(3)(B)(i), as amended, as well as the foreign policy and national security interests deemed relevant in these consultations, that paragraphs 212(a)(3)(B)(iv)(VI)(bb) and (dd) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb) and (dd), shall not apply with respect to an alien who provided limited material support to an organization described in section 212(a)(3)(B)(vi)(III) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(III), or to a member of such an organization, or to an individual described in section 212(a)(3)(B)((iv)(VI)(bb) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb).”
Translation: Individuals whose material support to terrorist organizations this Administration deems to be “minor,” as defined in the Notice, will not be subject to the U.S. Criminal Code (Title 8) nor the provisions of the “Immigration and Naturalization Act.”
This story was carried over the weekend by several news agencies. This decision by the Obama Administration, yet again, weakens America’s security.
An added wrinkle to the story is that the June 21, 2010 Supreme Court’s ruling in Case No. 08-1498 (“HOLDER, ATTORNEY GENERAL, ET AL. v. HUMANITARIAN LAW PROJECT ET AL.) confirmed the Constitutionality of Pertinent U.S. laws, which state that any support provided to designated terrorist organizations constitutes “Material Support.” This includes teaching terrorists about hygiene, cooking, first aid, vehicle repairs, etc. The Court recognizes – as U.S. law and precedent do in Narcotrafficking and similar crimes – that terrorists co-mingle their funds and activities, all of which are used to advance the cause of the organization. This is the legal and common sense approach, which is why it is the law in these United States.
This new government mandate via the DHS and the State Department cuts across the law, the Supreme Court ruling, and common sense. More than twelve years after 9/11, the U.S. government has decided that a “little” support to terrorists is okay. This Administration and the U.S. Attorney General seem to have willingly walked onto the soggy ground of Treason in – as in Syria and Libya – giving direct aid and support to “terrorists” (Jihadis) and enemies of the United States.
© 2014 Understanding the Threat
John Guandolo has years of unique experience helping local, state, and federal leaders identify and deal with real threats. Primarily, he trains citizens, local leaders, and police how to fortify their counties.
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