US DHS and State Department Disregard US Law and Supreme Court Ruling and Allow Terrorist Supporters to Become Citizens
Posted on February 11, 2014 byJohn Guandolo
Last week – on February 5th – the Department of Homeland Security and the U.S. Department of State issued a “Notice of Determination” in which it unconstitutionally disregarded U.S. law and the 2010 Supreme Court ruling by creating policy allowing individuals who have materially supported terrorism to become U.S. citizens.
Specifically, the relevant portions of the “Notice” reads: “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: People providing material support to terrorist organizations which this Administration deems as “minor” (as defined later in the notice) will not be subject to US Criminal Code (Title 8) nor the provisions of the “Immigration and Naturalization Act.”
This news was carried over the weekend by several news agencies. This decision by the Obama Administration will, yet again, weaken America’s security.
The wrinkle on this is the 2010 Supreme Court ruling (Holder, Attorney General Et al v Humanitarian Law Project, No. 08-1498, June 21, 2010) the court ruled the pertinent U.S. laws Constitutional and that any support to designated terrorist organizations constitutes “Material Support.” This includes teaching terrorists hygiene, cooking, first aid, vehicle repairs, etc. The Court recognizes – as U.S. law and precedent does in Narcotrafficking and similar crimes – that terrorists co-mingle their funds and their activities, but that all of these activities go to further 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. Over 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 seems to have willingly walked onto the soggy ground of Treason in – like in Syria and Libya – giving direct aid and support to “terrorists” (Jihadis) and enemies of the United States.