GREETINGS

NEWS ITEM ONE: 

President Obama’s latest statement on immigration at his State of the Union address on January 27, 2010

NEWS ITEM TWO: 

Congressman J. Gresham Barrett proposes the Stop Terrorist Entry Program Act of 2010

COMMENTARY

1.  President Obama’s Latest Statement on Immigration:

President Obama said the following on January 27, 2010:  “And we should continue the work of fixing our broken immigration system – to secure our borders, enforce our laws, and ensure that everyone who plays by the rules can contribute to our economy and enrich our nations.  In the end, it is our ideals, our values that built America – values that allowed us to forge a nation made up of immigrants from every corner of the globe; values that drive our citizens still.” 

I find it interesting that the initial mandate is to “secure our borders.”  U.S. Customs and Border Patrol has always received the lion share of any money allocated to immigration.  This statement, therefore, is in line with policies followed by previous administrations.

President Obama has acknowledged the flaws by calling this a “broken immigration system.”  But, when will we witness congressional debates on this issue?  Senator Chuck Schumer (D-N.Y.) was rumored to introduce and hold hearings on a major immigration bill in the fall of 2009.  What happened?  I can think of several big ticket items that have derailed immigration reform:  the economy, wars in Iraq/Afghanistan, and a lively debate over health care reform.  Congressional elections will also take place on November 2, 2010.  These elections will also play a big role in the timing and strategy involved in any debates over proposed immigration reform.

2.  Stop Terrorist Entry Program (STEP) Act:

Here is the main portion of the law that could affect a national or even a resident of a country determined to be a state sponsor of terrorism:

‘‘SEC. 295. (a) IN GENERAL.—No nonimmigrant or immigrant visa may be issued, or nonimmigrant or immigrant status otherwise provided, other than a visa or status described in section 101(a)(15)(A) or 201(b)(2)(A)(i), to any alien who is a national of, or residing in, a country that is determined to be a state sponsor of terrorism, except the Secretary of Homeland Security (or the consular officer, in the case of an application for a visa) may, on a case-by-case basis, waive the application of this subsection in the case of an alien who—

(1) requires examination or treatment for an emergency medical condition (as defined in section 562(d) of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (8 U.S.C. 1396(d))); or

(2) is eligible for admission as a refugee under section 207 or for asylum under section 208.

The proposal has plenty of opposition, and for good reason.  The measure seems draconian.  If you are a national or even a resident of a country determined to be a state sponsor of terrorism you cannot get a temporary nonimmigrant visa.  That would typically mean no visitor, student or professional visas granted to anyone caught in such a net.  That would also cover immigrant visas for the same foreigners as well. 

The countries affected by this proposal include Cuba, Iran, Sudan and Syria.  Given recent reports of increased levels of terrorist activities in Yemen, Congressman Barrett has requested that its citizens not be allowed to enter the United States. http://www.barrett.house.gov/index.cfm?sectionid=9§iontree=3,9&itemid=1254

The proposed law has the following exceptions:

1.  Immediate relatives.--For purposes of this subsection, the term "immediate relatives" means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.

2.  An ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family;

3.  Upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and

4.  Upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under exceptions 2 and 3 above

Here are some opposition views:

1.  Here is a story of an Iranian student who acted heroically at the World Trade Center on September 11, 2001:

http://www.payvand.com/news/10/jan/1139.html

2.  The National Iranian American Council (NIAC) has released its own statement on its opposition efforts:

http://www.niacouncil.org/index.php?Itemid=2&task=view&option=com_content&id=1627

I do not see President Obama supporting this bill.  President Obama has made numerous gestures towards both the Arab and Iranian communities.  Even at his State of the Union Speech, President Obama made the following statement:   “We support the human rights of the women marching through the streets of Iran.”  Given the previous overtures, it would be hard to imagine the President supporting this bill.