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Vets for Freedom
Thursday, May 24, 2007
Hugh Hewitt :: Townhall.com Columnist
What Will The Jihadists Do? Apply For Their 601(h) Probationary Status, Of Course
by Hugh Hewitt
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In a series of stunning and timely articles for the San Antonio ExpressNews which ought to earn him and his paper a Pulitzer, reporter Todd Bensman has detailed the conclusions of a many months long investigation into the illegalentry across our southern and northern borders by mena and women from the 43 "countries of interest" in the world known to harbor terrorist networks. The key conclusion of the series:

According to U.S. Customs and Border Protection apprehension numbers, agentsalong both borders have caught more than 5,700 special-interest immigrantssince 2001. But as many as 20,000 to 60,000 others are presumed to have slippedthrough, based on rule-of-thumb estimates typically used by homeland securityagencies.

Bensman's many other revelations are as startling as they are disturbing. Though national security officials have long worried about undetected jihadistcells in the country, Bensman's researches make it very clear that evenincompetent and poorly funded Islamist networks could easily have moved scores oreven hundreds of their number into the U.S. in the years since 9/11. Evenincompetent and poorly funded Islamist networks would have known to have sent fromamong their numbers the jihadists least likely to attract the attention ofauthorities if they were caught. Even incompetent and poorly funded Islamistnetworks would have known the value of embedding jihadists inside of America anddoing so with the intent of having them slumber for as long as necessary.

And of course not all Islamist networks are incompetent or poorly funded. Many security experts fear that alliances between narcotics networks andterrorist groups have been forged which could easily provide not merely funding butmore certain transit into the U.S. Iran is willing to fund the devices thatkill our troops. Why wouldn't it fund the travel to the U.S. of sleeper agents?

In short, we have within our borders jihadists, some of whom have to beassumed to have been chosen because of their apparent disconnectedness to knownterrorist organizations. Even if we did not know this, we would have to assumeit was true.

A 2005 report fromthe Center for Immigration Studies by Janice L. Kephart focused on theimmigration histories of 94 terrorists known to have been in the U.S. in the decadeleading up to 9/11, including six of the 9/11 hijackers. Read the wholestudy, but here are its findings:

  • Of the 94 foreign-born terrorists who operated in the United States, thestudy found that about two-thirds (59) committed immigration fraud prior to or inconjunction with taking part in terrorist activity.
  • Of the 59 terrorists who violated the law, many committed multipleimmigration violations -- 79 instances in all.
  • In 47 instances, immigration benefits sought or acquired prior to 9/11enabled the terrorists to stay in the United States after 9/11 and continue theirterrorist activities. In at least two instances, terrorists were still able toacquire immigration benefits after 9/11.
  • Temporary visas were a common means of entering; 18 terrorists had studentvisas and another four had applications approved to study in the United States.At least 17 terrorists used a visitor visa -- either tourist (B2) or business(B1).
  • There were 11 instances of passport fraud and 10 instances of visa fraud; intotal 34 individuals were charged with making false statements to animmigration official.
  • In at least 13 instances, terrorists overstayed their temporary visas.
  • In 17 instances, terrorists claimed to lack proper travel documents andapplied for asylum, often at a port of entry.
  • Fraud was used not only to gain entry into the United States, but also toremain, or "embed," in the country.
  • Seven terrorists were indicted for acquiring or using various forms of fakeidentification, including driver's licenses, birth certificates, SocialSecurity cards, and immigration arrival records.
  • Once in the United States, 16 of 23 terrorists became legal permanentresidents, often by marrying an American. There were at least nine sham marriages.
  • In total, 20 of 21 foreign terrorists became naturalized U.S. citizens.

This study reveals that terrorists invest a great deal of time and effortinto regularizing their immigration status once in the country. They do so forthe obvious reason that once regularized their ability to move about thecountry as well as in and out of it becomes complete. They can get jobs anywhere,learn skills open to only legal residents, cover their tracks and recruit withgreater ease. Only fools can deny the certain presence of these terroristsand their certain ambition to have legal status.

Which is why the draft immigration law's intent to bestow on all illegals inthe U.S regardless of country of origin probationary legal status andeventually a Z Visa is simply and obviously insane. Proponents of the measure-Section 601(h) of the draft law-argue it is better to collect the fingerprints andaddresses of everyone here rather than keeping the illegals in the shadows, butthey have no answer for the obvious empowerment of the best hidden terroristswho are currently without legal status. Continued...

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About The Author

Hugh Hewitt is a law professor, broadcast journalist, and author of several books including A Mormon in the White House?: 110 Things Every American Should Know about Mitt Romney.

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Subject: Q: so what happened to the White House?
A: Well they had a workable plan in concept -- with real border security and workplace enforcement requirements before any new immigration benefit could be granted. They key concept to that theory was that the only way to really stop illegal immigration, and to address illegal workers now here, was to create enforceable workplace rules, coupled with maintaining catch and return.

Chertoff is a good man, and he has accomplished much on both of these fronts with no bill in place. But in the negotiations with Kennedy, the policy asst secy and other folks gave up the crown jewel that makes everything unravel. What was that? The probationary Z status .

If the Department must grant probationary status, interior and workplace enforcement is a joke. "Let me remove your handcuffs for a minute, sir, so you can apply for probationary z status." A minute later: "oh I see that you qualify for probationary since you may have been in the U.S. before Jan 1, 2007, you are free to go... and not only that, here is your free right to continue working in the U.S. forever."

Do you realize that DHS must grant probationary z status in one day to each applicant, or they are automatically qualified???? Huh???

My gosh.

Right now, DHS under Chertoff is -- maintaining catch and return at the border while increasing the number of people caught there; clamping down on workplaces with raids etc., and hunting down criminal aliens and removing them. Let him continue that and things will get better. If this bill passess with probationary z status, everything will fall apart, and we will have an uncontrollable new wave of border crossers rushing into the U.S. to get probationary status. Don't believe me? Ask the Border Patrol for the historical statistics surrounding Congress' consideration of new immigration benefit programs. you will see.

Ugh.

probationary Z
So, how many of you think that DHS will ever be able to certify genuinely that it has gained 100% positive control of the SW border? Well, that's the current trigger. So what will result of this bill if it passes with the probationary Z authority in there? One of two things. Scenario 1: millions of probationary Zs granted in 2008 with the triggers only met in part or not at all, such that the only part of the bill that ever takes effect is the probationary Z grants... in other words, absolute failure. Scenario 2: DHS weasels some form of certification, or Congress changes the certification, so that the triggers are met only through chicanery. In this scenario, again, the prinicipal impact of the bill is millions of probationary and final Zs, but no genuine progress on the border.

so, if we really think "comprehensive" immigration legislation can be anything other than amnesty, we must insist on real genuine triggers, with no probationary status. Otherwise, the bill is far worse than continuing the status quo.
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