New York Post
Joel Mowbray
As hard as it is to imagine post-9/11, someone with a history of advocating terrorism cannot be refused a visa to come to America for, well, advocating terrorism. The provision is based on a measure snuck through by Sen. Ted Kennedy (D-Mass.) over a decade ago. But the State Department has the power to do away with it - yet has failed to do so.
The Senate has the opportunity to close this horrifying loophole during its lame-duck session, either by transferring all visa powers to the new Department of Homeland Security or by simply closing the Kennedy loophole with a new clause in the bill creating the department.
Right now, a consular officer can't deny a visa simply because the applicant has a history of advocating terrorism - only if he has actively aided a terrorist organization, or if he gives a reason (aside from actually advocating terrorism) to believe that he might commit a terrorist act.
Don't believe it? Here's the relevant part of State's official interpretation of the Immigration and Nationality Act, under the shocking subheading, "Advocacy of Terrorism Not Generally Exclusionary": "Advocating terrorism, through oral or written statements is usually not a sufficient ground for finding an applicant ineligible" for a visa, "no matter how offensive [that support of terrorism] may be."
That chilling passage is not law as passed by Congress, but regulations that State wrote years ago - and has refused to change even since 9/11.
In other words, even after 3,000 innocent Americans lost their lives in a single day, State still views supporting terrorism as merely "offensive."
The reasoning - as laid out by Kennedy's provision - behind this disturbing policy is that beliefs or statements that would be protected here should be protected for foreigners. The result, explains the Center for Immigration Studies' Mark Krikorian, is "that we've extended the First Amendment to all aliens living abroad, even those who speak at the 'Death to America' rallies."
Posted by Suzanne at November 13, 2002