Islamist terrorists and their Bolshevik allies in academia have scored a major victory given to them by communist judges. http://www.campus-watch.org/article/id/7796
The background is that an Islamist Tariq Ramadan was sponsored by Notre Dame University for an H-1B non-immigrant visa as an instructor and think tank wonk in religious studies.
Ramadan is a grand child of the founder of the Muslim Brotherhood, a terrorist organization that also founded Hamas, Egyptian Islamic Jihad, and Al Queda. Ramadan is the leading appologist for radical Islam and refuses to condemn terrorism or the oppression of women or the death penalty for apostacy from Islam.
He was recently banned from Holland and has been banned in France for his support for Islamic terrorism.
However, the radical left never gives up and they filed a number of lawsuits ostensibly on behalf of Americans who claim their First Amendment rights to hear Ramadan's views were violated by the revocation of Ramadan's H-1B visa based on a finding by the Department of Homeland Security and subsquent finding by the Department of State and the refusal of the Department of State to issue another visa to Ramadan, a B-1 business visa.
The case is rather confusing, as origionally Ramadan was issued the H-1B visa and Ramadan was on his way to the U.S. However, when his views became public and his open support for terrorism and human rights violations came to public notice, the Department of Homeland Security, Immigration and Customs Enforcement notified the DOS that Ramadan was placed on DHS ICE and Customs and Border Protection (CBP) lookout system and would be refused entry when he arrived, the DOS had his H-1B visa revoked based on exclusion charges that prohibited the entry of aliens who support for terrorism.
However, soon afterward, the DOS and DHS publically stated that the refusal was based on Ramadan's contributions to organizations on the DOS list of terrorist organization. Contributing to terrorist organizations is also an exclusion charge as well as a prohibition to being issued a visa.
But, leftists never give up and Ramadan applied for another visa to visit the U.S. to talk to various leftist groups. That was a B-1 non-immigrant business visitor's visa. That visa was also refused based again on his contributions to the terrorist groups.
Of course this was not the end of the story. Ramadan and a group of leftist academics filed suit claiming that Ramadan had a constitutional right to come to the U.S. to present his views and the academics had the right to hear his views in person. Interestingly enough Ramadan is a public intellectual and is widely available on the internet and in published works in the dead tree industry. He also participated in a webcast with the same academic groups that claim their rights were violated.
However, the ultimate goal of the lawsuit was to remove the parts of the Immigration and Nationality Act (INA) amendments that made non-material support of terrorism an exclusion charge that prohibited the issuance of a visa or the entry into the U.S. This has always been the goal of the left. Before the 1991 amendments to the INA, communists were prohibitied from entering the U.S. However, the radical left succeeded under Bush I to remove those provisions. These are commonly referred to as ideological exclusion charges, e.g. they are based on non-material support for an issue, such as communism, as opposed to actual support in a material manner, such as contributions or activity.
The left became enraged when new ideological exclusion charges were added to the INA by the Patriot Act, which prohibitied those who provide ideological, philosophical, or public support for terrorism to the list of exclusion charges that prohibit entry or issueing of visas to aliens who support terrorism. Now, this is just terrorism and not radical Islam. You are still free to enter the U.S. if you support Sharia law, religious dicrminiation, executing homosexuals, child marriage, and poligamy. Only support of terrorism is prohibited.
The enraged academics and Ramadan of course filed suit but the suit was dismissed by the trial judge based on the fact that there was no First Amendment interest by the acadmeics as they were free to consume Ramadan's ideas regardless of where he was and there was no Constitutional right held by Ramadan to enter the U.S. as he was not within the jurisdiction of the U.S. as he was applying outside of the U.S. and consular decisions were not reviewable by the courts.
The radical left has been fighting to have consular decisions on visas and other issues to be reviewed. The amnesty provisions of the 2007 act specifically included that all decisions on issueing of visas was to be reveiwable in federal courts. This is the height of absurdity, but was part of the strategy of the radical left to bring as many aliens to the U.S. as possible as to aid in their implementation of Marxism in this country. Aliens have always been considered a lobby for welfare and socialism, especially those from the third world.
Every year consular offices deny hundreds of thousands of applications for visas by those who's only intent is to come to the U.S. to sponge off the system. Denying visas is the first line of defense of our borders. Had the DOS been doing their jobs properly none of the 9/11 terrorists would have been issued visas as none had legally qualified for their visas, but lazy and incompetant Consular Officers, who have never been held accountable for their acts, allowed the terrorists in. Only one was stopped at our borders by a brave and intelligent Immigration Inspector for the former Immigration and Naturalization Service, who bucked the system by doing his job as well.
But, now to the issue at hand: The Second Circuit Court of Slemeels (can you believe that it wasn't the Nineth Circuit?) has decided that there is a Constitutional right to come to the U.S. and that the courts could review consular decisions.
Of course, the case was not helped by the incompetance of the Bush Administration, who apparently thought they could not defend a decision based on Ramadan's ideologically based support for terrorism and had to resort to two contributions Ramadan made to Palestinian terrorist front groups. The Second Circuit seized on this, claiming that Ramadan had a right to an appeal and to explain away his contributions.
And therein lies the danger. He can realistically claim that he was just thinking that the contributions were just to help widows and orphans. While we all know that is not true, appeals court judges are not bright enough or are ideologically committed to an imperial judiciary to ignore the reality of Ramadan and his support for terrorism.
So, there we have it, the radical left has now achieved one of their most desired goals, judicial review of consular decisions, a goal that they have never been able to obtain legislatively, just like free lawyers for poor criminals.
This decision is one of the most dangerous to America and will open the floodgates to massive illegal immigration.