Thread: Refugee ‘Religious Test’ Is ‘Shameful’ and ‘Not American’ Except that Federal Law Req

As I argued in Faithless Execution, the principal constitutional duty of the chief executive is to execute the laws faithfully.

President Obama, by contrast, sees his principal task as imposing his post-American “progressive” preferences, regardless of what the laws mandate.

In his latest harangue against Senator Ted Cruz (R., Texas) and other Americans opposed to his insistence on continuing to import thousands of Muslim refugees from Syria and other parts of the jihad-ravaged Middle East, Obama declaimed:

When I hear political leaders suggesting that there would be a religious test for which a person who’s fleeing from a war-torn country is admitted … that’s shameful…. That’s not American. That’s not who we are.

We don’t have religious tests to our compassion.

Really? Under federal law, the executive branch is expressly required to take religion into account in determining who is granted asylum.

Under the provision governing asylum (section 1158 of Title 8, U.S. Code), an alien applying for admission must establish that … religion [among other things] … was or will be at least one central reason for persecuting the applicant.

Moreover, to qualify for asylum in the United States, the applicant must be a “refugee” as defined by federal law.

That definition (set forth in Section 1101(a)(42)(A) of Title , U.S. Code) also requires the executive branch to take account of the alien’s religion:

The term “refugee” means (A) any person who is outside any country of such person’s nationality … and who is unable or unwilling to return to … that country because of persecution or a well-founded fear of

persecution on accountof … religion [among other things] …[.]

The law requires a “religious test.” And the reason for that is obvious. Asylum law is not a reflection of the incumbent president’s personal (and rather eccentric) sense of compassion.

Asylum is a discretionary national act of compassion that is directed, by law not whim, to address persecution. There is no right to emigrate to the United States.

And the fact that one comes from a country or territory ravaged by war does not, by itself, make one an asylum candidate. War, regrettably, is a staple of the human condition. Civil wars are generally about power.

That often makes them violent and, for many, tragic; but it does not necessarily make them wars in which one side is persecuting the other side. In the case of this war, the Islamic State is undeniably persecuting Christians.

It is doing so, moreover, as a matter of doctrine. Even those Christians the Islamic State does not kill, it otherwise persecutes as called for by its construction of sharia (observe, for example, the ongoing
rape jihad and sexual slavery).

To the contrary, the Islamic State seeks to rule Muslims, not kill or persecute them.

Obama prefers not to dwell on the distinction between the jihadist treatment of Muslims, on the one hand, and of Christians, Jews and other religions, on the other hand, because he — like much of Washington —

inhabits a world in which jihadists are not Islamic and, therefore, have no common ground with other Muslims … notwithstanding that jihadists emerge whenever and wherever a population of sharia-adherent

Muslims reaches critical mass. But this is sheer fantasy. While there is no question that ISIS will kill and persecute Muslims whom it regards as apostates for refusing to adhere to its construction of Islam, it is

abject idiocy to suggest that Muslims are facing the same ubiquity and intensity of persecution as Christians.

And it is downright dishonest to claim that taking such religious distinctions into account is “not American,” let alone “shameful.” How can something American law requires be “not American”? And how can a

national expression of compassion expressly aimed at alleviating persecution be “shameful”?

Read more at: Barack Obama's Refugee Crisis Comments Show He Misreads the Law | National Review Online

My idea of a test......Give them a few pieces of bacon......If they eat it.....let them in

national review link not working but below are 2 other links re Federal Law requires religion to be taken into account for refugee status

http://patriotpost.us/posts/39015

http://www.rushlimbaugh.com/daily/20...by_federal_law

Originally Posted by grandmasmad

My idea of a test......Give them a few pieces of bacon......If they eat it.....let them in

A cuisine test! I love it.

Originally Posted by artist

national review link not working but below are 2 other links re Federal Law requires religion to be taken into account for refugee status

http://patriotpost.us/posts/39015

http://www.rushlimbaugh.com/daily/20...by_federal_law

Great point, artist!!

In all seriousness, we must face the FACT that we are full, we are overcome, overwhelmed, completely saturated with aliens, immigrants, temporary workers, refugees, asylum-seekers, visa holders, foreign students, green carders, anchor babies and illegal aliens.

We need an immediate Moratorium on ALL Immigration for at least 20 years to fix this problem and reset the system so this disaster never ever happens again in the United States.

Federal law requires ANYONE who has been involved in a "sabotage service," either from a foreign government or a foreign political movement (i.e. everyone) in the US, to be registered with the US Attorney General.

When are they EVER doing this? BUT, how many of these guys are ex military (vets, deserters, assistants) or involved with anti government movements? How many are ex-militia members?

No they just want to let them in, because it is politically expedient. The Administration and the Department of Justice are deliberately violating their own rules, regarding how they control people coming from war torn, or even civil strife torn, areas.

50 USC 851

Except as provided in section 852 of this title, every person who has knowledge of, or has received instruction or assignment in, the espionage, counter-espionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, shall register with the Attorney General by filing with the Attorney General a registration statement in duplicate, under oath, prepared and filed in such manner and form, and containing such statements, information, or documents pertinent to the purposes and objectives of this subchapter as the Attorney General, having due regard for the national security and the public interest, by regulations prescribes.



18 USC 2386
(A) For the purposes of this section:“Attorney General” means the Attorney General of the United States;“Organization” means any group, club, league, society, committee, association, political party, or combination of individuals, whether incorporated or otherwise, but such term shall not include any corporation, association, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes;“Political activity” means any activity the purpose or aim of which, or one of the purposes or aims of which, is the control by force or overthrow of the Government of the United States or a political subdivision thereof, or any State or political subdivision thereof;An organization is engaged in “civilian military activity” if: (1) it gives instruction to, or prescribes instruction for, its members in the use of firearms or other weapons or any substitute therefor, or military or naval science; or

(2) it receives from any other organization or from any individual instruction in military or naval science; or

(3) it engages in any military or naval maneuvers or activities; or

(4) it engages, either with or without arms, in drills or parades of a military or naval character; or

(5) it engages in any other form of organized activity which in the opinion of the Attorney General constitutes preparation for military action;

An organization is “subject to foreign control” if:
(a) it solicits or accepts financial contributions, loans, or support of any kind, directly or indirectly, from, or is affiliated directly or indirectly with, a foreign government or a political subdivision thereof, or an agent, agency, or instrumentality of a foreign government or political subdivision thereof, or a political party in a foreign country, or an international political organization; or

(b) its policies, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, or an agent, agency, or instrumentality of a foreign government or a political subdivision thereof, or a political party in a foreign country, or an international political organization.

(B) (1) The following organizations shall be required to register with the Attorney General:Every organization subject to foreign control which engages in political activity;
Every organization which engages both in civilian military activity and in political activity;
Every organization subject to foreign control which engages in civilian military activity; and
Every organization, the purpose or aim of which, or one of the purposes or aims of which, is the establishment, control, conduct, seizure, or overthrow of a government or subdivision thereof by the use of force, violence, military measures, or threats of any one or more of the foregoing.
Every such organization shall register by filing with the Attorney General, on such forms and in such detail as the Attorney General may by rules and regulations prescribe, a registration statement containing the information and documents prescribed in subsection (B)(3) and shall within thirty days after the expiration of each period of six months succeeding the filing of such registration statement, file with the Attorney General, on such forms and in such detail as the Attorney General may by rules and regulations prescribe, a supplemental statement containing such information and documents as may be necessary to make the information and documents previously filed under this section accurate and current with respect to such preceding six months’ period. Every statement required to be filed by this section shall be subscribed, under oath, by all of the officers of the organization.

Most of the inept eggheads in our government don't know the laws they're supposed to enforce and have no clue which ones are constitutional or not. It's a sad state of ignorance, incompetency, laziness and disloyalty.