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-2-<br />

9/11 Closed by Statute<br />

JAccordingly, although it would have been legally<br />

permissible to grant <strong>the</strong> sheikh a waiver of ineligibility to<br />

permit his temporary entry notwithstanding <strong>the</strong> ineligibility, <strong>the</strong><br />

decision whe<strong>the</strong>r or not to do so would have been entirely<br />

discretionary.<br />

Obviously, it is not possible to know with certainty how that<br />

discretion would have been exercised, but it was long-standing<br />

Department policy that waivers would not routinely be obtained for<br />

aliens ineligible for past terrorist activity. Thus, someone<br />

would have had to make a convincing case for <strong>the</strong> propriety of<br />

obtaining a waiver for <strong>the</strong> Sheikh in order for <strong>the</strong> necessary<br />

recommendation to be made to <strong>the</strong> Immigration and Naturalization<br />

Service.<br />

If, on <strong>the</strong> o<strong>the</strong>r hand, <strong>the</strong> Cairo file had reflected a history<br />

of extremist statements, advocating <strong>the</strong> overthrow of governments<br />

which failed to function according to Islamic law and <strong>the</strong><br />

overthrow or assassination of <strong>the</strong> rulers of such government, but<br />

not a history of terrorist acts or actions in fur<strong>the</strong>rance of<br />

terrorism, <strong>the</strong> situation would have been quite different. It is<br />

here that section 901 comes into <strong>the</strong> equation.<br />

Section 901 must be seen in its context. Beginning in about<br />

1983 various groups opposed 'to Reagan Administration policies<br />

vis-a-vis Central America and Cuba and with respect to nuclear<br />

disarmament began to charge that <strong>the</strong> Administration was depriving<br />

American citizens of <strong>the</strong>ir First Amendment right to hear <strong>the</strong> views<br />

of aliens who sought to enter to participate in public debates on<br />

<strong>the</strong>se issues and whose views were anti<strong>the</strong>tical to those of <strong>the</strong><br />

Administration. These charges were pursued in various ways — in

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