linked - Investigating the Terror
linked - Investigating the Terror
linked - Investigating the Terror
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
-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