Smith Bill Bars Terrorists' Entry into U.S
Washington, D.C. - House Judiciary Committee Ranking Member Lamar Smith (R-Texas) today introduced a bill to bar Guantanamo Bay detainees from entry into the U.S. The Keep Terrorists at Bay Act of 2010 (H.R. 4648) closes the legal means by which the Administration can bring terrorists into the U.S.
Under the Immigration and Nationality Act (INA), the Obama administration has two ways it can bring terrorists into the U.S for trial. It can either waive the terrorism bars in the INA and admit Gitmo detainees as non-immigrants or it can parole the terrorists into the U.S.
The Keep Terrorists at Bay Act prevents terrorists from being brought to the U.S. for any purpose, including trial and detention. If passed, the bill would prohibit Khalid Sheikh Mohammad and the other 9-11 conspirators from being transferred to the U.S. for trial.
Ranking Member Smith: “If the Obama administration persists in bringing terrorists to the U.S., then they leave Congress no choice but to remove their authority to do so. Guantanamo Bay was never meant to be an Ellis Island. Our immigration laws are not intended to facilitate the migration of terrorists to the U.S.
“Trying terrorists at Guantanamo Bay is the safest and most effective option. This bill puts an end to the Administration’s ill-advised plan to bring Gitmo terrorists to the U.S. for trial, where they can get the same constitutional rights that citizens have.”
The Department of Homeland Security can parole aliens into the U.S. on a temporary basis for either humanitarian or “significant public benefit.” Parole is not a formal admission; however, the parolees’ ability to leave after the term of the parole depends on the willingness of another nation to accept them. In the case of the Gitmo terrorists, we have already seen that it is difficult to convince other nations to take them; and the nations that are willing cannot ensure they will not return to terror activities.
In addition to barring admittance for terrorists, the Keep Terrorists at Bay Act prevents courts from ordering the release of Gitmo detainees into the U.S. In 2008, a federal judge ordered the release of 17 Gitmo detainees (Uighurs) into the U.S. Last year, a federal appeals court overturned the decision. The case is now pending before the Supreme Court. This bill says that federal courts do not have the authority to determine eligibility for entry into the country.
Ranking Member Smith was joined in introducing the bill by House Intelligence Ranking Member Pete Hoekstra (R-Mich.), Homeland Security Ranking Member Peter King (R-N.Y.), House Appropriations Subcommittee on Homeland Security Ranking Member Hal Rogers (R-Ky.), Chairman of the Republican House Policy Committee Thaddeus McCotter (R-Mich.), and Representative Jeff Fortenberry (R-Neb.).