@StateDept FOIA: Trump’s January 2017 EO: Protecting the Nation From Foreign Terrorist Entry into the United States

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On January 27, 2017, Trump issued an Executive Order that suspends the entry of refugees to the United States for 120 days and deny entry/issuance of visas to citizens of seven Muslim-majority countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen]. See Trump EO: Protecting the Nation From Foreign Terrorist Entry into the United States, 1.27.2017

Below is a collection of documents from the State Department via Jason Leopold’s FOIA efforts. The documents illustrate the actions and confusion following the issuance of the Executive Order. In a normal administration where the motto is not “chaos everyday”, this EO would have gone through an internal process where overseas posts learn beforehand about the new policy, how it is interpreted for operational purposes, and are provided guidance on how to address the more complicated cases, and exceptions. In this case, the EO was released and overseas posts had no answers to relevant operational questions. The agreed guidance between DHS and State did not go out until January 30, 2017. Meanwhile, US Embassy Baghdad had to deal with the EO fallout from the Iraqi government and shocked Kurdish partners.

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Rex Tillerson Talks to Congress About the Not So Shadow Secretary of State, and Stuff

Help Fund the Blog | Diplopundit 2019 — 60-Day Campaign from June 5, 2019 – August 5, 2019

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Trump Announces Sanctions Against Ayatollah Khomeini, One Very Dead Man From Long, Long Ago

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On June 24, the White House announced the Executive Order on Imposing Sanctions with Respect to Iran. Here is POTUS making the official announcement.

@StateDept Calls on Iran to Abide by JCPOA Commitments, an Agreement the U.S. Is No Longer a Party #NotTheOnion

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Apparently, the Iranians recently announced that they are ramping up enrichment of low-grade uranium and that Iran will pass the limit it is allowed to stockpile under the nuclear deal in 10 days.  Media reports also say that after exceeding the limit, Iran will accelerate uranium enrichment to 3.7%, above the 3.67% mandated by the JCPOA nuclear deal.

At the State Department daily press briefing, the official spokesperson called on the Iranians “not to obtain a nuclear weapon and to abide by the commitments that they’ve made to the international community.”  Just to be clear, this is the deal that the United States withdrew from in May 2018, so the U.S. is no longer a party to this agreement.

Basically, the United States is telling Iran that it is stuck in a bad marriage but it is still expected to keep its vows, while the United States, which divorced itself from this same bad marriage calling it “was one of the worst and most one-sided transactions” ever, paints town red, coz see, divorced already.  We hope no one accidentally runs over the cat in the driveway but we are not sleeping well these days.

slow walk to war again

Via the State Department Press Briefing, June 17, 2019:

QUESTION: Okay. I just want to focus on the nuclear deal, the JCPOA —

MS ORTAGUS: Sure, mm-hmm.

QUESTION: — and nothing else.

MS ORTAGUS: Okay.

QUESTION: Just that. Not taking hostages, not malign activity, not things that are not covered in the JCPOA. Does the administration believe there is value in Iran staying – continuing to comply with the JCPOA, which the President called the worst deal ever negotiated?

MS ORTAGUS: Listen, we continue to call on the Iranian regime not to obtain a nuclear weapon, to abide by their commitments to the international community. And I think it’s unfortunate that they’ve made this announcement today. As I said earlier, it doesn’t surprise anybody. I think this is why the President has often said that the JCPOA needs to be replaced with a new and better deal. Iran, as evident by their announcement today but also their pattern of behavior over the past few years, is keen on expanding – or seems to be keen on expanding their nuclear program, and it now wants to exceed these nuclear limits in advance of these so-called sunset clauses.

QUESTION: But that suggests that you believe that there is —

MS ORTAGUS: Yeah.

QUESTION: — values in these limits, no? Does it not? I mean, if you look at —

MS ORTAGUS: We call on the Iranians not to obtain a nuclear weapon and to abide by the commitments that they’ve made to the international community.
[…]
QUESTION: Thank you. Just to follow on Matt’s question, so while there is no new deal between the U.S. and Iran, you ask Iran to abide by the JCPOA even though you left – the U.S. left this deal. When you say you ought to abide to their international commitments, you mean to abide to the JCPOA, which the U.S. left?

MS ORTAGUS: Yeah. We have made it very clear since this President came into office and since the Secretary came here that we will not tolerate a – Iran obtaining a nuclear weapon. Full stop. So any actions that they take to get a nuclear weapon will be countered by a maximum pressure campaign by the United States Government that continues to this day. There should be no relieving of sanctions for their malign and unacceptable behavior.

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Miles With Mike: Child Soldiers, CENTCOM Visit, Silliness, Plus Some Word Salad With That Chardonnay

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Billy Goat  with Washington piece of silliness

Some word salad to go with that Chardonnay:

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Israel Inaugurates Trump Heights, a Settlement in Disputed Golan Heights For Trump’s Birthday

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@StateDept to start requiring Diversity Visa applicants valid, unexpired passports on electronic entry forms

 

On June 5, 2019, the State Department published on the Federal Register an interim final rule requiring alien petitioners for the Diversity Visa Program “to provide certain information from a valid, unexpired passport on the electronic entry form.”

Diversity Visa Program, DV 2016-2018: Number of Entries Received During Each Online Registration Period by Country of Chargeability. (Click on image to see the full pdf document)

Excerpt:

An estimated 14 million aliens register annually for the DV Program through an electronic entry form. The entry form collects information on the petitioner’s full name; date and place of birth; gender; native country, if different from place of birth; current mailing address; and location of the consular post where the diversity visa should be adjudicated, if the petitioner is selected through the DV lottery. The electronic entry form also collects information about the names, dates and places of birth for the petitioner’s spouse and children. The entry process is open to all aliens who are natives of “low-admission” countries without numerical limitation, defined as countries with fewer than 50,000 natives admitted to the United States during the most recent five-year period. After the close of the DV Program entry period, petitioners are selected through a randomized computer drawing (“selectees”) for consideration for one of the 50,000 available diversity visa numbers.

Section 204(a)(1)(I)(iii) of the INA, 8 U.S.C. 1154(a)(1)(I)(iii), vests the Secretary of State with authority to set by regulation the information and documentary evidence to support a petition for entry into the DV Program. The requirements are set out in 22 CFR 42.33.

With this rule, the Department is amending 22 CFR 42.33(b)(1) to require the petitioner to include on the electronic diversity visa entry form the unique serial or issuance number associated with the petitioner’s valid, unexpired passport; country or authority of passport issuance; and passport expiration date. These requirements will apply only to the principal petitioner and not derivatives listed on the entry form. These requirements apply unless the petitioner is either stateless, a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or the beneficiary of an individual waiver approved by the Secretary of Homeland Security and the Secretary of State, consistent with the passport waivers for immigrant visa applicants provided for in 22 CFR 42.2(d), (e), and (g)(2). A petitioner who does not have a passport and is either stateless, is a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or has an individual waiver of the passport requirement from the Secretary of Homeland Security and the Secretary of State, must indicate that he or she falls into one of these three circumstances on the electronic entry form, instead of providing passport information. The requirements for information from a valid passport will not be waived under any other circumstances.

Mandatory Disqualification

The Department is also clarifying that failure to accurately include any information required by 22 CFR 42.33(b)(1) and (2) will result in mandatory disqualification of the petitioner for that fiscal year. The existing regulations require the petitioner to submit specific information, including, but not limited to: Name, date of birth, and place of birth for the principal petitioner and any relatives that may accompany the petitioner, if selected to apply for a diversity visa, as well as a digital photo. While these are currently requirements for the diversity visa entry form, existing regulations do not make clear the consequence for failure to provide the information. The revised regulation clarifies that failure to provide the required information, including a compliant photograph, will result in the disqualification of the entry, the petitioner, and derivatives from the DV Program for that fiscal year.

Why is the Department promulgating this rule?

The Department has historically encountered significant numbers of fraudulent entries for the DV Program each year, including entries submitted by criminal enterprises on behalf of individuals without their knowledge. Individuals or entities that submit unauthorized entries will often contact unwitting individuals whose identities were used on selected DV Program entries, inform them of the opportunity to apply for a diversity visa, and hold the entry information from the named petitioner in exchange for payment. Requiring that each entry form include a valid passport number at the time of the DV Program entry will make it more difficult for third parties to submit unauthorized entries, because third parties are less likely to have individuals’ passport numbers. Entries submitted by unauthorized third parties using a duplicative passport number will also be easily identified and automatically disqualified.

Click here to read the entire notice, or for information on where to send comments (accepted up to July 5, 2019).

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