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@StateDept Spox Talks About Visa Refusals, Oh Dear!

Posted: 3:01 am ET

 

Via the Department Press Briefing:

(No longer daily, now rebranded, and better than ever)

QUESTION: Well, does that mean parole – the fact that parole had to be used would suggest – and let’s just put it in a – not in this specific context, because you won’t talk about these visas specifically – would suggest that the reason for ineligibility stands, that – in other words, that if parole is the only way a person can get into this country, that the decision made by the consular officers at post stands.

MS NAUERT: The consular officers – as I understand it, under law and the way that they handle visa adjudications, once a visa is denied, that that is not able to be reversed, that that decision is not able to be reversed.

QUESTION: Right. In other words – so the decision that was made at post that these girls or anyone was ineligible for a visa stands. So —

MS NAUERT: I can’t comment – I cannot —

QUESTION: — then one wonders why the immigration law is such that it determines or that someone looking at it determines that a bunch of teenage Afghan girls are somehow a threat to the United States or are somehow a – somehow – or otherwise ineligible for an American visa.

MS NAUERT: I think commenting on that, as much as I would like to be able to share with you more about this – you know I can’t. You know I can’t because it’s a visa confidentiality, but I can tell you that it is not reversible once a consular affairs officer denies someone’s visa. DHS took it up; they have the ability to do so. Anything beyond that, DHS would have to answer that.

QUESTION: Right. But I mean it remains the State Department’s position that someone who can only get into the country on this parole – on parole is ineligible for a visa, correct?

MS NAUERT: I wouldn’t conflate one with the other. That is DHS. That’s a different department. That’s a different kind of program. That’s not a program that we administer here. Okay?

QUESTION: But State Department denied the visas twice before the parole was granted.

MS NAUERT: I can’t comment on that. Again, that would come under visa confidentiality. DHS made its decision, and so we are now glad that the girls are coming to the United States and wish them well.

QUESTION: But would that initial decision be reviewed, then, and whatever —

MS NAUERT: I know that our people at very senior levels in Afghanistan were involved in this, and I’ll just leave it at that. Okay?

QUESTION: So if parole – if visa – if visa information is completely confidential and you can’t discuss it, why is parole information available? And then why didn’t you give parole to the —

MS NAUERT: That’s a – you have to talk to DHS about that. Again, that’s a DHS program.

NOW THIS — tales of visa confidentiality:

In fairness to the State Department, the agency did not release any statement about its issuance of a visa to the current central player of the Russian controversy. The Department of Homeland Security did that on its own in a statement to BuzzFeed News last week when DHS cited the issuance of a B1/B2 nonimmigrant visa by the U.S. Department of State in June 2016.

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Related items:

9 FAM 403.10-4  (U) OVERCOMING OR WAIVING REFUSALS

INA 291 places the burden of proof upon the applicant to establish eligibility to receive a visa.  However, the applicant is entitled to have full consideration given to any evidence presented to overcome a presumption or finding of ineligibility.  It is the policy of the U.S. Government to give the applicant every reasonable opportunity to establish eligibility to receive a visa.  This policy is the basis for the review of refusals at consular offices and by the Department.  It is in keeping with the spirit of American justice and fairness.  With regard to cases involving classified information, the cooperation accorded the applicant must, of course, be consistent with security considerations, within the reasonable, non-arbitrary, exercise of discretion in the subjective judgments required under INA 214(b) and 221(g).

Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States

Individuals who are outside of the United States may be able to request parole into the United States based on humanitarian or significant public benefit reasons.

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New Report on Tillerson-Miller Battle Over Visa and Refugee Functions

Posted: 12:40 pm ET

 

The Bureau of Consular Affairs via history.state.gov:

The Immigration and Nationality Act of 1952 (Jun 27, 1952; P.L. 82-414; 66 Stat. 174) established within the Department of State a Bureau of Security and Consular Affairs, headed by an Administrator with rank equal to that of an Assistant Secretary. From Mar 1 to Dec 30, 1954, the Bureau was renamed “Inspection, Security, and Consular Affairs.” From 1953 to 1962, the Secretary of State designated incumbents to this position. The Migration and Refugee Assistance Act of 1962 (Jun 28, 1962; P.L. 87-510; 76 Stat. 123) made the Administrator a Presidential appointee subject to the advice and consent of the Senate. In 1962, the Department transferred the security function to the Deputy Under Secretary for Administration, but the title remained unchanged until 1977, when the Foreign Relations Authorization Act for Fiscal Year 1978 (Aug 17, 1977; P.L. 95-105; 91 Stat. 847) changed the Administrator’s title to “Assistant Secretary of State for Consular Affairs.” This title has been given in full in all subsequent commissions to this office.

WaPo’s John Rogin reported on Sunday about the internal administration debate over which part of the government should be charged of deciding who gets into the United States.  WH policy adviser Stephen Miller has reportedly been pushing Secretary Tillerson to get “tougher” on immigration, vetting and refugee policy at the State Department.   Rogin writes that a White House official told him that if Tillerson doesn’t go along with the changes that Miller and others (???) in the White House are pushing the State Department to implement internally, the plan to strip Foggy Bottom of its role supervising these functions could gain traction.  Rogin’s report quotes State Department spokesperson Heather Nauert saying that Tillerson believes that two bureaus should remain where they are and the Secretary of State reportedly views consular and refugees work “as essential to the Department’s mission to secure our borders and protect the American people.” We linked to Rogin’s report below.

Stephen Miller is widely regarded as the principal author of Trump’s travel ban.  We have a feeling that the only “tougher” vetting that Miller and company will find acceptable is shutting down the U.S. border.

We know that some folks are already distressed with the news about the the potential transfer of consular function to DHS. It doesn’t help that Secretary Tilleron’s “listening tour” recommended it (see @StateDept Survey Report Recommends Moving Issuance of Visas, Passports, Travel Docs to DHS).  Neither is it helpful to discover that the nominee to be the next Assistant Secretary of Consular Affairs is on the record supporting this move (see Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs. And we haven’t forgotten that the nominee to be the next “M” is a seasoned GOP budget aide (see Trump to Nominate Top GOP Budget Aide Eric Ueland to be Under Secretary for Management #StateDept).

But take a deep breath.

Last March, OPM released a publication titled, Workforce Reshaping Operations Handbook (pdf). Under Transfer of Function, OPM writes:

An interagency transfer of a function and/or personnel requires specific statutory authorization. Without a specific statutory basis, there is no authority for an agency to permanently transfer a function and/or personnel to another agency on the basis of a memorandum of understanding, a directive from the Executive Office of the President, a reimbursable agreement, or other administrative procedure.

So Congress would have a say whether or not consular function should be stripped from State and moved to DHS. We anticipate that Congressional representatives — especially those with oversight responsibilities are already aware of the many improvements over the visa and refugee vetting process — would need a compelling justification for moving both functions to another agency.  Like how would DHS make it better, with Agatha and a pre-crime division?

Per historical record, on April 18, 1997 then President Clinton announced the reorganization of foreign affairs agencies. In December 1998, he submitted a report to Congress on the reorganization as required by the Foreign Affairs Reform and Restructuring Act of 1998, the Act that provided authority to reorganize the foreign affairs agencies. On March 28, 1999, the United States Arms Control and Disarmament Agency (ACDA) was integrated into the State Department. The United States Information Agency (USIA) was integrated into State on October 1, 1999.  The Broadcasting Board of Governors (BBG), part of USIA, became a separate federal entity. The Act also provided that USAID remained a separate agency but on April 1, 1999, the USAID Administrator reported to and came under the direct authority and foreign policy guidance of the Secretary of State.  Shrinking State’s budget started in 1993 during the first Clinton term under Warren Christopher. The reorganization did not get completed until halfway through Clinton’s second term.

We cannot say whether or not this is going to happen. After all, during the Clinton years, GOP Senator Jesse Helms was chairman of the Foreign Relations Committee. So we need to pay attention where this is going, but would not do any good to panic over something that appears to be a floated idea at this time. It would, of course, be helpful if we can hear directly from Secretary Tillerson.

G20 Trump Keywords: Disharmony, Decline, Isolation, Plus Vlad’s CyberSecurity Ha! Ha!

Posted: 3:09 am ET

 

AND NOW THIs …

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Results of @StateDept $1M Organizational Study Reportedly Available via Intranet Today – Yay!

Posted: 3:28 am ET

 

The results of the Insigniam survey that was commissioned by the State Department under Secretary Tillerson will reportedly be made available on the Intranet on Wednesday, July 5.  See WSJ’s Felicia Schwartz report below. We’re not sure if the State Department is releasing the full report or a summary report to employees on Wednesday, but be in a lookout for a 110-page report which supposedly includes feedback from 35,386 employees from State and USAID and 300 employee in-person or telephonic interviews.

Related posts:

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Secretaries of State: Present at the Creation, Present at the Destruction

Posted: 4:18 am ET
Updated: July 2, 10:59 pm PT

 

LOOK WHAT WE FOUND  — via Amazon:

Dean Acheson joined the U.S. Department of State in 1941 as an assistant secretary for economic affairs. Shortly after the end of World War II, he attempted to resign, but was persuaded to come back as under secretary of state; Harry Truman eventually rewarded Acheson’s loyalty by picking him to run the State Department during his second term (1949 to 1953).

“The period covered in this book was one of great obscurity to those who lived through it,” Acheson wrote at the beginning of his memoirs, first published in 1969. “The period was marked by the disappearance of world powers and empires … and from this wreckage emerged a multiplicity of states, most of them new, all of them largely underdeveloped politically and economically. Overshadowing all loomed two dangers to all–the Soviet Union’s new-found power and expansive imperialism, and the development of nuclear weapons.” Present at the Creation is a densely detailed account of Acheson’s diplomatic career, delineated in intricately eloquent prose. Going over the origins of the cold war–the drawing of lines among the superpowers in Europe, the conflict in Korea–Acheson discusses how he and his colleagues came to realize “that the whole world structure and order that we had inherited from the nineteenth century was gone,” and that the old methods of foreign policy would no longer apply. Among the accolades Acheson garnered for his candid self-assessment was the 1970 Pulitzer Prize for history.

The passing decades confirm Dean Acheson’s place as the clearest thinking, most effective Secretary of State of the twentieth century. As a writer he has no equal since Thomas Jefferson first occupied the office in the eighteenth century.–Gaddis Smith, Yale University

 

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#ThrowbackThursday: Secretary of State Addresses International Press Corps

We have been a reader-supported blog since 2014. We want to keep this blog as open as possible and that’s the reason we don’t have a subscription fee. You know best whether our work is of value to you or not. If it is, and if your circumstances allow it, we could use your help to carry on for another year: Help Diplopundit Get to Year 10 ⚡️
Posted: 1:47 am ET

Via state.gov

U.S. Secretary of State John Kerry addresses an international press corps on July 5, 2015, in Vienna, Austria, during a break in P5+1 negotiations with Iranian leaders about the future of their country’s nuclear program. [State Department photo/ Public Domain]

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U.S. Embassy Doha Issues Security Message Amidst #Qatar Diplomatic Crisis

Posted: 2:45 am ET

 

On June 5, the U.S. Embassy in Doha issued a security message over the break in diplomatic relations between Qatar and other Gulf countries.

On June 5, Bahrain, Saudi Arabia, the UAE, and Egypt announced the cessation of diplomatic and consular ties with the State of Qatar. Qatar Airways and other airlines in the region have announced the suspension of certain flights to and from Qatar. The U.S. Embassy takes this opportunity to remind all U.S. citizens residing in or visiting Qatar to check directly with your travel providers for any potential impact on your personal travel arrangements and remain alert to additional developments. The embassy is monitoring the situation closely and is working with the Government of Qatar to ensure the safety of U.S. citizens in the country.

We should note that the U.S. Ambassador to Qatar is concluding her assignment, and the NEA Bureau‘s Acting Assistant Secretary is retiring. No successors have been announced to-date for both positions.

A 2010 OIG report notes that Embassy Doha is a mid-size embassy, with a staff of 82 U.S. direct-hire person­nel, 113 foreign national staff, and 11 locally hired American personnel. No Qatari citizens are employed by the mission. Operations under chief of mission authority include representatives from the Department of Defense, the Federal Bureau of Investigation, and the Foreign Commercial Service. Operating budgets for U.S. Government agencies under chief of mission authority total approximately $13.7 million. A key element of the U.S. Qatari strategic partnership is the use of Qatar’s Al Udeid Air Base, one of the most important military bases in the Middle East.

Tillerson Travels to #Australia and #NZ: Protests, Bird Flips, Water-Filled Condoms and a DJT Effigy

Posted: 2:12 am ET

 

Secretary Tillerson is currently on travel to Australia and New Zealand from June 5-6. In Australia, America’s chief diplomat was asked, “what specific promises have you brought on trade and climate to ensure that Australians do not interpret “America First” to mean “America the selfish and do it alone?” The reception in New Zealand was harsher. Could not recall in recent memory when the Kiwis turned up collectively to welcome the Secretary of State with protests, bird flips, water-filled condoms and a presidential effigy.

New Zealand

Australia

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Political Cartoonists Around the World Take On #POTUSAbroad

Posted: 1:23 am ET

 

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Turkish Security Personnel Beats Up Protesters in Washington, D.C. — Just Like Back in Turkey

Posted: 1:13 am ET

 

In March 2016, Turkish President Recep Tayyip Erdoğan visited Washington to attend the 2016 Nuclear Security Summit. His security detail made news for its actions toward protesters and journalists covering the visit (see Turkish President Erdoğan Visits DC, His Guards Make News, and Oh, the Turkish Army Says No Coup).

On May 16, President Trump hosted President Erdoğan at the @WhiteHouse where the Turkish president congratulated POTUS for his “legendary triumph.”  Later when protesters demonstrated in front of the Turkish Embassy in Washington, D.C., they were beaten by Turkish security personnel. Just like back in Turkey where peaceful protesters are routinely attacked, even jailed. The attack was captured on videos and beamed around the world.  This time though, President Erdogan appeared to watched from inside his car while the brutal attack unfolded on the street of his host country’s capital city. The State Department and the DC Mayor’s office released statements on the attack against peaceful demonstrators. The White House offers no statement concerning the attack.

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