Court Orders @StateDept to “Undertake Good-Faith Efforts” on Diversity Visa Processing by 9/30/21

 

Via travel.state.gov
On September 9, 2021, the U.S. District Court for the District of Columbia preliminarily enjoined the Department of State from applying the November 2020 prioritization policy guidance to diversity visa (“DV”) 2021 applicants and ordered the Department to undertake good-faith efforts to expeditiously process DV applications (including derivative beneficiaries) by September 30, 2021.  The court stated that the Department may not rely on the November 2020 prioritization guidance to “foreclose or prohibit embassy personnel, consular officers, or any administrative processing center (such as the KCC) from processing, reviewing, or adjudicating a 2021 diversity visa or derivative beneficiary application” and clarified that the order “does not affect the prioritization scheme as to any other visa category or in any other respect.”  The court further explained the order “does not prevent any embassy personnel, consular officer, or administrative processing center from prioritizing the processing, adjudication, or issuance of visas based on resource constraints, limitations due to the COVID-19 pandemic, or country conditions.”
In accordance with the order, the Department of State has instructed consular sections to make every effort within their discretion and subject to posts’ resource constraints, limitations due to the COVID-19 pandemic, and country conditions to prioritize the scheduling and adjudication of additional DV-2021 cases by September 30, 2021.  It is important to note that the court did not order the Department to “prioritize DV-2021 applications over other visa applications.”  The court also did not order the Department to prioritize the adjudication of DV-2021 applications of plaintiffs who have sued the Department over the DV-2021 applications of non-plaintiffs.  The court further said that posts do not have to “drop everything and process DV-2021 applications.”
In accordance with the requirements in the Immigration and Nationality Act and applicable regulations, DV cases will continue to be processed in rank order as required by law, and applicants must be documentarily qualified, have paid all requisite application fees, be able to obtain the required medical exam by a panel physician, and demonstrate that they are eligible for a visa before visa issuance.  DV-2021 applicants may be issued a visa through the end of the fiscal year, on or before September 30, 2021.
If a consular section has the capacity to schedule your DV-2021 case, you will receive a notification by email to check the Entrant Status Check site.  Many diversity visa processing posts are getting emails directly from diversity visa applicants.  The Department has instructed posts to respond to those general inquiries about the September 9th Order and DV-2021 processing with the following message:  We are aware of the court order dated September 9, 2021 from the U.S. District Court for the District of Columbia regarding the 2021 diversity visa (“DV”) program.  In accordance with that order, post is making good-faith efforts to expeditiously process DV applications (including derivative beneficiaries) by September 30, 2021.  We will continue to process DV cases in rank order as required by law, subject to our resource constraints, limitations due to the COVID-19 pandemic, and country conditions.  If post has the capacity to schedule your case, you will receive a notification by email to check the Entrant Status Check site.”
See GOH et al v. U.S. DEPARTMENT OF STATE et al

 

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US Mission Brazil: Ambassador Todd Chapman Tenders Resignation, to Retire From @StateDept

Thank you to over 500 readers and supporters who made our continued operation possible this year. Raising funds for a small outlet that is already open and free for all to read has often been the most challenging part of running  this blog. We are grateful for your continued support and well wishes. Thanks — DS

 

On June 10, the U.S. Ambassador to Brazil Todd C. Chapman announced that he informed President Biden of his decision “to retire from government service after a 30-year career with the Department of State.” Excerpt:

“Following careful consideration, my wife Janetta and I are convinced that this is the right time, for several positive personal reasons, to move to Denver, Colorado – to live closer to our two sons and daughter-in-law and pursue new professional opportunities and longstanding personal interests about which we are genuinely excited.
[…]
In my letter to President Biden, I wished him God’s blessings of wisdom and strength as he leads the American people. May the strong friendship between the American and Brazilian people continue to flourish in the years ahead, a task to which I will remain devoted for the rest of my life.”

Ambassador Chapman was nominated by President Trump on October 30, 2019. He was confirmed by the U.S. Senate on February 20, 2020 and arrived in Brazil on March 29, 2020. Ambassador Chapman previously served as President Obama’s Ambassador to Ecuador from 2016 – 2019.

Related news:

Oh, Helsinki! Florida Man Sends Warmest Regards to Putin, ‘Swagger’ Guy Preens About Russia Record

13 Going on 14 — GFM: https://gofund.me/32671a27

 

President Biden will be in Brussels, Belgium for the NATO Summit on June 14, and the U.S.–EU Summit on June 15. He will travel to Geneva, Switzerland on June 16 for a bilateral summit with Russian Federation President Vladimir Putin.
On June 10, the former president released a statement remembering fondly his meeting with Vladimir Putin in Helsinki. We remember the bonkers press conference. Florida man also sent his “warmest regards” to Vlad. Over the weekend, the former secretary of state went on teevee and gaslighted everyone on the former administration’s record on Russia.  What hell-arious daymares we have!

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Ex-Ambo Gordon Sonland Sues Ex-SecState Pompeo, U.S. for $1.8M Impeachment Bills #Popcorn

13 Going on 14 — GFM: https://gofund.me/32671a27

 

 

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Ex-@StateDept Staffer Charged in 1/6 Insurrection to Remain in Custody Pending Trial

On March 4, former political appointee at the State Department Federico Klein was arrested in connection with the January 6 insurrection (see Three Current/Former @StateDept Employees Float to the Top in Crowded Bad News Cycle).  Klein is really going to be unhappy with his continued accommodations at the D.C. jail. On March 9 the DOJ filed its memo in support of pre-trial detention and the judge agreed to keep him in custody. Excerpt below from the pre-trial detention memo:
The dangerousness of Klein’s participation in the mob that day is only heightened by the fact that, at that time, he was an employee of the Department of State, with an obligation to uphold the Constitution. By law, federal employees are required to take an oath of office, swearing to “support and defend the Constitution of the United States against all enemies, foreign and domestic…” 5 U.S.C. § 3331. Presumably, Klein took that same oath of office when he entered federal employment. Despite his oath to support and defend the Constitution, Klein demonstrated his contempt for that oath, the legitimate functions of the government, and for the Constitution itself when he assaulted officers in an attempt to stop the certification of a lawful election. By his actions on January 6, 2021, Klein abdicated his responsibilities to the country and the Constitution. Despite the trust the country and government placed in Klein’s character, stability, trustworthiness, reliability, discretion, honesty, judgment, and unquestionable loyalty to the United States,5 Klein’s behavior revealed that his true allegiance lies elsewhere. Rather, Klein’s actions established that his own personal beliefs override the rule of law and that he will use violence in an attempt to halt the legitimate functions of the United States government with which he disagrees. Such blatant disregard of the law and the authority of a lawful government, along with his indifference to keeping his own commitments – even when made under oath – weigh in favor of detention. If Klein is unwilling to obey orders while in full view of law enforcement, or to conform his behavior to the law even when he disagrees with it, despite his oath to the Constitution, it is unlikely that he would adhere to this Court’s directions and release orders.
The criminal complaint dated March 2, 2021 charged Klein with the following:
18 U.S.C. § 1752(a)(1) – Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority,
40 U.S.C. § 5104(e)(2) – Violent Entry and Disorderly Conduct on Capitol Grounds,
18 U.S.C. § 1512(c)(2) – Obstruction of Justice/Congress,
18 U.S.C. § 231(a)(3) – Obstruction of Law Enforcement During Civil Disorder,
18 U.S.C. § 111(a)(1) – Assaulting, Resisting, or Impeding Certain Officers,
18 U.S.C. § 111(b) – Assaulting, Resisting, or Impeding Certain Officers Using a Dangerous Weapon


 

Forty-Four Blind Mice on the Senate Floor

Note: This week feels like reliving the nightmare of January 6 but one could not just look away. It was a close call. Closer than we ever imagined. It was more than just an attack of the Capitol, it was an assault on our democracy. And forty-four senators want to just look away, hide under their desks and not have to deal with the insurrection that killed five people, wounded many, and could have resulted in the deaths of so many more. So I wrote the piece below for these blind mice disgracing the Senate floor.

–Domani Spero

 

Forty-Four Blind Mice on the Senate Floor

Day 1 of the Second Trump Impeachment Trial

 

The “world’s greatest deliberative body”
Is now the world’s most cowardly one.
The most cowardly one for all to see.
Lookit! Except Sasse, Toomey, Cassidy
Also Collins, Romney, and Murkowski.
Poor senators like three blind mice
Three blind ones times fourteen plus two.
Watch them willfully go blind, go blind
In the service of self, not country.
In a chamber still fresh from that mad kind.
See how they run. See how run.
Who cut off their spines with a carving knife?
Have you ever see such a sad sight in your life
As forty-four blind mice on the Senate floor?
–February 9, 2021

 


 

 

 

World Watches With Shock as Trump Mob Storms United States Capitol

 

We wished we could say that we were shocked with the insurrection that happened at the U.S. capital city today.  Given the last four years of  the president and his enablers living in world based in an alternate reality, this was the unavoidable conclusion. It is not a coincidence that a U.S. president who gave a speech about the American carnage during his inauguration now ends his administration this way. We kept hearing from TV people that they have never seen anything like this before. That’s true but if you have lived overseas in developing countries, you have seen something like this happened before, others have seen this many times before. It almost always never ends well for the country.
We as a country cannot let this stand. If there are no consequences for these actions, this is bound to happen again. How easy was it again for the mob to breach the U.S. capitol? How long did it take for reinforcement to come? Four hours? What’s going to happen next time, take lawmakers hostages so they cannot continue with the election certification?  For the elected officials who sheltered in place today inside the capitol, this guy sure learned his lesson!  Where is your red line?
Below, the world watched with shock and disbelief.

GERMANY

AUSTRIA

UNITED KINGDOM

SPAIN

ITALY

FRANCE

EUROPEAN UNION

OSCE

NATO

UKRAINE

LITHUANIA

ESTONIA

COLOMBIA

IRELAND

NORWAY

CROATIA

CANADA

AUSTRALIA

GSA’s Emily Murphy Finally Signs Off on Official #BidenTransition

 

Pompeo: Congratulations to you, and you , and you, but NOT you President-Elect @JoeBiden

 

Just Security: How to Restore Ethics to @StateDept