Dem Altered Immigration
Law to Further 'Gay' Agenda
Since 07-19-06
By Jeff Johnson
CNSNews.com Senior Staff Writer
July 10, 2006
http://www.cnsnews.com/ViewSpecialReports.asp?Page=/SpecialReports/archive/200607/SPE20060710a.html
(CNSNews.com) - A Republican candidate for the Massachusetts congressional seat
currently held by Democrat Barney Frank is reigniting debate over whether
changes to U.S. immigration laws Frank sponsored made it easier for the 9/11
hijackers to enter and remain in the United States. Frank continues to deny the
charge, but GOP challenger Chuck Morse accuses Frank of opening the "turnstiles
of terrorism" by denying immigration officials the power to bar or remove non-U.S.
citizens from the country based on their ideology.
Cybercast News Service has learned that while Frank has routinely claimed he
advocated the changes because immigration law was "unduly restrictive on
political grounds," the avowed homosexual lawmaker spent ten years fighting to
change the statute primarily to eliminate a long-standing ban on homosexual
foreigners entering the U.S.
Morse: Barney Frank ... opened the 'turnstiles of terrorism'
"Barney Frank was the author of legislation, a series of legislative initiatives
but, particularly, one that bears his name, the 'Frank Amendment,' that made it
easier for terrorists and those who support them to come into this country
legally," Morse told Cybercast News Service. "It raised the bar for our
immigration officials and our State Department in terms of who could be denied a
visa and it made it more difficult for our government agencies like the FBI and
others to investigate those visiting the country while they were here and to
detain people suspected of terrorist activity and to deport them."
Morse was more direct with his accusations in a mid-June speech to the
Massachusetts Republican Assembly.
"Barney Frank ... opened the 'turnstiles of terrorism' in America by sponsoring
legislation that made it nearly impossible for federal agencies to deny visas to
terrorists," Morse charged. "As a result of its passage, the 'Frank Amendment'
tied the hands of the FBI, the Immigration and Naturalization Service and other
agencies for the better part of two decades, while terrorists formed their
sleeper cells and plotted this nation's demise."
Morse originally made the allegation during his failed 2004 campaign against the
13-term Democrat. Frank denied the charge then and again in 2005.
"Several of my right wing political opponents have recently made the entirely
inaccurate claim that immigration legislation on which I worked in the 1980s
through 1990 is somehow connected to the entry into this country of the 9/11
terrorists," Frank wrote in an April 15, 2005, online statement. "This is
totally untrue."
Prior to the passage of the Frank Amendment in 1990, aliens could be denied
entry into the U.S. for three reasons related to their ideology:
-- Participation in activities that would be prejudicial to the public interest
or public safety;
-- Membership in subversive organizations or teaching or advocating subversive
views;
-- Likelihood of engaging in subversive activities after entry into the country.
The Frank Amendment eliminated those and all other "ideological" prohibitions,
substituting a new rule that aliens could not be excluded or deported "because
of any past, current, or expected beliefs, statements, or associations which, if
engaged in by a United States citizen in the United States, would be protected
under the Constitution of the United States."
As James R. Edwards, Jr., author of "The Congressional Politics of Immigration
Reform," noted in an Aug. 30, 2005, panel discussion at the Center for
Immigration Studies, the Frank Amendment "sought to extend the First Amendment
to the world - despite foreigners' lack of corresponding duties that U.S.
citizens bear or the status of being subject to the U.S. government's
jurisdiction.
"Indeed, this law made it much easier for aliens who hold radical, dangerous,
anti-American or subversive political beliefs to enter and remain in the United
States," Edwards explained. "This perversion of the First Amendment means the
guy who preaches hatred, pollutes hearts and minds, steeps persuadable people in
reasons to harm Americans and wage war from within against America ... gets a
free pass."
That, Morse argues, is precisely what happened when the 9/11 terrorists, the
majority of whom had known associations with militant Islamic groups, entered
and remained in the U.S. And Frank's GOP challenger is not alone in that
allegation. Conservative educator, author and columnist Samuel L. Blumenfeld
also blamed Frank for the ease with which al Qaeda terrorists infiltrated the
U.S. in a Sept. 17, 2004, column published by WorldNetDaily.
"I have just finished reading the 500-page '9-11 Commission Report' and what
becomes quite apparent is that the weakest link in our antiterrorism defense
system prior to 9-11 was the Immigration and Naturalization Service," Blumenfeld
wrote. "It was so weak that it became a revolving door for al-Qaida sleeper
terrorists who were issued visas that permitted them to come and go as they
pleased.
"And the one man responsible for creating this revolving door was Congressman
Barney Frank of Massachusetts, whose 1989 Frank Amendment to INS procedures
paved the way for the 19 hijackers to freely enter this country, take flying
lessons, and quietly prepare for their deadly attack with no notice from our
intelligence agencies," he concluded.
Blumenfeld also cites a section of Gerald Posner's post-9/11 book "Why America
Slept," which also accuses Frank of creating a legal environment that made it
easy for terrorists to enter and remain in the U.S.
"Congressman Barney Frank, the Massachusetts Democrat who was a strong advocate
of protecting civil liberties, led a successful effort to amend the Immigration
and Nationality Act so that membership in a terrorist group was no longer
sufficient to deny a visa," Posner wrote. "Under Frank's amendment, which seems
unthinkable post-9-11, a visa could only be denied if the government could prove
that the applicant had committed an act of terrorism."
But Frank points to an exchange between 9/11 Commission Chairman Thomas Kean and
himself during Kean's appearance before the House Select Committee on Homeland
Security on Aug, 17, 2004, that, Frank argues, proves him blameless.
FRANK: "Can I just say here that the key point here is under the statutes, as
they now exist, those people were excludable if the right procedures had been
followed?"
KEAN: "That's exactly right."
Frank also defends the new law, noting that it does allow State Department
officials to deny entry to any alien "who a consular official knows or has
reasonable ground to believe has engaged, in an individual capacity or as a
member of an organization, in a terrorist activity or is likely to engage after
entry in a terrorist activity."
Frank's stated and lesser-known reasons for changing immigration law
The debate will likely continue as to whether the changes to U.S. immigration
laws Frank gained in 1990 when Democrats controlled Congress made it easier for
the 9/11 terrorists to gain entry to and remain in the country. But one point
repeatedly made by Frank has not been challenged, until now.
In the August 2004 exchange with Kean, Frank explained his motivation for the
immigration law changes saying, "I thought they were unduly restrictive on
political grounds with people coming in."
In an April 22, 2004 memorandum to the media posted on his website, Frank
described his goal similarly.
"We worked successfully to change the law that permitted American officials to
refuse to allow people into America because we didn't like their political
opinions," Frank wrote.
"[I]n a law inherited from the early fifties ... Congress instructed the
Executive Branch to exclude from America people whose political views we found
offensive," Frank contends. "The amendment we adopted dropped from the law the
authority to exclude people because their views would be politically unpopular,
but continued to allow exclusion of people who would commit acts of violence,
terrorism, etc."
But in his contribution to the pro-homosexual political how-to book "Creating
Change: Sexuality, Public Policy, and Civil Rights" entitled "American
Immigration Law: A Case Study in the Effective Use of the Political Process,"
Frank offered a different explanation for his ten-year-long effort to limit the
grounds on which citizens of other countries could be denied entry into the
United States.
"Interestingly, it is both the least well known of all the legislative battles
that supporters of gay and lesbian rights have fought, and it is also the one
that was the most successful," Frank wrote. "... in 1990, I had the enormous
satisfaction of sponsoring a successful amendment to American immigration law
that repealed the homophobic [sic] provisions of that statute in all of its
permutations." (Frank uses the term "homophobic" throughout his writing to refer
to any person or group that objects to the homosexual lifestyle.)
While he did acknowledge his general interest in abolishing the "ideological
exclusion," the Massachusetts Democrat - who had not initially acknowledged his
participation in the homosexual lifestyle - stressed his primary reason for
wanting to change the law.
"I do not remember exactly when I first became aware that American law flatly
banned gay, lesbian, and bisexual foreigners from coming to the United States,
and did so in the most inaccurately insulting terms," Frank wrote. "But I do
know that by 1981 I was aware that as a gay American I had joined an institution
- the U.S. Congress - that had sixteen years before done everything it could to
protect my fellow citizens from foreigners who were like me.
"And I was determined," he continued, "to do everything that I could to abolish
this abomination."
Frank's article also explains that when he "came out" on June 1, 1987, it gave
him a psychological advantage over lawmakers who might have otherwise opposed
his proposal.
"Before I came out, my colleagues respected my insistence on the repeal of the
antigay provision as they would respect any colleague's strong feeling on an
issue," Frank wrote. "But once I had acknowledged that I was gay, this moved
from being simply an issue with which I was concerned to something that was
obviously deeply personal.
"Automatically, this meant that those of my colleagues who wished to preserve
good working relationships with me understood how important this matter was to
me," Frank continued, "and their willingness to accommodate me increased
accordingly."
Frank similarly acknowledged that he pursued the broader repeal of the
ideological exclusions because he knew a stand-alone repeal of the ban on
homosexuals visiting or immigrating to the U.S. would almost certainly have
failed.
"Evidence of this came early for me when (in 1981) the House of Representatives
voted 281 to 199 to overrule a District of Columbia City Council repeal of the
city's sodomy law," Frank explained. "It occurred to me that just as the antigay
exclusions had been first written and then tightened as part of a comprehensive
overhaul of immigration laws, my best chance to wipe them out was to do it in
that same comprehensive context."
While it took Frank ten years to accomplish that goal, he brags about the
success of his stealth approach from both the political and public relations
perspectives.
"People - including gays and lesbians - know little about our successful fight
to repeal the anti-gay-and-lesbian provision of immigration law in large part
because we won," Frank wrote, "In our time, failure generates a good deal more
attention than success."