There's a Legal Basis for Mass Deportations of Non-Citizens Who Support Terrorists, Terror Organizations

AP Photo/Khalil Hamra

At least weekly, if not more often, scenes of massive street protests in support of Hamas and other pro-Palestinian terrorist organizations are featured in news from around the world. This weekend tens of thousands took to the streets in Montreal. Even larger protests have taken place in London and Paris.

Advertisement

Closer to home an estimate of more than 300,000 pro-Hamas protesters took to the streets in Washington D.C., last month. Just last week pro-terrorism protesters in New York blocked the Manhattan Bridge. Some might say “They were calling for a cease-fire.” But the reality is they oppose Israel’s efforts to eradicate Hamas as a source of terrorism when Hamas has already proclaimed its intentions to stage more mass killings of innocent Israelis as they did on October 7.  

It is an open question whether European countries have the political will to roll back years of nearly unchecked migration from Muslim countries in North Africa and the Middle East. This is not a story about the unbelievable increases in civil disorder and criminality that have accompanied the thinly veiled “invasion” of the European continent by “immigrants” from Muslim countries. But the stark reality is that there are areas of the most significant cities in Europe – London, Paris, Brussels to name three – where domestic police authorities cannot operate, and Sharia law imposed through religious leaders is the de facto controlling authority in communities that are almost entire Muslim.

There are a few communities in the United States where very large immigrant populations from Muslim countries have concentrated themselves. In some, they have been successful in taking control of the political processes in those communities. This has not reached the level of control that exists over all aspects of civil life as is the case in some European cities, but there is no sign that the trend in that direction will abate itself.

Advertisement

The question arises as to whether there is a basis in U.S. law for United States citizens to abate this process by way of the mass deportation of individuals who are not entitled to remain in the United States after overtly expressing support for terrorist organizations such as Hamas.

Care must taken to distinguish between natural-born United States citizens and immigrants who have gone through the legal process to become naturalized citizens. Their right to remain in the United States is different from the privilege to remain in the United States that is enjoyed by those here on a visa – or without any status at all.

United States immigration law, Title 8 of the United States Code, specifies circumstances where resident aliens in the United States are to be deported back to their home countries. While some provisions in Title 8 include criminal sanctions, it is not necessary for a resident alien to commit a crime in order to face deportation. The only basis needed in that regard is for the alien to make himself or herself “undesirable” in the eyes of the United States government – as reflected in the laws passed by Congress and signed by the President. The citizens of the United States are not required to host “undesirables” who contribute to disorder or criminality.

With regard to those who advocate on behalf of Hamas and other terrorist organizations, they bring themselves under the provisions of Title 8 United States Code Sec. 1182(b).  Here is how the application works:

Advertisement

Title 8 U.S.C. Sec. 1227 details the grounds for deportation of aliens:

(a) Classes of deportable aliens

Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

….

(4) Security and related grounds:

….

(B) Terrorist activities

Any alien who is described in subparagraph (B) or (F) of section 1182(a)(3) of this title is deportable.

Turning now to Sec. 1182(a), that states:

(3) Security and related grounds:

….

(B) Terrorist activities

(i) In general

Any alien who—

(I) has engaged in a terrorist activity;

….

(VII)     endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization;  

The grounds for deporting an alien based on terrorism-related issues were much narrower than the grounds for denying entry into the United States prior to the passage of the REAL ID Act in 2004. In that statute, Congress specifically expanded the terrorism-related grounds for deportation to match the terrorism-related grounds for denial of entry into the United States. Membership in or association with a terrorist organization, the endorsement or espousal of terrorist activity, or being the spouse or child of an alien who was inadmissible to the United States on terror-related grounds was not grounds for deporting an alien legally present in the United States prior to the REAL ID Act. But that expressly became the law of the United States after the revisions to immigration law in 2004.

Advertisement

So aliens lawfully in the United States have no more right to remain while advocating for terrorism or terrorist organizations than do aliens who do the same outside the United States and then want to be admitted. Both are equally undesirable and equally unwelcome to live here – or remain living here. The latter are rightfully denied admission on the basis that they are undesirable. The former are now subject to deportation for that singular reason without more being required.

The question is whether there is the political will to do so. Democrats, beguiled by a progressive wing in their party that applauds terrorists who fight against oppressors – real or imagined -- certainly don’t have any interest in mass deportations on this basis.

But there is no lawful requirement to continue to host aliens in this country when they are a source of civil disorder and instability. The CITIZENS of the United States have no obligation to allow terrorism sympathizers and supporters to remain as guests in our country.

Due process rights as set forth in the law must be afforded – notice and an opportunity to be heard through the statutorily defined deportation process. But that’s all. Once satisfied, and the basis for deportation is established, the LAW should be followed – even if that means mass deportations on an unprecedented scale. The enormity of the task should not cause us to shrink away from doing what is necessary for self-preservation as a society.

Advertisement

Voters need look no further than the streets of London and Paris to see what is down this road if we do not take an off-ramp soon. This is a voting issue, as maintaining the current cultural integrity of the United States -- built over a period of more than 250 years – are the stakes being played for at the table.

Recommended

Join the conversation as a VIP Member

Trending on RedState Videos