Integrity Legal

It recently came to this blogger’s attention that the nations of China and India have made arrangements to resume military exchanges. In order to provide further insight to the reader it may be best to quote directly from the Associated Press on the official website of Yahoo, Yahoo.com:

BEIJING – An Indian general led a delegation to Beijing on Sunday as the two countries moved to resume exchanges between their militaries after a yearlong freeze. Maj. Gen. Gurmeet Singh and seven accompanying officers arrived in Beijing on Sunday for a weeklong visit that will also include meetings with Chinese counterparts and stops in the business and shipping hub of Shanghai and the far-northwestern territory of Xinjiang. Such exchanges were suspended by India last year in protest over China’s decision to issue visas to Indians from disputed Kashmir in the form of a document stapled into their passports rather than a stamp. The decision appeared to question the legitimacy of Indian rule in Kashmir and was considered a concession to Pakistan, India’s arch rival with which China maintains close ties…

Readers are encouraged to click upon the hyperlinks noted above to read this story in full.

It is not difficult to infer that a resumption of military exchanges between China and India could have ramifications for virtually all countries around the world, at least to some degree. This is certainly important information for those who live in either India or China. The same could also be said for those living in Greater Asia as the resumption of military exchanges could have an impact upon the geopolitics of the whole continent. Meanwhile, those living in one of the jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN) are prudent to note these developments as both of these countries are likely to be increasingly important trading partners with that organization in the future. Furthermore, it should be noted that China and India are currently associated with the so-called BRICS (Brazil, Russia, India, China, and South Africa) grouping of countries which many consider to be of increasing importance on the world stage.

With ASEAN in mind, the reader should note that China and India are not the only jurisdictions that are engaging in military exchanges as it recently came to this blogger’s attention that the United States Navy is conducting a naval exercise in conjunction with some of the ASEAN member states. To quote directly from an article written by Gilbert P. Felongco and posted on the official website of GulfNews.com:

Manila: The US Navy is conducting a naval exercise with its forces from the five member states of the Association of Southeast Asian Nations (Asean) amid rising tensions in the troubled South China Sea. Dubbed the Southeast Asia Cooperation and Training (Seacat) 2011, the drills were launched last Tuesday in the Malacca Strait, Sulu Sea and Celebes Sea and will run until Friday…The drills will focus on real-time information exchange, coordinated surveillance operations, tracking, and eventual conduct of visit, board, search and seizure operation, he said…

Those reading this web log are strongly encouraged to click upon the relevant hyperlinks noted above to learn more on this developing story.

The United States Armed Forces have been known to conduct exercises in many places and it would appear that the exercise noted above is designed to coordinate efforts between ASEAN members and the United States. Readers in the Kingdom of Thailand may note that the United States routinely works with the Thai military in undertaking exercises such as Operation Cobra Gold. Hopefully all such endeavors will accrue to the benefit of all concerned in the USA, Thailand, ASEAN, China, India, and Greater Asia.

For information related to doing business in Thailand please see: Legal.

Tags: American News, ASEAN news, ASsociation of Southeast ASian Nations, Beijing, Brazil, BRICS, BRICS News, Celebes Sea, China, China News, India, India News, Kashmir, Maj. Gen. Gurmeet Singh, Malacca Strait, military exchanges, Pakistan, Philippines News, Russia, Seacat, South Africa, South China Sea, Southeast Asia Cooperation and Training, Sulu Sea, Thailand News, United States Armed Forces, United States Navy, US News, Xinjiang
Posted in American Business, ASEAN Business, Brazil Business, Cambodia Business, China Business, India Business, Laos Business, Malaysia Business, Myanmar (Burma) Business, Russia Business, South Africa Business, Thailand Business, US Mission ASEAN, Vietnam Business | No Comments »

It recently came to this blogger’s attention that the Governor of the sovereign State of New York, Andrew Cuomo, has proposed a bill which would provide same sex marriage benefits to those within that jurisdiction. To provide further insight on this issue it may be best to quote directly from a posting by Jay Kernis in which lawyer Evan Wolfson of the organization Freedom To Marry was interviewed on the official website of CNN, CNN.com:

On Tuesday, New York Governor Andrew Cuomo submitted a bill to bring marriage equality to New York State. What does the The Marriage Equality Act permit to happen? If passed by the Republican-controlled Senate and Democrat-controlled Assembly and signed into law by the Governor, the marriage bill will secure for committed same-sex couples the freedom to marry – with the same rules, same responsibilities, and same respect. It will more than double the number of Americans living in a state where gay couples can marry – from 16 million to 35 million.  And it will permit more families to strengthen their love and commitment and ability to care for one another, while taking nothing away from anyone else…

Readers are encouraged to click upon the appropriate hyperlinks noted above to learn more details about these issues.

As frequent readers of this blog may be aware, the issue of same sex marriage is of concern for the LGBT community, especially those same sex bi-national couples who are currently separated pursuant to application of the so-called “Defense of Marriage Act” (DOMA) which effectively precludes same sex bi-national couples from receiving the same visa benefits as their different sex counterparts. Meanwhile, efforts have been made on behalf of the LGBT community by legislators such as Representative Jerrold Nadler and Representative Mike Honda who have introduced federal legislation such as the Uniting American Families Act (UAFA), the Respect for Marriage Act, and the Reuniting Families Act. As of the time of this writing none of this legislation has seen passage in the United States Congress.

The issue of same sex marriage may also be important in an intraState context as there are many benefits for couples who are married. To quote further from the aforementioned posting:

[M]arriage is a system – it brings clarity, security, and tangible and intangible protections as couples move from state to state, interact with employers or businesses, or deal with the federal government…

Truer words have never been written. The institution of marriage is important as it provides concrete evidence of a given couple’s relationship and also may lead to other types of benefits. This blogger would argue that one of the main benefits of a State licensed same sex marriage is the fact that such a union should be accorded Full Faith and Credit pursuant to the United States Constitution provided that such a union occurs within a State which legalizes and solemnizes such unions. At present, the federal government, through enforcement of DOMA, does not recognize same sex marriages for purposes of according legal benefits, but there are currently two pending lawsuits which arose in the sovereign Commonwealth of Massachusetts and sovereign State of California that could overturn this policy. However, as of the time of this writing, such developments remain to be seen.

For related information please see: Full Faith and Credit Clause.

Tags: Andrew Cuomo, Bisexual, Commonwealth of Massachusetts, Defense of Marriage Act, DOMA, Freedom To Marry, Full Faith and Credit, Full Faith and Credit Clause, Gay, Lesbian, LGBT, New York Governor Andrew Cuomo, New York Marriage Equality Act, New York Same Sex Civil Union, New York Same Sex Marriage, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, same sex civil union, Same Sex Marriage, State of California, State of New York, The Marriage Equality Act, third sex, Transgender, uafa, Uniting American Families Act
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that the Chinese President has traveled to the nation of Russia for a State visit. It would appear as though this meeting is intended to facilitate greater cooperation between these two important countries. In order to provide further insight it may be best to quote directly from the People’s Daily Online, PeopleDaily.com.cn:

Chinese President Hu Jintao arrived in Moscow on Wednesday for a state visit aimed at deepening pragmatic cooperation between China and Russia. Hu said in a statement released upon his arrival at the airport that his visit intends to inject fresh impetus into the sustained, healthy and stable growth of the China-Russia strategic partnership of cooperation…

The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to learn more.

It is clear that China is becoming an increasingly significant player in the realm of geopolitics, international economics, and finance. Meanwhile, Russia remains a key player in both the European region and also in Northern Asia. Both of these countries have substantial economies. Therefore, the ramifications of Sino-Russian policies could impact the United States of America, the Kingdom of Thailand, and the broader Association of Southeast Asian Nations (ASEAN). At the time of this writing it remains to be seen whether this meeting will culminate in tangible results, but certainly it is important for those interested in Russo-Chinese relations. The reader may be interested to note that there have been recent announcements that a large Chinese Trading Complex is to be erected in Bangkok, Thailand.

The news about the Chinese President’s trip comes at the same time as an announcement in Britain regarding a new financial policy  that some are referring to as a “British Glass-Steagall” (an allusion to an American piece of legislation of the same name).  To shed further light upon this issue it may be best to quote directly from Yahoo Finance at Yahoo.com:

Finance minister George Osborne announced a major overhaul of Britain’s banks, approving a separation of their retail and investment businesses to help avoid another global financial crisis. In a high-profile address to finance leaders in central London, Osborne also announced that Northern Rock would be privatised three years after it was nationalised to save it from collapse as the global financial crisis hit. Osborne backed the findings of the government-appointed Independent Commission on Banking (ICB) which earlier this year called for a “ring-fencing” of retail businesses. “Today I have told the Commission that the government endorses both these proposals in principle… We will make these changes to banking to protect taxpayers in the future,” he said.

This blogger asks readers to click on the hyperlinks above to read this article in full.

Although geographically small, financial events that transpire in the United Kingdom can have a substantial effect upon the global economy as a whole. This statement is also true in the context of Asia as events (particularly in the financial realm) transpiring in the UK have implications for Asian jurisdictions. Hopefully the newly proposed measures will have a beneficial impact upon the British economy as well as the other economies around the world.

For related information please see: Thailand Company Registration.

Tags: ASEAN, ASsociation of Southeast ASian Nations, British Glass-Steagall, China, Chinese Trading Complex, Finance minister George Osborne, Hu Jintao, Independent Commission on Banking, investment banking, Nationalization, Northern Rock, Privatization, retail banking, Russia, Russo-Chinese relations, Sino-Russian relations, St. Petersburg International Economic Forum
Posted in American Business, China Business, Russia Business, Thailand Business, US Embassy China, US Embassy Russia | No Comments »

It recently came to this blogger’s attention that the Southeast Asian nation of Laos has seen something of a change in government. In order to provide further insight on this topic it may be prudent to quote directly from the website TMCNet.com:

VIENTIANE, Jun 16, 2011 (The Nation – McClatchy-Tribune Information Services via COMTEX) — Lao People’s Revolutionary Party chief Choummaly Sayasone has retained his position as the country’s president in a new ballot by the National Assembly while Thongsing Thammavong was re-elected as premier. President Choummaly, who was selected as party chief for the second term at the congress in March, told lawmakers he would employ all his ability, potential and skill to lead the country forward to stability, strength, happiness, unity, reconciliation, democracy and civilisation… [sic]

The administration of this blog asks that readers click upon the hyperlinks noted above to read further and gain context.

As a member of the Association of Southeast Asian Nations (ASEAN) Laos has a unique role in the political and economic interplay which seems to be constantly occurring in the context of both Southeast as well as Greater Asia. In a recent posting on this blog it was noted that the government of China is planning to build a high speed rail system in order link Thailand, Laos, and China together so as to facilitate travel and trade. It is hoped that the recent change in the Lao government will result in benefits for the people of Laos.

Meanwhile, in government news pertaining to the United States of America it recently came to this blogger’ s attention that the President of the United States may be on the receiving end of a lawsuit involving America’s relatively recent presence in Libya. To provide further elucidation it may be best to quote directly from the official website of Politico, Politico.com:

A bipartisan group of House members announced on Wednesday that it is filing a lawsuit charging that President Obama made an illegal end-run around Congress when he approved U.S military action against Libya. “With regard to the war in Libya, we believe that the law was violated. We have asked the courts to move to protect the American people from the results of these illegal policies,” said Rep. Dennis Kucinich (D-Ohio), who led the 10-member anti-war coalition with Rep. Walter Jones (R-N.C.)…The Kucinich-Jones group also includes Democrats John Conyers of Michigan and Michael Capuano of Massachusetts and Republicans Howard Coble of North Carolina, John Duncan of Tennessee, Roscoe Bartlett of Maryland, Ron Paul of Texas, Tim Johnson of Illinois and Dan Burton of Indiana.

The administration of this web log strongly encourages readers to click on the hyperlinks noted above to learn more from this story.

Those who read this web log with any frequency may have noted the fact that Representative Dennis Kucinich has recently been noted for his opposition to the so-called “Patriot Act” extension. As can be surmised, any lawsuit involving both federal legislators and the President is likely to be highly complex. Therefore, those interested in staying abreast of such issues are well advised to conduct thorough research in order to be fully informed about this developing story.

For related information please see: legal or US Company Registration.

Tags: ASEAN, ASsociation of Southeast ASian Nations, Business in Laos, China, Choummaly Sayasone, Dan Burton, Howard Coble, John Conyers, John Duncan, Lao National Assembly, Lao People's Revolutionary Party, Laos Business, Michael Capuano, President Obama, Rep. Dennis Kucinich, Rep. Walter Jones, Ron Paul, Roscoe Bartlett, Thongsing Thammavong, Tim Johnson, U.S military
Posted in American Business, ASEAN Business, Laos Business | No Comments »

It recently came to this blogger’s attention that the United States judicial system recently played host to a proceeding in which the issue of judicial recusal was discussed in the context of a recent case upholding the Constitutionality of same sex marriage in the sovereign State of California. To provide further insight into these developments it may be best to quote directly from the official website of the Associated Press, AP.org:

SAN FRANCISCO (AP) — A federal judge has a message for those trying to salvage California’s gay marriage ban: Sure, the judge who threw out the measure last year is in a long-term relationship with a man, but he could still be fair to them. Chief U.S. District Court Judge James Ware’s ruling Tuesday rejected arguments that former Chief Judge Vaughn Walker would potentially benefit from declaring the ban unconstitutional…

The administration of this web log encourages readers to click upon the relevant hyperlinks noted above to read this story in detail.

For those unfamiliar with the current plight of the LGBT community in the United States it should be noted that the currently enforced provisions of the so-called “Defense of Marriage Act” (DOMA) preclude same sex couples, including same sex bi-national couples, from acquiring the same legal and/or equitable benefits as their different sex counterparts. This issue arises in the context of American immigration in that same sex married couples, even those married in one of the sovereign American States which allow such unions, cannot obtain American visa benefits. Recently, legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Respect for Marriage Act, the Uniting American Families Act, and the Reuniting Families Act which are intended to rectify this discrimination to one degree or another. That stated, it is this blogger’s opinion that this issue may ultimately be resolved by the US Courts. With that in mind, the following was quoted directly from the aforementioned article:

In his 19-page decision – a response to the first attempt in the nation to disqualify a judge based on sexual orientation – Ware had a bigger message. Gay judges, he said, are just like minority and female jurists: They can be impartial, too, even in cases that might affect them. “We all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right,” he wrote. “The single characteristic that Judge Walker shares with the plaintiffs, albeit one that might not have been shared with the majority of Californians, gave him no greater interest in a proper decision on the merits than would exist for any other judge or citizen…

This decision is significant for the LGBT community as it elucidates the notion that one’ sexual orientation is not necessarily a bar to impartial decision making. Although the decision in this case does not go to the heart of the struggle for LGBT equality, it does provide a glimmer of hope for LGBT couples that further positive developments may lie ahead.

For related information please see: Proposition 8 or Full Faith and Credit Clause.

Tags: American Visa, Chief Judge Vaughn Walker, Chief U.S. District Court Judge James Ware, Defense of Marriage Act, DOMA, Full Faith and Credit, Full Faith and Credit Clause, fundamental right, Gay judges, LGBT, lgbt immigration, lgbt visa, Proposition 8, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, Same Sex Bi-National Couple, Same Sex Bi-National Couples, Same Sex Civil Partnership, same sex civil union, Same Sex Marriage, State of California, Uniting American Families Act, US Courts
Posted in same sex visa | No Comments »

Those who read this blog with any frequency may have noticed that the administration routinely posts the estimated processing times from the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public-at-large. To quote directly from the official website of the USCIS, USCIS.gov:

Readers may recall that the processing times noted above only pertain to the USCIS processing portion of the overall US visa process. Therefore, readers should not mistake the processing times noted above for the time it takes to actually acquire a visa. After a visa petition has been adjudicated by the officers at the USCIS, if approved, the case file is forwarded to the National Visa Center where it is then sent on to the US Embassy, American Institute, or US Consulate with appropriate Consular jurisdiction. This phase of the process is referred to as Consular Processing. Consular Processing can sometimes be quite quick while, in some cases, the process can be rather cumbersome if the facts of the case are extremely complex.

For related information please see: K1 Visa Thailand.

Tags: American Institute, American Visa Attorney, American Visa Burma, American Visa Cambodia, American Visa China, American Visa Hong Kong, American Visa India, American Visa Laos, American Visa Lawyer, American Visa Myanmar, American Visa Thailand, American Visa Vietnam, Consular Processing, K1 Visa Thailand, US Consulate, US Embassy, US Visa Attorney, US Visa Burma, US Visa Cambodia, US Visa China, US Visa Hong Kong, US Visa India, US Visa Indonesia, US Visa Japan, US Visa Korea, US Visa Laos, us visa lawyer, US Visa Macau, US Visa Malaysia, US Visa Myanmar, US Visa Philippines, US Visa Singapore, US Visa Sri Lanka, US Visa Taiwan, US Visa Thailand, US Visa Vietnam, USCIS, USCIS Processing Time, USCIS Processing Times
Posted in USCIS | No Comments »

It recently came to this blogger’s attention that issues surrounding same sex marriage have recently been analyzed by mainstream media outlets. To shed light upon this development further it may be best to quote directly from an insightful article written by Tara Siegel Bernard on the official website of the New York Times, NYTimes.com:

“There is the possibility that, even without DOMA on the books at all, that a married same-sex couple might not be treated as married by the federal government as to some particular program, benefit or obligation because of simply how the particular federal program determines eligibility in looking to state law to see if a person is married or not,” said Gary Buseck, legal director of Gay & Lesbian Advocates & Defenders…But legislators have come up with a fix. The Respect for Marriage Act, which was introduced in both the House and Senate in March, repeals the Defense of Marriage Act and  also includes a provision — known as “certainty” — that says marriages that are valid in the state where the couple got married will be recognized in other states for the “purposes of any federal law in which marital status is a factor…”

The administration of this blog strongly recommends that readers click upon the relevant hyperlinks noted above to learn more.

In previous postings on this web log it has been pointed out that the ramifications of the so-called “Defense of Marriage Act” (DOMA) are such that discrimination results for same sex bi-national couples as well as the LGBT community at large. In recent years, legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Uniting American Families Act (UAFA), the Reuniting Families Act, and the Respect for Marriage Act. The Respect for Marriage Act would seem to have been designed in order to deal with some of the more glaring separate sovereignty issues that arise in the context of intraState, interState, and State-Federal recognition of same sex marriage. To expound upon this more it may be best to quote further from the aforementioned article:

Technically speaking, he said, the repeal of the Defense of Marriage Act on its own should be enough for couples to receive federal recognition. But the certainty provision would also protect couples if a less gay-friendly administration interpreted the repeal more narrowly, and only recognized same-sex marriage for couples who lived in states that recognized their marriage. Mr. Moulton said that his organization was still working with members of Congress to build support for the bill, and educating them about “the concrete harms that DOMA has done to same-sex couples…”

For those who read this blog with any frequency it has, no doubt, been noticed that the administration is in opposition to the very existence of DOMA as that legislation infringes upon the sovereign rights of the States and the people to make decisions regarding the licensure of marriage and the maintenance of consensual relationships, respectively. That stated, since DOMA is still “on the books” it currently results in the separation of same sex bi-national couples in an immigration context and discrimination against the LGBT community in a broader sense. This certainty provision noted above is interesting as it pertains primarily to Federal rights and privileges in an interState context. Therefore, if a same sex couple marries in a State which legalizes and/or solemnizes same sex marriage, then the Federal benefits derived therefrom would likely travel with that couple no matter what State they travel to and no matter what Federal benefit they seek. This blogger would argue that perhaps this scenario would already occur pursuant to the privileges and/or immunities clauses, but in this situation it may be best to have some legislative guidance in order to streamline possible future policies pertaining to same sex marriages. As of the time of this writing UAFA, the Respect for Marriage, and the Reuniting Families Act have yet to be adopted, but hopefully, for the LGBT community’s sake, that will change sooner rather than later.

For related information please see: Full Faith and Credit Clause.

Tags: certainty, DOMA, Full Faith and Credit Clause, Gay & Lesbian Advocates & Defenders, LGBT, lgbt immigration, lgbt visa, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Same Sex Bi-National Couple, Same Sex Bi-National Couples, same sex civil union, same sex civil unions, Same Sex Marriage, same sex marriages, uafa, Uniting American Families Act
Posted in same sex visa, States' Rights | No Comments »

It recently came to this blogger’s attention that the Prime Minister of Singapore has been discussing some of the issues associated with the development of the Association of Southeast Asian Nations (ASEAN) and that organization’s relationship with other international organizations.  To provide further insight upon these developments it may be best to quote directly from the official website of Channel News Asia, ChannelNewsAsia.com:

JAKARTA: ASEAN’s ties with various regional and international groupings are an organic architecture which is gradually developing, says Singapore Prime Minister Lee Hsien Loong. He was speaking at a plenary session at the World Economic Forum on East Asia in the Indonesian capital Jakarta on Sunday. Mr Lee said ASEAN’s ties with groupings like the East Asia Summit, the ASEAN Plus Three (which involves China, Japan and South Korea) and the Asia Pacific Economic Cooperation (APEC) have helped to strengthen ties with one another. He said while there’s temptation to make things neater, it’s wiser to accept the “untidiness” of these arrangements and let the structures evolve…

The administration of this blog encourages readers to click upon the relevant hyperlinks noted above to learn more on this issue.

An interesting aspect of ASEAN’s evolution involves the fact that ASEAN is quintessentially Asian in that it is somewhat amorphous. The jurisdictions which comprise ASEAN operate both independently, but maintain something of a common purpose and overarching goals. How ASEAN will evolve in the future remains to be seen, but for now it would appear as though “organic” evolution will continue. It should be noted that the United States of America recently was noted for apparently undertaking cooperative efforts to engage ASEAN, along with China. How such developments will play out in the future is anyone’s guess.

On something of a related note, a Chinese rating house was recently noted for an analysis of the U.S. financial situation. To quote directly from Yahoo News Canada at Yahoo.com:

A Chinese ratings house has accused the United States of defaulting on its massive debt, state media said Friday, a day after Beijing urged Washington to put its fiscal house in order. “In our opinion, the United States has already been defaulting,” Guan Jianzhong, president of Dagong Global Credit Rating Co. Ltd., the only Chinese agency that gives sovereign ratings, was quoted by the Global Times saying. Washington had already defaulted on its loans by allowing the dollar to weaken against other currencies — eroding the wealth of creditors including China, Guan said…

This blogger encourages readers to click upon the hyperlinks noted above to find out further details. Hopefully, the United States can determine a course of action to deal with such issues that is beneficial for all concerned. Those interested in such matters are encouraged to conduct their own research to come to informed conclusions.

For related information please see: Thailand Company Registration.

Tags: APEC, ASEAN, ASEAN Plus Three, Asia Pacific Economic Cooperation, ASsociation of Southeast ASian Nations, Beijing, China, Dagong Global Credit Rating Co. Ltd., Global Times, Guan Jianzhong, Japan, Singapore Prime Minister Lee Hsien Loong, South Korea, untidiness, Washington, World Economic Forum, World Economic Forum on East Asia
Posted in American Business, ASEAN Business, China Business | No Comments »

Something very troubling recently came to this blogger’s attention. This posting must be prefaced with a statement for posterity: the vast majority of American civil servants are upright, honest, and conscientious employees of the American State and Federal governments who try their best to assist and provide valuable services to the American public. Their hard work should not be overlooked especially in this current era of virtually instantaneous communication.

One of America’s strengths stems from her flexibility and versatility in a political, foreign relations, and geopolitical context. In a domestic context this international flexibility is hard won as it generally stems from fierce national political and legal debate. The following is quoted directly from the website MyFoxDetroit.com:

ROMULUS, Mich. (WJBK) – The Mandy family says they were on their way to the happiest place on earth (Disney), but had to go through hell to get there. “I realize they’re trying to keep people safe, but come on, does he look like a terrorist?” said Dr. David Mandy. The family was going through security when two TSA agents singled Drew Mandy out for a special pat down. Drew is severely mentally disabled. He’s 29, but his parents said he has the mental capacity of a two-year-old, which made the experience that followed at metro Detroit’s McNamera Terminal that much harder to deal with. “You have got to be kidding me. I honestly felt that those two agents did not know what they were doing,” Mandy told us. Dr. Mandy claimed they asked Drew to place his feet on the yellow shoe line, something he didn’t understand. They proceeded to pat his pants down, questioning the padding which was his adult diapers. When the agents asked Drew to take his hand and rub the front and back of his pants so they could swab it for explosives, his dad stepped in and tried to explain that Drew was mentally challenged. “They said, ‘Please, sir, we know what we’re doing,’” Mandy said. The TSA agents saw Drew holding a six-inch plastic hammer. “My son carries his ball and his hammer for security. He goes everywhere with (them),” said Mandy. The TSA it seems saw the toy as a weapon. “He took the hammer and he tapped the wall. ‘See, it’s hard. It could be used as a weapon,’” Mandy explained. “So, Drew’s also holding the ball, and I said, ‘Well, how about the ball?’ He (said), ‘Oh, he can keep that.” Dr. Mandy was told he would need to have the toy shipped if he wanted to keep it, a process which caused them to almost miss their plane, so he pitched it. “It just killed me to have to throw it away because he’s been carrying this like for 20 years,” Mandy said…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks above to read more and also view the video of the interview with this man’s father.

The so-called “Transportation Security Administration” (TSA) is, quite simply: a travesty. This story is absolutely heartbreaking.

Continuing, there is a poignant film from Hallmark Hall of Fame entitled: The Boys Next Door. This film is mentioned because the narrative of the film chronicles the lives of a group of mentally challenged men who are simply trying to live their lives like any other Americans inherently endowed with the privileges and/or immunities of American Citizenship. Their fictional trials, tribulations, and treatment at the hands of greater society provides illumination about what freedom means for people of all backgrounds in the United States and across the globe. There is a very salient moment to be taken from this film in the context of these current events. Perhaps it may be best to quote directly from a critical article written by Hal Boedeker, Sentinel Television Critic, on February 4th 1996 and posted on the website of the Orlando Sentinel, OrlandoSentinel.com:

The movie also spells out its good intentions. Jack imagines feeble-minded Lucien telling a state senate panel: ”Civilizations are judged by the way they treat their most helpless of citizens. And if you turn away from me, you extinguish your own light, deny your own warmth.”

The administration of this weblog encourages readers to click upon the relevant hyperlinks noted above to read this article in full and gain further insight. Furthermore, viewing this film may be insightful as well, under the circumstances. For a relevant video clip please click HERE.

The reader needs to recognize that Mr. Mandy, like all Americans, is endowed by his creator with certain inalienable rights and one of those inalienable rights is the right to be free from unreasonable searches and seizures pursuant to the 4th Amendment of the United States Constitution. How is it reasonable, America, to believe that a man in Mr. Mandy’s position should have his 4th Amendment rights stripped without just cause? Was there probable cause to have these rights stripped? Were there exigent circumstances? What security interest was upheld by trampling upon this man’s liberty? More importantly, how can Mr. Mandy’s public servants have the audacity to treat him with such disrespect when, in reality, it is their job to serve and protect HIM!!!! For if not him, then whom? Furthermore, is not Mr. Mandy accorded an unfettered right to travel pursuant to both his State and United States Citizenship? Finally, would it be unreasonable to posit that Mr. Mandy may be entitled to some just compensation for having a treasured item, which apparently had been literally held for twenty years, taken and thrown out pursuant to a questionably lawful search?

This story was acutely difficult to read because the victim of this injustice is the same age as this blogger. There is an old saying: “There but for the grace of God, go I.” Simply put: were factual circumstances different, this could just as easily have been this blogger or any reader in this audience. That stated, I would hope that if I were mentally disabled my civil servants would comport themselves in such a way that facilitated my travel and aided me in my distress (as one can only infer that this incident caused this man considerable distress and consternation since having one’s “pant’s patted down” AKA: being groped, is upsetting for anyone, especially Americans who are used to their government, usually in the form of bonded peace officers; respecting their privacy and right to be free from unwanted searches, seizures, and molestation by American governmental agents).

Whatever excuses or apologies that TSA wishes to extend regarding this incident are irrelevant for they have committed an irrevocable violation of this man’s Constitutional and Human rights, but this issue goes deeper as these are the servants of We The People and therefore it is upon us as Americans to recognize this problem in order to make attempts at redressing it via either election, legislation, or even; perhaps, a possible legal decision.

At the level of the sovereign American States, it would appear as though further efforts are being undertaken to curtail the questionably legal activities of the TSA.To quote directly from the official website of the Examiner, Examiner.com:

The federal Transportation and Security Administration may have thought it had the last word in its battle with the state of Texas over a controversial bill that would make airport pat-downs a criminal offense. The fight, however, is anything but over as the state Senate prepares take up the bill for the second time. The bill, HB 1937, would make it a misdemeanor for TSA personnel to touch “the anus, sexual organ, buttocks, or breast of another person including through the clothing.” The penalties for violating the law would be a $4,000 fine and up to a year in jail…

Readers are asked to click upon the hyperlinks above to find out further details. Frequent readers of this blog may recall that Texas was recently the scene of some tension regarding these issues as the Texas Senate became the recipient of what would appear to have been significant federal pressure operating against similar legislation which was previously submitted. It also appears as if the sovereign State of Texas is not the only State which may be looking at such legislation, to quote directly from the website of STGNews, Stgnews.com:

SALT LAKE CITY – Representative Carl Wimmer (R-Herriman) opened a bill file today that, according to his website post,  “will prohibit TSA pat downs in Utah without reasonable suspicion. Texas needs us to stand with them.” Taking a hint from what Texas has sought to enroll in her laws, this suggests that Transportation Security Administration agents, on site at Utah airports, may become subject to the same criteria that other law enforcement officials must meet before performing a search upon a person…

The administration of this web log highly recommends that readers click upon the above cited hyperlinks to read this story in detail.

As it appears that the sovereign State of Utah is now joining the chorus of those calling for legislation regarding the curtailment of TSA abuses. It remains to be seen whether any such legislation will actually see passage. It seems likely that this is not the last we have heard on this issue.

– Benjamin Walter Hart

Tags: 4th Amendment, American Constitution, Detroit's McNamera Terminal, Hallmark Hall of Fame, HB 1937, Human Rights, mental capacity of a two-year-old, mentally challenged, privileges and immunities of United States Citizenship, privileges or immunities of United States Citizenship, reasonable suspicion, Search and Seizure, six-inch plastic hammer, State of Texas, State of Utah, The Boys Next Door, There but for the grace of god go I, Transportation Security Administration, Transportation Security Administration agents, TSA, U.S. Constitution, unreasonable search and seizure
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สิ่งที่กำลังเป็นเรื่องที่น่าสนใจ คือ หน่วยบริการพลเมืองสหรัฐอเมริกาและการเข้าเมือง (USCIS) ได้ออกบันทึกเกี่ยวกับกระบวนการการขอสิทธิอุทธรณ์ ตาม ไอ-601 หากต้องการข้อมูลเพิ่มเติมนั้นสามารถอ้างได้โดยตรงจากเว็บไซต์อย่างเป็นทางการของUSCIS ตามเว็บ USCIS.gov

วัตถุประสงค์

บันทึกนโยบายนี้ (PM)นำเสนอหลักการเกี่ยวกับกระบวนการในการขอใช้สิทธิอุทธรณ์ตามฟอร์ม ไอ-601ของหน่วยบริการพลเมืองและการเข้าเมืองสหรัฐอเมริกา (USCIS)โดยการยื่นนอกสหรัฐอเมริกา หลักการเหล่านี้มีอยู่ในAFM บทที่ 41.7และในบททบทวนของคู่มือหน่วยปฏิบัติการ ตามเขตอำนาจศาลของแบบฟอร์ม ไอ-601

ขอบเขต

นอกจากข้อยกเว้นที่กล่าวถึงข้างต้นนั้น บันทึกนี้นำมาใช้และบอกเป็นนัยว่า เจ้าหน้าที่ของ USCIS มีอำนาจวินิจฉัยแต่ละบุคคลนอกสหรัฐอเมริกา
การควบคุม

8 CFR 212.7 ควบคุมการวินิจฉัย USCIS ของฟอร์ม ไอ-601
เบื้องหลังของนโยบาย USCIS ยอมรับการร้องขอที่จะมีการขออุทธรณ์กระบวนการของคำร้อง หรือคำร้องขอที่ผู้สมัครและผู้ยื่นคำขอแสดงถึงเหตุผลในการที่จะอุทธรณ์กระบวนการดังกล่าว เกี่ยวเนื่องกับนโยบายที่ผู้สมัครอาจเรียกร้องว่า ฟอร์ม ไอ-601 อาจจะได้รับการพิจารณา คำร้องขอเกี่ยวกับการอุทธรณ์ในบริบทที่แตกต่างกัน โดยมากแล้วแบบฟอร์ม ไอ-601 ของผู้สมัครนอกสหรัฐอเมริกามีส่วนที่จะช่วยเร่งกระบวนการโดยอาศัยความยากลำบากในการที่จะหาคุณสมบัติของสมาชิกในครอบครัว โดยส่วนมากฟอร์ม ไอ-601ทั้งหมดที่อยู่นอกประเทศสหรัฐอเมริกา อย่างไรก็ตามผู้สมัครบางคนอาจจะอยู่ในสถานการณ์ที่พิเศษนอกสหรัฐอเมริกาซึ่งจะต้องเป็นไปอย่างเร่งด่วน และมีเหตุผลของเวลาในการที่อยู่ในขั้นตอนของฟอร์มไอ-601 บันทึกนี้ได้แนะนำสิ่งที่เกี่ยวกับคำร้องขอของฟอร์มไอ-601โดยผู้ยื่นคำขอที่อยู่ต่างแดน นโยบายที่ดำเนินการในการจัดการกับทรัพยากรและสถานการณ์ต่างๆขึ้นอยู่กับแต่ละกรณีโดยขึ้นอยู่กับการอนุมัติคำขอในการเร่งกระบวนการการอุทธรณ์ฟอร์มไอ-601 ความปรารถนาอย่างแรงกล้านั้นไม่ได้ขึ้นอยู่กับพฤติการณ์พิเศษ ขึ้นอยู่กับแต่ละกรณีที่จะมีการร้องขอให้วินิจฉัยฟอร์มไอ-601 ความตั้งใจที่จะย้ายถิ่นฐานมายังสหรัฐอเมริกาอาจจะมความเป็นไปได้แต่ไม่ได้ขึ้นอยู่กับพฤติการณ์พิเศษเพียงอย่างเดียว ประเภทของพฤติการณ์พิเศษโดยทั่วไปแล้วช่วยเร่งให้กระบวนการต่างๆรวดเร็วขึ้นสำหรับผู้ที่มีข้อจำกัดเรื่องเวลาและอยู่ในสถานการณ์ที่บีบบังคับมากกว่าการที่ผู้สมัครในสหรัฐอเมริกาจะรอให้สถานการณ์อยู่ภายใต้กรอบเวลาปกติ

สำหรับผู้ที่ไม่คุ้นเคยกับเรื่องการเข้าเมืองสหรัฐอเมริกานั้นต้องตระหนักถึงการอุทธรณ์ ไอ-601ที่ให้การเยียวยาสำหรับผู้ที่ไม่สามารถเข้าไปในสหรัฐอเมริกา หรือยังไม่สามารถที่จะได้รับวีซ่าสหรัฐอเมริกา (เช่นวีซ่า เค-วัน(วีซ่าคู่หมั้น) วีซ่าซีอาร์-1 หรือวีซ่า ไออาร์-1) ในระหว่างกระบวนการทางกงสุลที่สถานทูตสหรัฐอเมริกา หรือสถานกงสุลสหรัฐอเมริกาในต่างประเทศ

การของสิทธิอุทธรณ์นั้นเป็นที่น่าสับสนกับการอุทธรณ์ ไอ-212 (ยังกล่าวถึงการยื่นคำขอเกี่ยวกับการอนุญาตล่วงหน้าในการกลับเข้าไปในสหรัฐอเมริกา) อย่างไรก็ตาม การใช้สิทธิอุทธรณ์ ไอ-601 และสิทธิอุทธรณ์ ไอ-212 เป็นคำขอสองประเภทที่แตกต่างกันซึ่งมีบางส่วนที่เหมือนกันแต่ไม่ได้มีส่วนที่เหมือนกันทั้งหมด

To view this information in English please see: I-601 waiver.

Tags: 8 CFR 212.7, I-212, I-601, I212, I601, USCIS, กระบวนการทางกงสุล, การอุทธรณ์ ไอ-601, วีซ่า เค วัน, วีซ่า ไออาร์-1, วีซ่าคู่หมั้น, วีซ่าซีอาร์-1, สถานกงสุลสหรัฐอเมริกา, สถานทูตสหรัฐอเมริกา, สิทธิอุทธรณ์ ไอ-212, หน่วยบริการพลเมืองสหรัฐอเมริกาและคนเข้าเมือง
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