Integrity Legal

It recently came to this blogger’s attention that the dynamics of Sino-ASEAN (Association of Southeast Asian Nations: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) relations has been a topic of discussion. In order to provide further insight into these matters it is necessary to quote directly from the official website of Bernama at Bernama.com.my:

KUALA LUMPUR, October 3 (Bernama-AsiaNet) — The economic relation between China and the ASEAN is very close despite the territorial disputes in the South China Sea. The establishment of the China and ASEAN Free Trade Area creates the world’s largest free trade area that comprises developed countries and has 1.9 billion consumers, a GDP of nearly US$6 trillion and foreign trade totaling US$4.5 trillion…

This blogger asks readers to click upon the hyperlinks noted above to read this article in detail.

It would seem that many feel as though there will likely be further economic benefits derived from further economic cooperation between China and the countries which comprise ASEAN. In the context of specific countries, such as Thailand, this benefit may be further magnified by bilateral relations with the US. Thailand maintains a strong economic relationship with the United States as enshrined by the US-Thai Treaty of Amity. Bearing this in mind, the dynamics of Asian economics is subtle and multifaceted. That stated, there are many indications that the economies of Asia will continue to economically thrive in the future.

In news pertaining to travel matters in the United States it recently came to this blogger’s attention that the Transportation Security Administration (TSA) has been recently analyzed for what appears to have been an invasive pat down of a woman who had been afflicted with breast cancer. In order to provide further information regarding this situation it is necessary to quote directly from a posting by Lori Dorn via Boing Boing on the website Gizmodo.com:

Lori Dorn, the wife of Laughing Squid’s Scott Beale, recently submitted to a backscatter scan at JFK airport. The TSA pulled her aside for a breast patdown, even though she stated she had breast implants in place after her bilateral mastectomy. Of course, that didn’t stop them. They didn’t even let her take out the Device Identification Card that would could have explained where the implants came from and their medical purpose. No. Instead they humiliated her in public…

The administration of this web log strongly encourages readers to click upon the aforementioned hyperlinks to read more from this interesting article.

In this blogger’s mind, there is no question that security should be a concern for travelers both in the US and abroad. However, usage of the term “security” as an umbrella term to allow for the humiliation of a breast cancer survivor seems rather draconian especially in light of the fact that the woman in question apparently had a Device Identification Card for just such occasions seems perplexing, to say the least. Hopefully measures will be taken to provide some sort of protection for travelers with disabilities so as to address safety concerns while simultaneously preventing humiliation while traveling.

– Benjamin Walter Hart

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: ASEAN Free Trade Area, ASsociation of Southeast ASian Nations, breast patdown, Brunei Darussalam, Cambodia, China and ASEAN Free Trade Area, Device Identification Card, Indonesia, JFK airport, Laos, Malaysia, Myanmar, Philippines, Singapore, Sino-ASEAN relations, South China Sea, Thailand, Transportation Security Administration, TSA, US-Thai Treaty of Amity, Vietnam
Posted in ASEAN Business, Transportation Security Administration (TSA) | No Comments »

First they came for the communists,
and I didn’t speak out because I wasn’t a communist.

Then they came for the trade unionists,
and I didn’t speak out because I wasn’t a trade unionist.

Then they came for the Jews,
and I didn’t speak out because I wasn’t a Jew.

Then they came for me
and there was no one left to speak out for me…

[F]amous statement attributed to Pastor Martin Niemöller (1892–1984) about the inactivity of German intellectuals following the Nazi rise to power and the purging of their chosen targets, group after group.”

– quoted directly from the official website of  Wikipedia, Wikipedia.org

It recently came to this blogger’s attention that the former Secretary of Defense of the United States of America has been the subject of a so-called “enhanced patdown” (A.K.A grope down) administered by the TSA.  To quote directly from a very insightful article by Josh Rogin posted in The Cable on the official website of Foreign Policy, ForeignPolicy.com:

Former Defense Secretary Donald Rumsfeld was on the other side of the homeland security policies his administration helped to create today when he was held up and patted down at the airport after setting off the metal detectors on his way to board a flight…Rumsfeld was in Chicago to attend a panel and luncheon hosted by the Heritage Foundation and was on the way to Grand Rapids, MI to attend the funeral of Betty Ford, whom he called “one of America’s most beloved first ladies.”

This blogger asks readers to click on the relevant hyperlinks noted above to read this article in full and thereby gain insight into what apparently happened.

In this blogger’s opinion, the news above elucidates the fundamental absurdity and ridiculousness of the Transportation Security Administration (TSA), as of late, especially in light of the United States Constitution’s 4th Amendment protection against unreasonable searches and seizures.To provide poignant context it is again necessary to quote Wikipedia’s 4th Amendment entry:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In what way is it reasonable to assume that groping a former Defense Secretary is reasonable while he is traveling to the funeral of a former First Lady? Where is the probable cause for this activity? Where is the warrant for such an invasion of Mr. Rumsfeld’s personal space? These events seem rather ironic since it was Mr. Bush’s administration that began these Constitutionally-suspect practices. However, that should not divert the reader’s attention from the severity of this state of affairs. At what point did it become reasonable to deny everyone their Constitutional right to be free from unwanted touching? Or, perhaps more specifically unwanted searches of persons without a warrant supported by probable cause? To provide further insight, it is necessary to quote from another section of Wikipedia discussing fundamental legal issues associated with the American Constitution:

The U.S. Declaration of Independence states that it has become necessary for the United States to assume “the separate and equal station to which the Laws of Nature and of Nature’s God entitle them”. Some early American lawyers and judges perceived natural law as too tenuous, amorphous and evanescent a legal basis for grounding concrete rights and governmental limitations.^[3] Natural law did, however, serve as authority for legal claims and rights in some judicial decisions, legislative acts, and legal pronouncements.^[66] Robert Lowry Clinton argues that the U.S. Constitution rests on a common law foundation and the common law, in turn, rests on a classical natural law foundation.^[67]

This quotation above is important because it demonstrates the reason for the very existence of the 4th Amendment itself. Namely: to codify extremely important, yet utterly subtle natural rights. The founders were well aware of the fact some natural rights are so inherent to the very fiber of We The People‘s being that they are (under the weight of occasionally specious yet tempting legal reasoning) sometimes subject to being taken for granted by dint of their almost ethereal nature.

Readers are asked to bear the above in mind as this blogger feels compelled to quote directly from the website of My Fox New York, MyFoxNY.com:

[A] Colorado woman is accused of putting her hands on a TSA agent at Sky Harbor International Airport in Phoenix. Court records show 61-year-old Yukari Mihamae grabbed the left breast of the female agent Thursday at the Terminal 4 checkpoint…Mihamae now faces a felony count of sexual abuse. According to court records, she lives in Longmont, Colorado and is self-employed…

Readers are asked to click upon the hyperlinks above to read this article in detail. It is also necessary to point out that the woman in question noted above is innocent until proven guilty of any charge under American law and the American justice system’s adherence to Blackstone’s Formulation. That said, it will, no doubt, be interesting to ascertain the facts surrounding this incident since the lead-up to this incident may, at the least, provide context. Travel is stressful to begin with and, in this blogger’s opinion, such stress is only compounded by the duress which arises with the prospect of an invasive pat-down and the insistence, with little legal foundation, that such a pat-down be imposed.

In a somewhat startling turn of similar events it would appear that a woman in the sovereign State of Tennessee has been subjected to arrest as a result of an incident involving the TSA. In order to provide further insight on these developments it is necessary to quote directly from the Mail Online website at DailyMail.co.uk:

A mother has been arrested after refusing to let her child be searched by a TSA agent. Andrea Fornella Abbott, 41, was arrested at Nashville International Airport on Saturday after telling agents she did not want her daughter to be ‘touched inappropriately’ or have her ‘crotch grabbed,’ according to a police report. Mrs Abbott acted ‘belligerent and verbally abusive to staff’, yelling and swearing at them, according to the report. Police said after the woman refused to calm down she was arrested and charged with disorderly conduct…

Tags: 14th Amendment, aircraft, airport, airport screeners, American judges, American Lawyers, American Traveller Dignity Act, ballot box, Bill of Rights, body imaging machines, business travelers, cabinet secretary, classical natural law foundation, Clerk of the United States House of Representatives, Common Law, common law foundation, Constitutional Law, crotch grabbed, Declaration of Independence, disorderly conduct, due process of law, Erie Doctrine, families, Federal employee, Federal funds, federal regulations, felony count of sexual abuse, Former Defense Secretary Donald Rumsfeld, Full Faith and Credit, Full Faith and Credit Clause, funeral of Betty Ford, German intellectuals, Grand Rapids, H.R. 6416, Heritage Foundation, homeland security policies, immunity, judicial decisions, Laws of Nature, legal pronouncements, legislative acts, legitimate operation of a supreme government, Member of Congress, Michigan, millimeter wave machines, Nashville International Airport, Nazi, Oath or affirmation, Obama Administration, our rights are inalienable, Pastor Martin Niemöller, physical contact, political elites, probable cause, Right to travel, Robert Lowry Clinton, Secretary of Defense of the United States of America, senior citizens, Several States, Sky Harbor International Airport in Phoenix, Soviet citizens, Soviet Constitutions, Texas, touched inappropriately, Transportation Security Administration, TSA, TSA agent, U.S. Declaration of Independence, United States Constitution's 4th Amendment, unreasonable searches and seizures, warrant, warrant supported by probable cause, x-rays
Posted in Transportation Security Administration (TSA) | No Comments »

It recently came to this blogger’s attention that the Association of Southeast Asian Nations (ASEAN) has seen the launch of a dedicated television channel. To provide more insight upon these developments it may be best to quote directly from the website MyThaiPhotos.com:

Tonight saw the official launch of ASEAN TV which is a new channel that serves 10 member countries in the English language. It’s actually been around for nearly two years as a project by MCOT. However they have now joined with the Nation group who run Thailand’s first 24 hour news channel. This co-operation between MCOT and the Nation means we will now get another 24 hour English language news channel in Thailand.

This blogger encourages readers to use the hyperlinks noted above to read the full details of this recent announcement.

There are many positive benefits that could be accrued to the people of the various ASEAN jurisdictions as a result of the launching of a television channel dedicated to ASEAN affairs. As ASEAN becomes increasingly important in an economic context it stands to reason that those in the ASEAN region and around the globe will be seeking information regarding the various economies which comprise this important organization. Meanwhile, ASEAN seems to be becoming increasingly important geopolitically (along with the so-called BRICS nations) so a news channel dedicated to providing insight into the political events occurring in the ASEAN jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) would appear to be something of a necessity for those who wish to remain informed regarding current events therein.

In rather unrelated news (but likely pertinent for readers of this web log) it recently came to this blogger’s attention that the sovereign State of Michigan may see TSA-related legislation similar to that proposed in the sovereign State of Texas. In order to provide some insight into these developments it may be best to quote directly from the website of the Daily Tribune, DailyTribune.com:

An Oakland County lawmaker is taking aim at the Transportation Security Administration and how its agents perform airport passenger security checks. State Rep. Tom McMillin, R-Rochester Hills, wants to make it a misdemeanor for any TSA employee to “conduct an intrusive, personal search on citizens without reasonable cause.” McMillin referenced a recent incident at Detroit Metropolitan Airport “where a 29-year-old special needs passenger was subject to an allegedly intrusive search.” “The federal government is not God,” McMillin said Friday. “It doesn’t get to decide what it can do to our citizens. This is one law that needs to be in place…”

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

Readers may recall that a recent posting on this blog discussed the so-called Transportation Security Administration‘s (TSA) recent harassment of a mentally challenged man in Michigan. It would appear as though that story has caused concern among Michigan legislators. This concern would seem to have manifest itself in the form of possible legislation. That stated, as of the time of this writing, there has yet to be any actual passage of such legislation on the State level. Hopefully, the developments noted above will result in benefits for all concerned.

For related information please see: States’ Rights.

For information pertaining to legal services please see: Legal.

Tags: 24 Hour News ASEAN, 24 Hour News Thailand, ASEAN, ASEAN news, ASEAN TV, ASsociation of Southeast ASian Nations, Association of Southeast Asian Nations News, Brunei Darussalam, Brunei Darussalam News, Cambodia, Cambodia news, Indonesia, Indonesia News, Laos, Laos news, Malaysia, Malaysia News, MCOT, Michigan News, Myanmar, Myanmar News, Philippines, Philippines News, Singapore, Singapore News, State of Michigan, State of Texas, State Rep. Tom McMillin, States' Rights, Texas News, Thailand, Thailand News, Transportation Security Administration, TSA, Vietnam, Vietnam News
Posted in ASEAN Business, Transportation Security Administration (TSA) | No Comments »

It recently came to this blogger’s attention that the highly informative website of the American Immigration Lawyers Association has noted the Uniting American Families Act (UAFA) and the Reuniting Families Act (RFA) in a recent posting. Perhaps it is best to quote directly from the official website of the American Immigration Lawyers Association (AILA):

Uniting American Families Act of 2011 (H.R. 1537)
Introduced by Rep. Nadler (D-NY) on 4/14/11
Summary: Includes a “permanent partner” within the scope of INA. Defines a “permanent partner” as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, anyone other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual. Defines: (1) “permanent partnership” as the relationship existing between two permanent partners, and (2) “alien permanent partner” as the individual in a permanent partnership who is being sponsored for a visa…

Reuniting Families Act (H.R. 1796)
Introduced by Rep. Honda (D-CA) on 5/6/11
Summary: Amends the INA to establish the fiscal year worldwide level of employment-based immigrants at 140,000 plus: (1) the previous year’s unused visas, and (2) the number of unused visas from FY1992-FY2011. Establishes the fiscal year worldwide level of family-sponsored immigrants at 480,000 plus: (1) the previous year’s unused visas, and (2) the number of unused visas from FY1992-FY2011.

Revises the definition of “immediate relative” to: (1) mean a child, spouse, or parent of a U.S. citizen or lawful permanent resident (and for each family member of a citizen or resident, such individual’s accompanying spouse or child), except that in the case of parents such citizens shall be at least 21 years old; (2) permit a widow or widower of a U.S. citizen or resident to seek permanent resident status if married at least two years at the time of the citizen’s or resident’s death or, if married less than two years, by showing through a preponderance of the evidence that the marriage was entered into in good faith and not solely to obtain an immigration benefit; and (3) include an alien who was the child or parent of a U.S. citizen or resident at the time of the citizen’s or resident’s death if the alien files a petition within two years after such date or prior to reaching 21 years old…

This blogger encourages readers to click upon the relevant hyperlinks noted above to read further into the details of all of the proposed pieces of legislation noted in the aforementioned quotation. Frequent readers of this blog may recall the initial introduction of these bills by Representative Jerrold Nadler and Representative Mike Honda, respectively. It could easily be inferred that many in the LGBT community and same-sex bi-national couples from around the globe are anxiously awaiting positive news on any of these legislative proposals.

Readers are reminded that Representative Nadler is the legislator who also proposed the Respect for Marriage Act which would provide federal recognition of the State licensure of same sex marriage. It should be noted that several sovereign American States currently legalize and/or solemnize such marital unions and jurisdictions such as the Commonwealth of Massachusetts and the State of California have seen cases in the federal judicial branch which may result in an end to the current discrimination felt by many couples as a result of the so-called “Defense of Marriage Act” (DOMA).

This news comes upon the heels of interesting possible political developments in Texas which may result in State legislation pertaining to TSA activities in airports. To quote directly from the official website of 1200 WOAI News Radio out of San Antonio, Texas:

Texas lawmakers will reconsider a bill that would criminalize ‘enhanced pat downs’ by Transportation Security Administration agents at the state’s airports, after Gov. Rick Perry placed the item on the agenda for the current special session of the legislature following intense pressure from conservatives and tea party groups, 1200 WOAI news has learned. “I am grateful that the governor heard the calls of the people demanding that lawmakers stand up for the liberties of Texans,” Wesley Strackbein, a conservative activist and founder of’ TSA Tyranny.com’ told 1200 WOAI news.  Strackbein Saturday traveled to New Orleans to confront Perry at a book signing event and demand that the item be placed on the legislative  agenda…

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

TSA‘s (Transportation Security Administration) usage of so-called “enhanced patdowns” upon children and physically/mentally challenged individuals, not to mention the public-at-large, has apparently caused intense political pressure at the grassroots level calling for restriction of these activities. It would appear as though tangible results of such pressures could be forthcoming, but until such time as a bill has actually been enacted it is difficult to say if, or when, offensive policies and procedures will actually change.

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

Tags: AILA, American Immigration Lawyers Association, Bisexual, Commonwealth of Massachusetts, Defense of Marriage Act, DOMA, enhanced patdowns, Full Faith and Credit Clause, Gay, groping, immediate relative, Lesbian, LGBT community, lgbt immigration, lgbt visa, permanent partner, permanent partnership, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, Same Sex Marriage, same sex visa, State of California, Texas Governor Rick Perry, Transgender, Transportation Security Administration, TSA, uafa, Uniting American Families Act, Wesley Strackbein
Posted in same sex visa, Transportation Security Administration (TSA) | 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
Posted in Editorial, Opinion, Transportation Security Administration (TSA) | No Comments »

It recently came to this blogger’s attention that the US business visas categorized as the B-1 visa and the H-1B visa are making headlines on the World Wide Web. To quote directly from the official website of First Post, FirstPost.com:

Infosys announced on Tuesday that it had received a subpoena from a US District Court demanding documentation of its B1 visa usage, which is  the subject of a criminal investigation by the US Department of Justice (DOJ).

Those reading this web log are strongly encouraged to click upon the hyperlinks above in order to gain more perspective on this developing story. Concurrently, readers are also asked to remember that those accused of an illegal act, whether a natural person or a corporation, are innocent until proven guilty pursuant to America law.

Those unfamiliar with these visa categories should note that the B-1 visa is a non-immigrant visa designed for use by those who intend to remain in the United States for a short period of time for business meetings or training. Such travel documents do not permit the bearer to take up employment within the jurisdiction of the United States. Meanwhile, the H-1B visa is intended for those who wish to  undertake employment in the United States of America. In much the same way that a Thai business visa does not confer the right to work in the Kingdom of Thailand, only a Thai work permit entails such privileges, so too does a B-1 visa exclusively permit the bearer lawful status in the USA upon admission. Therefore, those wishing to work in the USA are generally required to obtain a visa which permits the bearer to work or obtain Employment Authorization. Those who have lawful permanent residence pursuant to entry in the USA on a CR1 Visa or an IR1 Visa are allowed to work in the USA.

The aforementioned article went on to note:

The DOJ’s criminal investigation is not the only legal claim Infosys is facing in relation to B1 visas. As Firstpost has previously reported, an Alabama-based employee named Jack “Jay” Palmer filed a civil lawsuit against the company in February alleging that Infosys used the B1 visa as a way to “creatively” manoeuvre around H-1B visa caps. (Infosys has consistently been the top recipient of H-1B visas in the US.)

Those seeking American immigration benefits should be aware of the fact that the privilege of working in the United States is not always easily obtained. Furthermore, those pondering immigration benefits should note that it is never prudent to be anything but 100% honest with American immigration officials as failure to be candid regarding one’s bona fide immigration intentions could have tremendous adverse ramifications. Consequences for failure to be forthright with immigration authorities could include fines, penalties, incarceration, or a finding of legal inadmissibility. Those found to be legally ineligible for admission to the United States of America may be able to rectify such inadmissibility through use of either an I-601 waiver or an I-212 waiver, depending upon the circumstances of the case.

Meanwhile, it appears that the Department of Homeland Security‘s Transportation Security Administration (TSA) is taking criticism from a federal legislator regarding the methodology surrounding the groping of individuals passing through airports in the USA. To quote directly from the official website of Real Clear Politics, RealClearPolitics.com:

The Hill reports: “I walked through … right behind me there was a grandmother — little old lady, and she was was patted down,” Rep. Paul Broun (R-Georgia) said on C-SPAN’s “Washington Journal.” “Right behind her was a little kid who was patted down. And then right behind him was a guy in Arabian dress who just walked right through. Why are we patting down grandma and kids?”

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

It is certainly a credit to Representative Paul Broun that he is questioning TSA policies regarding groping of prospective passengers as it is this blogger’s personal opinion that such searches violate the provisions of the 4th Amendment of the Constitution of the United States of America. This news comes on the heels of a recent announcement that lawmakers in the sovereign State of Texas have withdrawn a recent bill brought before that State’s legislature to curtail the activities of the TSA. To quote directly from the website of the Texas Tribune, TexasTribune.org:

A threat from the federal government to shut down Texas airports or cancel flights may have killed legislation by Tea Party conservatives in the Texas Capitol to prohibit federal Transportation Security Administration agents from conducting “invasive searches.” “I don’t cave in to heavy handed threats by the federal government,” said an angry Sen. Dan Patrick, R-Houston, the Senate sponsor of the bill, who ultimately withdrew the bill. House Bill 1937, which was passed by the House earlier this month, would make it a misdemeanor offense for a federal security agent to “intentionally, knowingly, or recklessly [touch] the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing, or touching the other person in a manner that would be offensive to a reasonable person.” Two TSA officials visited Patrick at the Capitol earlier today to discuss the legislation. They warned him that the legislation “could close down all the airports in Texas,” he said…

This blogger encourages readers to click on the hyperlinks above to find out more.

Clearly, the issue of TSA “pat downs” is controversial and can raise tempers. This blogger encourages readers to keep abreast of the stories above at it seems likely that the underlying issues will continue to be poignant in the days and weeks ahead. This may be especially true in the context of an upcoming election as issues pertaining to U.S. immigration and the 4th amendment may be of concern to prospective voters.

Tags: B-1 Visa, B-1 visas, B1 visa, CR-1 Visa, CR1 Visa, Department of Homeland Security, Department of Justice, DOJ, H-1B visa, H-1B visas, I-212 waiver, I-601 Waiver, Infosys, invasive searches, IR-1 Visa, IR1 Visa, Texas airports, Texas Capitol, Texas Senator Dan Patrick, Thai Business Visa, Thai Work Permit, Transportation Security Administration, TSA, TSA Groping, TSA invasive searches, TSA Pat Down, US business visas, US District Court
Posted in Transportation Security Administration (TSA), US Visa, US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that a screener for the Transportation Security Administration (TSA) has been arrested in connection to charges stemming from child pornography. To quote directly from Philly.com:

A passenger screener at Philadelphia International Airport is facing charges that he distributed more than 100 images of child pornography via Facebook, records show.

Federal agents also allege that Transportation Safety Administration Officer Thomas Gordon Jr. of Philadelphia, who routinely searched airline passengers, uploaded explicit pictures of young girls to an Internet site on which he also posted a photograph of himself in his TSA uniform.

The administration of this web log highly encourages readers to click upon the hyperlinks above to read further from this story in order to gain perspective.

This arrest comes amidst calls from State and Federal legislators to reign in the activities of Transportation Security Administration personnel as such activities are coming to be increasingly viewed by many as arbitrary, capricious, and quite possibly in violation of Constitutional protections designed to protect the inalienable rights of United States Citizens. To quote directly from myfoxdfw.com: 

DALLAS – Full body pat-downs at airports are under heavy scrutiny in Austin. Representative David Simpson of Longview is sponsoring a bill that would make it illegal for Transpiration Security Administration agents to enforce full body searches without justification. The agent conducting the enhanced pat-down could face a felony charge and jail time. “We’ve got a draw a line somewhere,” Simpson said. “We’ve got young children, autistic children, seperated from their mother saying, ‘Stranger danger! Stranger danger!’ Man, oh boy. We’re teaching our children it’s indecent. It’s wrong to let these people in these areas except for a doctor.”

The administration of this blog asks readers to click upon the links above to view this story in further detail.

Texas is not the only sovereign American State to question the methodology of the Transportation Security Administration as this blog previously reported that some New Hampshire State legislators are attempting to take measures to curtail the TSA’s activities. An update on that story can be found by quoting directly from the website WHDH.com:

MANCHESTER, N.H. — A new proposal in New Hampshire would make some controversial TSA security exams a crime. The bill, which is clearly aimed at the Transportation Security Administration, would make an invasive pat down at the airport felony sexual assault unless the screener has probable cause to do the search. “We’re telling the TSA, if they violate our laws and they sexually assault our citizens, we’re going to do something about it,” said Rep. George Lambert, legislation co-sponsor.

In the recent past it appeared as though only State legislators were scrutinizing this issue intensely, but it recently came to this blogger’s attention that State legislators have been joined by a Federal legislator in calling for a rollback of what are perceived to be invasive and questionably Constitutional tactics currently employed by the Transportation Security Administration (TSA). To quote directly from Townhall.com:

In the latest battle of David vs. Goliath, Rep. Jason Chaffetz is taking on the TSA again, this time against the backdrop of a revolting video showing a TSA pat-down of a 6-year-old girl. Chaffetz has introduced a bill that would call for parental consent before minors are subjected to pat-downs at airport security. A parent would also be allowed to be present for the pat-downs. According to Utah’s Daily Herald, Chaffetz’s 15 year old daughter was forced to undergo a private pat-down without parents present. The bill, just introduced, does not specify what would happen if a parent refuses consent for a pat-down of a minor. Chaffetz has challenged the TSA several times on invasive and unproven security procedures like the full body scan machines and the detailed pat-downs, but TSA continues to be inconsistent in their policy implementations. Back in November, the agency said that there would be modified pat-downs for children under 12, since there was no intelligence — even internationally — that children that age were being used in terrorist attacks. However, the video circulating the internet shows no body areas of the 6-year-old girl were off limits in the frisking.

Those reading this blog are encouraged to click on the hyperlinks above to view this story in detail.

Readers interested in seeing the video of the groping of the 6 year old child alluded to above are encouraged to click HERE.

In light of all of the events and issues noted above this blogger would ask the reader to take the time to read the following:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

How are “random” searches reasonable? Under the specific facts seen in the video above, how is it reasonable to assume that it is okay to grope a six year old child without probable cause? Where is the rule of law? Meanwhile, are any of these searches occurring pursuant to a warrant based upon probable cause and supported by an oath or affirmation? If not, then under what authority are these searches occurring?

In response to the incident involving the child the TSA web log noted:

A video taken of one of our officers patting down a six year-old has attracted quite a bit of attention. Some folks are asking if the proper procedures were followed. Yes. TSA has reviewed the incident and the security officer in the video followed the current standard operating procedures.

This blogger cares very little for the justifications being posed by the TSA on this point as they are simply naked assertions which are not based upon anything other than the TSA’s unilateral opinion. Under the United States legal system the “current standard operating procedures” are always to be in compliance with the 4th Amendment, especially if a search concerns an American Citizen. If they are not in compliance with the 4th Amendment and the US Constitution, then such procedures are, in this blogger’s opinion: unlawful. Hopefully TSA will rectify their behavior as it seems likely that further tensions could arise as State and Federal legislatures along with local authorities take it upon themselves to protect the civil liberties of their Citizenry and constituents. It is hoped that these issues will be resolved to the benefit of all concerned, but clearly issues surrounding American Citizens’ right to freedom from unreasonable search and seizure must be dealt with in order to uphold the American Peoples’ Constitutional protections.

For related information please see: Necessary and Proper Clause.

Tags: 4th Amendment, child pornography, Facebook, New Hampshire, Pennsylvania, Philadelphia, Representative David Simpson, Representative Jason Chaffetz, Search and Seizure, Texas, Transportation Safety Administration Officer Thomas Gordon Jr., Transportation Security Administration, TSA, TSA uniform, unresonable search and seizure, US Constitution
Posted in Transportation Security Administration (TSA) | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security has issued a final rule regarding the implementation of the REAL ID Act of 2005. To quote directly from the official website of the Department of Homeland Security:

The Department of Homeland Security has issued a final rule to establish minimum standards for state-issued driver’s licenses and identification cards in accordance with the REAL ID Act of 2005.

These regulations set standards for states to meet the requirements of the REAL ID Act, including:

• information and security features that must be incorporated into each card;
• proof of identity and lawful status of an applicant;
• verification of the source documents provided by an applicant; and
• security standards for the offices that issue licenses and identification cards.

This final rule also provides a process for states to seek an additional extension of the compliance deadline to May 11, 2011, by demonstrating material compliance with the core requirements of the Act and this rule.

For those who are unfamiliar with the REAL ID Act, this piece of legislation greatly altered the dynamics of identity documentation in the United States. As usual, Wikipedia concisely describes some of the implications of the REAL ID Act in the context of State driving licenses, to quote directly from Wikipedia:

After 2011, “a Federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a state to any person unless the state is meeting the requirements” specified in the REAL ID Act. States remain free to also issue non-complying licenses and IDs, so long as these have a unique design and a clear statement that they cannot be accepted for any Federal identification purpose. The federal Transportation Security Administration is responsible for security check-in at airports, so bearers of non-compliant documents would no longer be able to travel on common carrier aircraft without additional screening unless they had an alternative government-issued photo ID.^[16]

Clearly, advocates of a limited Federal government may take some exception with some of the notions outlined above. There are some who have voiced concerns regarding the Federal government’s role in the context of the REAL ID Act as advocates in favor of civil liberties and privacy rights have mentioned some of the more eerie implications of the REAL ID Act. States Rights proponents and Constitutional scholars have also raised interesting issues in discussions regarding the REAL ID Act. Some even speculate as to the scope of an agency such as DHS when examining programs such as the implementation of the REAL ID Act in conjunction with technology such as the Iris scanners and DNA screeners previously mentioned on this blog. Notwithstanding controversy, the REAL ID Act and the Transportation Security Administration (TSA) seem to be increasingly ubiquitous issues in the dual pantheons of both the so-called “Alternative Media” as well as the “Mainstream Media“.

As the role of the DHS and the TSA becomes more defined it seems likely that new and interesting legal, social, and political issues will will arise as a result.

Tags: Civil Libertarians, Department of Homeland Security, DNA Screener, Iris Scanner, privacy rights, REAL ID Act, REAL ID Act of 2005, States' Rights, Transportation Safety Administration, Transportation Security Administration, TSA, US Constitution
Posted in Department of Homeland Security, Editorial, News, Opinion, Transportation Security Administration (TSA) | No Comments »

In other postings on this blog we have discussed the Transportation Security Administration (TSA) in the context of both American Immigration as well as national security. This author recently came across an announcement from the TSA about the methods the agency employs in seeking to prevent activity that could be harmful to the public. To quote the announcement directly:

Under the Aviation and Transportation Security Act (ATSA), the Transportation Security Administration (TSA) has “responsibility for security in all modes of transportation.”1 TSA uses an operations center incident management system called WebEOC to perform incident management, coordination, and situation awareness functions for all modes of transportation. The system will store information that it receives about the following categories of individuals: 1) individuals who violate, or are suspected of violating transportation security laws, regulations, policies or procedures; 2) individuals whose behavior or suspicious activity resulted in referrals by Ticket Document Checkers (TDC) to Behavior Detection Officer (BDO) or Law Enforcement Officer (LEO) interview (primarily at airports); or 3) individuals whose identity must be verified, or checked against federal watch lists. Individuals whose identity must be verified includes both those individuals who fail to show acceptable identification documents to compare to boarding documents and law enforcement officials seeking to fly armed. The system also collects and compiles reports from federal, state, local, tribal, or private sector security officials related to incidents that may pose a threat to transportation or national security. TSA is republishing this PIA to clarify that the TSA Operations Center will record telephonic communications. The PIA previously disclosed in section 1.4 that telephone calls were a source of information but did not explicitly state that telephone calls would be recorded. Daily reports will be provided to executives at TSA and the Department of Homeland Security (DHS) to assist in incident and operational response management.

Those interested in this issue may also be interested in the type of information that the TSA is collecting. To quote the aforementioned announcement further:

TSA will collect information about the following categories of individuals: 1) individuals who violate, or are suspected of violating transportation security regulations, policies or procedures; 2) individuals whose suspicious activity resulted in BDO or LEO interview; 3) individuals whose identity must be verified or checked against Federal watch lists. The information collected may include the full names of individuals, aliases and nicknames, date of birth, place of birth, age, sex, race, nationality, languages spoken, passport number, driver’s license number, and telephone number, home and business addresses; Social Security Numbers, height and weight, eye color, hair color, style and length, facial hair, scars, tattoos and piercings, clothing (including colors and patterns) and eyewear, description of personal carry-on and/or baggage items. The system also collects and compiles reports from Federal, state, local, tribal, or private sector security officials related to incidents that may pose a threat to transportation or national security. Additionally, the TSA Operations Center records telephonic communications between or among TSA and transportation security stakeholders or other law enforcement or security agencies regarding threats to transportation security. Callers receive notice that the call may be monitored or recorded.

Although many people hear the “your call may be monitored” message when calling a telecommunications service some do not take this message to heart. That said, those making innocuous communications are unlikely to worry about the government recording their conversations. However, there are those who feel that this is still an invasion of privacy. In the post-911 era, the precautions taken by security officials are more stringent compared to those which were enacted prior to that tragic day. This author personally feels that protection and security are important, but those in positions of responsibility should refrain from exercising their power in a rash manner. It has always been the experience of this author that all government personnel are courteous and diligent in their efforts to provide security and maintain the policies laid out by the American Congress and the Executive Branch of government.

For more information please see: US Visa Thailand.

Tags: Department of Homeland Security, Transportation Security Administration, TSA, US Immigration, US Visa Thailand
Posted in Department of Homeland Security | No Comments »

In a recent press release it was announced that the United States Department of Homeland Security (DHS) has the capability and resources to implement a program that will check 100% of the domestic airline passengers traveling in the United States  against terrorist watchlists.  To quote the press release directly:

Washington, D.C.—Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that 100 percent of passengers traveling within the United States and its territories are now being checked against terrorist watchlists through the Transportation Security Administration’s (TSA) Secure Flight program—a major step in fulfilling a key 9/11 Commission recommendation.

Before Secure Flight, airlines conducted passenger watchlist checking. “Secure Flight fulfills a key recommendation of the of the 9/11 Commission Report, enabling TSA to screen passengers directly against government watchlists using passenger name, date of birth, and gender before a boarding pass is issued,” said Secretary Napolitano. “This program is one of our many layers of security—coordinated with our partners in the airline industry and governments around the world—that we leverage to protect the traveling public against threats of terrorism.”

Under Secure Flight, TSA prescreens passenger name, date of birth and gender against government watchlists for domestic and international flights. In addition to facilitating secure travel for all passengers, the program helps prevent the misidentification of passengers who have names similar to individuals on government watchlists.
“We are quite pleased to see the positive outcome from the collaborative work that ATA, its member airlines and TSA have invested in the development of the Secure Flight program,” said Air Transport Association (ATA) President and CEO James C. May. “We are especially pleased that TSA phased program implementation to ensure that commercial airline travelers experience a seamless transition.”

99 percent of passengers will be cleared by Secure Flight to print boarding passes at home by providing their date of birth, gender and name as it appears on the government ID they plan to use when traveling when booking airline tickets. Individuals found to match watchlist parameters will be subjected to secondary screening, a law enforcement interview or prohibition from boarding an aircraft, depending on the specific case.

The Transportation Security Administration began implementing Secure Flight in late 2009 and expects all international carriers with direct flights to the U.S. to begin using Secure Flight by the end of 2010.

This author must applaud the efficiency of both the Transportation Security Administration (TSA) and the DHS in their efforts to track all domestic air travelers in the United States of America. Although this is unlikely to have a major impact upon foreign nationals traveling to the USA as first time immigrants, it should be noted that when American  security agencies focus their efforts the results can be rather astonishing. This is particularly true in the current information age as DHS and TSA have proven that they can use all of the tools at their disposal to more effectively  implement policies that conform to their mandate.  There are likely many domestic air travelers in the USA who feel reassured by the American government’s constant efforts to increase security.

For related information please see: US Immigration.

Tags: 100% domestic passengers checked against terrorist watchlists, Department of Homeland Security, DHS, domestic travel in the USA, Transportation Security Administration, TSA
Posted in Department of Homeland Security | No Comments »