Mystery Surrounds Leaked Draft DHS Document at Center of Controversial Travel Ban Decisions by Two Federal Judges

March 27, 2017


By: Michael Patrick Leahy


Both federal judges who issued separate decisions on March 15 revoking President Trump’s travel ban cited a draft Department Homeland Security document leaked to the Associated Press by an unknown person and included in a story published on February 24 as evidence central to their rulings.
The significance of the unofficial leaked draft DHS document upon which these two federal judges relied in making their controversial travel ban decisions is the false information it conveys about the level of risk posed to national security by refugees who commit terrorist acts.

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The leaked draft DHS document also makes no mention at all of the significant public health risk, particularly from tuberculosis posed by refugees, a topic on which Breitbart News has reported extensively.

Neither Judge Chuang nor Judge Watson noted that two Somali refugees, Dahir Adan in St. Cloud, Minnesota, and Abul Razak Ali Artan in Columbus, Ohio, committed acts of terror during a two month period in 2016, the first in September 2016 and the second in November 2016, that injured a total of 21 Americans.

The data included in the leaked draft document “is dramatically different than the data reported in another list of terrorists compiled by former Senator, now Attorney General, Jeff Sessions,” Breitbart News reported last month.

According to a document published by the Senate Judiciary Committee’s Subcommittee on Immigration and the National Interest, “DOJ Public/Unsealed Terrorism and Terrorism-Related Convictions 9/11/01-12/31/14,” 74 people from the seven countries identified in the temporary travel ban in Executive Order 13679–Iran (3), Iraq (19), Libya (1), Somalia (21), Syria (7), Sudan (3), and Yemen (20)–were arrested and convicted of terrorist acts between 2001 and 2014.

The Senate document identified 580 terrorists arrested and convicted, 375 of whom were foreign-born whose country of origin was also included in the report.

In other words, of the known acts of terrorism during this 13- year period, more than 19 percent (74 out of 375) were perpetrated by citizens of the seven countries subject to the temporary travel ban in Executive Order 13769. Those same seven countries accounted for less than one percent of the immigrant visas granted to residents of foreign countries during those 13 years.

A second document, titled “Individuals Implicated in Terrorism Since March 2014,” was also published by that same subcommittee.

“[Senator] Cruz and [Senator] Sessions’ office have so far identified at least 131 additional individuals [identified in that document] who have been implicated in terrorism since early 2014 — these haven’t been convicted and are newer cases. At least 54 of these individuals are foreign-born and 16 of them were initially admitted to the United States as refugees. At least another 17 are the natural-born citizen children of immigrants,” the Daily Caller reported.

Judge Chuang and Judge Watson issued temporary restraining orders halting the implementation of much of President Trump’s second travel ban, Executive Order 13780, which temporarily banned travel from six nations also temporarily banned in Executive Order 13769–Iran, Libya, Somalia, Syria, Sudan, and Yemen–but removed the seventh nation temporarily banned in the first travel ban, Executive Order 13769–Iraq.

Neither Judge Chuang nor Judge Watson mentioned these two Senate reports – “DOJ Public/Unsealed Terrorism and Terrorism-Related Convictions 9/11/01-12/31/14,” and “Individuals Implicated in Terrorism Since March 2014,” in their decisions.

Instead, they relied upon the draft DHS document leaked to the Associated Press and published in the February 24 Associated Press article.

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