Why is the DHS Protecting the Privacy of Terrorists?

By 

Jordan Sekulow

|
July 14, 2022

4 min read

National Security

A

A

Why is the Department of Homeland Security (DHS) worried about protecting the privacy rights of foreign terrorists captured inside the United States?

I’ll be the first to admit, if I didn’t have a copy of the letter from the Members of Congress to DHS Secretary Alejandro Mayorkas confirming it, I probably wouldn’t believe any of this was real myself.

Members of the House Homeland Security Committee just sent a letter to DHS Secretary Mayorkas regarding a shocking new DHS policy. When the committee attempted to receive briefings on recent alleged terror plots, they were informed of this "new policy requiring Members of Congress to obtain signed privacy release waivers from criminal non-U.S. citizens, including those illegally in the United States, and submit that waiver to the Department before the Department will provide the Committee with general information about the threats posed by such individuals."

This is completely upside down. Members of Congress are supposed to go to whatever prison these terrorists are being held in and politely ask them to sign a waiver so that Congress can investigate the danger posed by terrorists and illegal migrants. It’s not only completely absurd, it’s unworkable. And the Biden DHS has to know that. The Biden Administration is placing the privacy of terrorists who have entered our country illegally, who are criminals, above your own national security.

And just for the record, this includes protecting terrorists who we now know planned an assassination attempt on former U.S. President George W. Bush and thwarted a mass shooting that was being plotted for this past July 4th by two illegal immigrants – that sounds like foreign terrorism. It should be so simple: if you come to this country illegally and attempt to murder innocent Americans, let alone a U.S. President, and you get caught, no one should need your permission to investigate.

But as ACLJ Director of Government Affairs Thann Bennett explained, logic isn’t always present in the current Administration’s decisions:

We’re used to crazy things coming out of D.C., but this one really does take the cake. You mentioned these privacy release waivers. I can tell you from my time on Capitol Hill, these are release waivers that are used by Members of Congress when one of their citizens, one of their constituents, contacts them and asks for help with an agency. You get that information so that that Member can act on behalf of the citizen. We’re talking about non-citizens here, number one, so the release waiver shouldn’t apply. Number two you’re talking about terror threats. And number three, this might be the most significant one, this is the homeland security committee with an obligation to make sure that our country is prepared to safeguard against these threats.

Look, we know from our work at the ACLJ that the Department of Homeland Security has actually been hiding information about people on the terror watchlist that come over the border and are detained. If the Executive Branch is going to hide information about terror threats that are inside our country, and then they’re going to turn to the Members of Congress who have a duty on the Legislative Branch side to safeguard against these terrorists and block them from receiving that information, who in our government is going to stop these threats from existing? I’m not sure who’s left.

It’s hard to imagine DHS actually blocking a Congressional committee from doing its job. Why is President Biden protecting foreign terrorists that crossed our border illegally with intent to do harm to American citizens? It’s actually offensive and the ACLJ legal team will be prepared to take action if necessary to find out why.

Today’s full Sekulow broadcast includes even more in-depth analysis of this absurd DHS policy and why the Biden Administration is choosing to prioritize the privacy of terrorists over your needs, as well as discussing President Biden’s controversial visit to Israel.

Watch the full broadcast below: