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Plenary Panel Protecting the Homeland and Honoring Civil Plenary Panel Protecting the Homeland and Honoring Civil Liberties: How Can the Constitution Guide Us? Federal Bar Association 2017 Mid-Year Meeting Saturday, March 18, 2017 10:30 AM – Noon Capital Hilton Hotel, Washington, D.C. Background Materials Background Materials …………………………………………………………………….. 1 Program Overview……………….…………………………………………………………. 3 Sahar F. Aziz, Professor Law, Texas A&M University, Fort Worth, TX .. 4 Gwendolyn Keyes Fleming, Esq., Former Principal Legal Advisor (General Counsel), U.S. Department of Homeland Security, Immigration & Customs Enforcement, Washington, D.C. ……… 22 Michael M. Hethmon, Senior Counsel, Immigration Reform Law Institute, Washington, D.C. …………………………………………………………… 31 Executive Order 13780 of March 6, 2017. Protecting the Nation from Foreign Terrorist Entry Into the United States. 82 Federal Register 13209 (March 9, 2017) ………………………………………………………………… 34 Sahar F. Aziz, Rethinking Counterrorism in the Age of ISIS: Lessons from Sinai, 95 Nebraska Law Review 307 (2016) ………………………………. 45 Sahar F. Aziz, Losing the 'War of Ideas': A Critique of Countering Violent Extremism Programs (February 8, 2017). Texas International Law Journal, Forthcoming ………………………………………………………………… 105 Patrick J. Charles, The Plenary Power Doctrine and the Constitutionality of Ideological Exclusions: An Historical Perspective, 15 Texas Review of Law & Policy 61 (Fall 2010) …………………………………………………...... 129 Congressional Research Service, Executive Authority to Exclude Aliens: In Brief, January 23, 2017 ………………………………………………………………………. 171 Symposium on Confronting Realities: The Legal, Moral and Constitutional Issues Involving Diversity. Panel II: Immigration Policy: Diversity, Mass Immigration and National Security After 9/11, An Immigration Reform Movement Perspective, 66 Albany Law Review 387 (2003) …………... 186 3 FEDERAL BAR ASSOCIATION 2017 MID-YEAR MEETING CAPITAL HILTON HOTEL, WASHINGTON, D.C. SATURDAY, MARCH 18, 2017 10:30 AM - NOON Program Overview Protecting the Homeland and Honoring Civil Liberties: How Can the Constitution Guide Us? This plenary panel of legal and academic experts will explore the balance between national security and Constitutional rights amid the war against radical Islamic terrorism. The balance between protecting America’s shores and honoring its Constitution is at the center of the first major legal disputes involving the new Administration and its travel ban executive orders. Fears over religious differences have also spawned a rise in hate crimes here and abroad. In addition, government policies to counter violent extremism are raising new questions over their harmony with fundamental American values and their impact upon American security. How can the Constitution and the protection of religious freedom point the way toward religious tolerance, yet preserve national security? Is the recent Presidential executive order to control the entry of certain immigrants and refugees into the United States constitutional? In an era of self-radicalization, when ideas and conflicts can cross borders at ease, how can the homeland be protected while honoring the civil liberties of all faiths and races? Panelists: Sahar Aziz Professor of Law, Texas A&M University School of Law Gwendolyn Keyes Fleming Former Principal Legal Advisor, U.S. Immigration and Customs Enforcement Michael M. Hethmon Senior Counsel, Immigration Reform Law Institute Bruce Moyer, Moderator Counsel for Government Relations, Federal Bar Association 4 SAHAR F. AZIZ Texas A&M University School of Law (817) 212-3830 1515 Commerce Street, Fort Worth, TX 76102 [email protected] My scholarship engages in comparative and critical examinations of 1) counterterrorism law and policy in the U.S and the Middle East; 2) civil rights of Muslims, Arabs, and South Asians in the U.S; and 3) rule of law and authoritarianism in Egypt ACADEMIC APPOINTMENTS Texas A&M University School of Law Professor of Law September 2016 - present Associate Professor August 2013 – August 2016 Affiliated Faculty, Islamophobia Research and Documentation Project (IRDP), University of California - Berkeley Courses: Torts; National Security Law; Anti-Terrorism Criminal Law Enforcement; Public International Law; Constitutional Torts Litigation; Islamic and Middle East Law; Race and the Law; Religion and the Law Brookings Doha Center January 2016 – December 2016 Non-Resident Fellow Expertise: Egypt, Rule of Law, Judicial Independence, Comparative Law, and Government Accountability Texas Wesleyan School of Law August 2011 – August 2013 Associate Professor of Law Courses: Torts, National Security, Civil Rights Litigation, Race and the Law Georgetown University Law Center August 2010 – May 2011 Adjunct Associate Professor Courses: Seminar on National Security and Race in a Post-9/11 America ACADEMIC ARTICLES AND BOOK CHAPTERS Losing the “War of Ideas:” A Critique of Countering Violent Extremism Programs, TEXAS INT’L L. J. (solicited) (forthcoming 2017) Military Electoral Authoritarianism in Egypt, ELECTION LAW JOURNAL (forthcoming 2017) (solicited) (peer reviewed) Global Conflict and Populism in a Post-9/11 World, TULSA L. REV. (forthcoming 2017) Rethinking Counterterrorism in the Age of ISIS: Lessons from Sinai, 95 NEB. L. REV. 307 (2016) (lead article) Independence without Accountability: The Judicial Paradox of Egypt’s Failed Transition to Democracy, 120 PENN ST. L. REV. 1 (2016) (lead article) Theater or Transitional Justice: Reforming the Judiciary in Egypt, TRANSITIONAL JUSTICE IN THE MIDDLE EAST (ed. Chandra Sriram, Oxford University Press 2016) (solicited) Cited in 10 LAW & ETHICS HUM. RTS. 185 (2016) Egypt’s Revolution Turned Uprising, in EGYPT BEYOND TAHRIR (ed. Bessma Momain & Eid Mohamed, Indiana 5 University Press 2016) (solicited) (De)liberalization of Judicial Independence in Post-January 25th Egypt, in EGYPT AND THE CONTRADICTIONS OF LIBERALISM: ILLIBERALISM, INTELLIGENTSIA AND THE FUTURE OF EGYPTIAN DEMOCRACY (eds. Dalia Fahmy & Daanish Faruqi, Oneworld Publications 2017) (solicited) Terror(izing) the Muslim “Veil,” THE RULE OF LAW AND THE RULE OF GOD, edited by Simeon Ilesanmi (Palsgraf Press 2014) (solicited) Cited in 8 PHILILOGIA (2016) Coercive Assimilationism: The Perils of Muslim Women's Identity Performance in the Workplace, 20 MICH. J. RACE & L. 1 (2014) (lead article) Cited in 39 FORDHAM INT'L L.J. 533 (2016); INT’L J. HUMAN RES. MGMT (2016); MEDIA, CULTURE & SOCIETY (2016) Cited in BRIEF IN AMICI CURIAE IN SUPPORT OF PETITIONER, EEOC v. Abercrombie & Fitch Stores, Inc. (U.S. Supreme Court Dec. 10, 2014); Featured in ImmigrationProf Law Blog, March 6, 2014, WorkplaceProf Law Blog, March 9, 2014, and CivilRightsProf Law Blog, Jan. 5, 2015 Bringing Down an Uprising: Egypt’s Stillborn Revolution, 30 CONN. J. INT'L L. 1 (2014) (lead article) 41 N.C. J. INT’L LAW 326 (2016) The Blinding Color of Race: Elections and Democracy in a Post-Shelby Era, 17 BERKELEY J. AFR.-AM. L. & POL'Y 182 (2015) (solicited) Cited in 18 HARV. LATINO L. REV. 99 (2015); Masters Dissertation, Cardiff University, Persuasion and Trust Techniques in Campaigner’s Political Speeches: A Multimodal Political Discourse Analysis of El-Sisi’s Nomination Speech 2014 (2016). Policing Terrorists in the Community, 5 HARV. NAT'L SEC. J. 147 (2014) Cited in J. LAW & RELIGION (2017); AMERICAN U. L. REV. (2016); 47 LOY. U. CHIC. L. J. 693 (2016); 39 FORDHAM INT'L L.J. 533 (2016); 50 HARV. C.R.-C.L. L. REV. 290 (2015); 31 HARV. J.RACIAL & ETHNIC JUST. 1 (2015); 29 GEO. IMMIGR. L.J. 45 (2015); 40 LAW & SOC. INQUIRY 1001 (2015); 31 HARV. J. RACIAL & ETHNIC JUST. 1 (2015); 62 UCLA L. REV. 834 (2015), 18 CHAP. L. REV. 577 (2015); COMPARATIVE COUNTER- TERRORISM LAW (2015); Countering Violent Extremism and American Muslims, GEORGE WASHINGTON PROGRAM ON EXTREMISM (2015); COUNTERING VIOLENT EXTREMISM: DEVELOPING AN EVIDENCE-BASE FOR POLICY AND PRACTICE (2015); 62 AM. J. COMP. L. 643 (2014); 50 TULSA L. REV. 43 (2014) Cited in Doctoral Dissertation, Northcentral University, Exploring Community-Oriented Policing as an Anti- Terrorism Approach Post 9/11: A Case Study (2015); Brennan Center Letter to the Honorable Lisa O. Monaco, Assistant to the President for Homeland Security and Counterterrorism (2015). Revolution without Reform? A Critique of Egypt’s Election Laws, 15 GEO. WASH. INT’L L. REV. 101 (2012) Cited in 2 CONTEMP. REV. OF MIDDLE EAST 289 (2015); 21 U. MIAMI INT'L & COMP. L. REV. 349 (2014); 2 U. BALT. J. INT’L L. 23 (2014); ISLAM, IDEOLOGY AND TRANSITION: EGYPT AFTER MUBARAK, (eds. Lust, Soltan and Wichmann, Yale University) (2013); Shash, Farah, An assessment of the use of gender mainstreaming to promote equality in pre and post 2011 revolutionary Egypt (2012) From the Oppressed to the Terrorist: Muslim American Women in the Crosshairs of Intersectionality, 9 HASTINGS RACE & POV. L. J. 191 (2012) Cited in Supreme Court and Public Administration, GLOBAL ENCYCLOPEDIA OF PUBLIC ADMINISTRATION, PUBLIC POLICY, AND GOVERNANCE 1-6 (2016); INT’L J. HUMAN RES. MGMT (2016); BMC Public Health 6 (2016); “Rejected and Dejected”: The Impacts and Contexts of Islamophobic Violence, in RELIGION, FAITH AND CRIME (2016); 39 FORDHAM INT'L L.J. 533 (2016); 94 NEB. L. REV. 963 (2015); 30 BERKELEY J. GENDER L. & JUST. 226 (2015); MANAGING RELIGIOUS DIVERSITY IN THE WORKPLACE (2015); MEA CULPA: LESSONS ON LAW AND REGRET FROM U.S. HISTORY (2015); GENDERED ISLAMOPHOBIA: HATE CRIME AGAINST MUSLIM WOMEN (2014); 20 SOCIAL IDENTITIES: J. STUDY OF RACE, NATION, & CULTURE 1 (2014); 47 U. MICH. J.L. REFORM 87 (2013); 28 AUSTRALIAN
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