Dear All,
This email that I got from Ms Amwen Hughes. What should I do?
In response to your question about whether you need a waiver: According to me, the answer to this question is that you should not need a waiver, because all you did was give a total of $20 to two ABSDF members while all three of you were in exile in Japan, and I do not believe this is what Congress had in mind when they used the phrase "material support to a terrorist organization." The problem, however, is that DHS does not agree with us on this. Specifically, while we have been trying for several years to get them to adopt a more reasonable interpretation of what "material support" means (i.e. to stop applying it to insignificant contributions, and to stop applying to contributions of things that bear no relation to terrorism), it has become clear in recent months that they are not making any serious progress on this, with the result that they are looking to resolve cases like yours only through the use of their exemption authority.
And I am sorry to say that we still have not received news of an exemption for the *****. This was sent to Secretary Napolitano for her signature many many weeks ago, and we are all baffled as to why there still has not been an announcement. We have a meeting tomorrow with DHS to talk about where things stand, and if at that meeting they tell us that the exemption has been signed, I will let you know immediately.
On the assumption that the Secretary's signature may not be imminent, however--and because aside from the ABSDF there are many other groups and issues DHS and its sister agencies have failed to act on despite many promises--we have organized a briefing in Washington on this issue next Monday, December 20. A copy of the announcement is attached. There will be a number of high-profile speakers from a number of organizations (mostly conservative and religious) who had written a joint letter to President Obama last month complaining about the lack of action on this issue. We are inviting the media. In addition to the other speakers listed on the invitation, I am reaching out to asylees and refugees who would be good spokespople for this issue and would be comfortable speaking to the press, and because your case, in addition to illustrating the absurdity of this law and the way DHS is applying it, also presents the issue of family separation, I wanted to ask you if this was something you would be willing to do and something you would be comfortable with.
This could only help your case--if I thought there was any risk of a downside I obviously would not be proposing this--and might also help others. We would cover your travel costs (and make your travel arrangements if that would be helpful to you). I will also be there, and if this is something you are interested in, I would sit down with you ahead of time to go over who all these people are, what you would like to say, what questions reporters might have, etc. Most (though not necessarily all) reporters who would be covering this would want permission to use the names of people they interview, though we might have some leeway with this if you were otherwise willing to do this but had security concerns around having your full name used in public.
Let me know what you think. I'll be on the road or meeting with DHS all day tomorrow, but back in the office (at (212) 845-5244) all day Wednesday and available to talk this through--I realize some of this is probably easier to discuss in person.
Best,