, , , , , , , , , , , , , , , , , , , , , ,

Why is the Trump administration so concerned that non-US citizens and individuals who are dual citizens (US and another country or countries) be allowed to work on matters related to the International Traffic in Arms Regulation (ITAR)? The case, explained further below, is regarding “data access restrictions contained in the International Traffic in Arms Regulation (“ITAR”)“. The Trump admin is so concerned that they are using US tax money to sue over it, and pretending it’s about “civil rights” of non-citizens and dual citizens.

No one in their right mind can be blinkered enough by now to think that Trump cares about the law, unless it benefits him, his family, or his pals in some way. Protecting employment for foreigners and dual citizens, who could work abroad, certainly isn’t helping to put those American workers first, who have no other country. There are still many Americans who only have US citizenship and no right to work abroad. Why is the US government allowing those with other options to poach American jobs anyway? Why is it always Americans last?

So, why is the Trump administration concerned that foreigners and those dual nationals, who could have dual or divided loyalties, have potential access to sensitive information? So concerned that they are using US tax payer money to sue on behalf of non-citizens and dual citizens? And, let’s face it, those with dual citizenship could have dual loyalties. This is exactly why some countries do not allow dual citizenship. The United States has not always allowed dual citizenship.

Let’s stop playing games on this topic and tell the truth for a change. Dual and foreign citizenship is an escape hatch.

From the Trump DOJ:
Thursday, May 9, 2019
Justice Department Files Lawsuit Alleging Transperfect Staffing Solutions Discriminated Against Dual U.S. Citizens and Work-Authorized Non-U.S. Citizens
The Department of Justice announced today that it filed a lawsuit against Chancery Staffing Solutions LLC (Chancery Staffing), a temporary staffing agency headquartered in New York. Chancery Staffing is the successor to TransPerfect Staffing Solutions LLC (TransPerfect Staffing) and continues to do business as both TransPerfect Staffing Solutions and TransPerfect Legal Solutions. The lawsuit alleges that TransPerfect Staffing discriminated against non-U.S. citizens and dual U.S. citizens in violation of the Immigration and Nationality Act (INA), and that Chancery Staffing is liable for the discrimination as its successor…
“. https://archive.li/lKYFA

Excerpted from Clifford Chance settlement related to this case, last August:
WHEREAS, Respondent notified IER that Respondent put in place the citizenship–related restriction on a single limited-duration document review project (“Project”) based on Respondent’s efforts to comply on that Project, in good faith, with the data access restrictions contained in the International Traffic in Arms Regulation (“ITAR”), which restricts the disclosure of ITAR-controlled material to anyone who is not a “U.S. person,” as defined in that statute;

WHEREAS, the term “U.S. person” in ITAR means a person who is a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. § 1324b(a)(3), which includes inter alia citizens or nationals of the United States, refugees and asyleeshttps://www.justice. gov/opa/press-release/file/1090596/download

Additional info: http://web.archive.org/web/20180830044314/https://www.reuters.com/article/employment-cliffordchance/clifford-chance-settles-immigration-related-us-discrimination-probe-idUSL2N1VK1UD

We know that Trump doesn’t give a rats ass about the law, unless it benefits him, his family, or his pals in some way. This alleged violation occurred in 2017. So, it could be a tit for tat vengeance against the owner since Dershowitz seems close to Trump. However, since they went after Clifford Chance first, it isn’t so clear. But, it seems more likely that Trump wants to make sure that dual citizens or non-US citizens have access to ITAR info, for whatever reason. Regarding Dershowitz: “For the appeal, Professor Alan Dershowitz argued for Shirley Shawe, a 1% owner in the company.[37] Dershowitz argued that Chancellor Bouchard’s decision was tantamount to an illegal constitutional taking.[37] Delaware Chief justice Leo Strine argued back to Dershowitz that he had no right to bring that up since it was not in the initial case, and the two argued over the law.[38]The appeal affirmed Bouchard’s decision.[39] Shawe and Dershowitz then suggested that they will petition the U.S. Supreme Court for certiorari.[40]https://en.wikipedia.org/wiki/TransPerfect

Below from the Trump administration in July 2018. And, of course, Trump would surely love to give exemptions, so probably “no problem” for whatever foreigners he wants to have access to the materials. What foreigners or dual citizens does he, or other members of the admin, want to get access to these or other documents? “If my company engages in activity regulated by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR), does the ITAR or the EAR require me to hire only U.S. citizens? No. Nothing under the ITAR or the EAR requires or allows an employer to limit jobs to U.S. citizens. However, the ITAR or the EAR may require your company to obtain authorization if certain employees require access to technology that is regulated under the ITAR or the EAR, and such requirements may affect these employees’ scope of employment. In particular, a company may need to obtain authorization to release covered technology to employees who are not U.S. citizens, U.S. nationals, lawful permanent residents, asylees, or refugees. Contact the Department of State’s Directorate of Defense Trade Controls for more information on requirements under the ITAR and the Department of Commerce’s Bureau of Industry and Security for more information on deemed export requirements under the EAR“. https://www.justice. gov/crt/page/file/1080256/download
Pdf links intentionally broken and may be repaired by the reader to see originals.