Who waived US law to allow an “alien engaged in terror activity” into the US?

A clear provision of US law denies entry of officials of the Palestine Liberation Organization (PLO) to the US. Despite this clear prohibition, on October 5 and 6, 2022, Hussein Al-Sheikh, who in May 2022 was appointed to Secretary General of the Executive Committee of the PLO, not only entered the US, but also held high-level discussions with officials of the Biden administration, including, National Security Adviser Jake Sullivan, Deputy Secretary of State Wendy Sherman, and Andrew Plitt and Megan Doherty of USAID.  

Title 8, Chapter 12, Subchapter II, Part II, § 1182(a)(3)(B)(i)(I) of the U.S. Code prohibits entry to the US of aliens who have “engaged in terrorist activity.” Subsection (IX) adds that “An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity.” 

For many years, while the PLO was permitted to operate an office in Washington DC, successive US administrations predominantly waived the aforementioned prohibition. However, in 2018, the PLO offices were closed, after the State Department concluded that the “PLO had failed to use its Washington office to engage in direct and meaningful negotiations on achieving a comprehensive peace settlement and, therefore, closing the PLO’s Washington office would serve the foreign policy interests of the United States.” [Legal opinion of the US State Department, “Statutory Restrictions on the PLO’s Washington Office”, Sept. 11, 2018]  

Since that designation, the PLO has done nothing to change the situation. In fact, as Palestinian Media Watch has shown, since then, the PLO has not only continued to fail to engage in meaningful negotiations, it has also taken active steps in the opposite direction and promoted terror against Israel.  

As a result, despite campaign promises, the Biden administration has failed to reopen the PLO offices, because it is prohibited to do so under US law.  

The most important reason to continue denying PLO officials entry into the US is that the PLO factions are still actively engaged in terror. 

The PLO is dominated by the Fatah faction, headed by Palestinian leader Mahmoud Abbas. Al-Sheikh is not only the Secretary General of the PLO (the most senior position after Abbas in this organization), but he is also a senior member of Fatah. Fatah’s "military wing", the Al-Aqsa Martyrs’ Brigades, is a US-designated terror organization. While Fatah never abandoned the principle of the use of violence and terror to achieve its goals, the last year has seen a clear rise in Fatah terror. 

The following are just some of the PMW reports that documented Fatah’s incitement, promotion and participation in terror, from the beginning of 2022 alone: 

• PA Security Forces/Fatah terrorist becomes Fatah’s new poster boy to incite more attacks 

• Fatah no longer hiding its terror role - boasts about its attacks 

• Fatah announces return to terror 

• Fatah proudly admits: Officer in PA Security Forces founded Al-Aqsa Martyrs’ Brigades terror cell 

• Fatah praises shooting of pregnant woman and 7 others: “Praise to the one whose rifle only speaks against his enemy!” 

• From incitement to terror and attempted murder: The PA-Fatah attack on Jewish worshippers at Joseph’s Tomb 

• Terrorist murderers from Munich Olympic massacre are “heroes,” says Fatah official 

• Terror loving PA/Fatah use all means of communication to promote terror and end of Israel 

• Cops by day, terrorists by night - the PA Security Forces’ double role 

• Fatah applauds Arab hitting religious Jew: “May your hands be blessed, hero 

• Fatah official calls for terror: “Allah willing there will be a Shireen Intifada, a Jenin Intifada, a Jerusalem Intifada… this intifada will be the Liberation Intifada” 

• Fatah openly supports “the pure and heroic” Tel Aviv / Bnei Brak terrorists who murdered 8 

• We love Martyrdom-death as we love life” – Fatah official 

• Fatah spokesman: Last week’s murder of three civilians is “heroic action” 

• Senior PA official Rajoub praises terrorists and murderers: “We all need to bow our heads before their greatness” 

• Fatah leader: PA wanted and called for murderous Tel Aviv terror attack 

• The PA/Fatah initiated and fueled terror wave 

• “Our war is with the Jews,” says Fatah official 

• Abbas’ Fatah praises yesterday's terror attack: “We bow before you in honor and admiration” 

• On Women’s Day Fatah presented its heroic women - a child murderer, a plane hijacker, and other terrorists 

• Fatah uses Facebook to celebrate murder of 3 Israeli civilians in 1988: “The self-sacrificing fighters succeeded in killing” 

• Fatah’s devotion to its “hero,” “pure blood” suicide bomber from the Al-Aqsa Martyrs’ Brigades 

• PA/Fatah: Terror is the "path to victory," Dead terrorists “are our heroes… who illuminate the path for our people… We all need to be like [them],” 

• Abbas openly calls on Palestinians to murder Israelis 

• Abbas’ Fatah vows revenge for death of 3 Fatah terrorists 

• “Prepare the rifles… We’ll declare war… This is a threat” - Fatah threatens terror if terrorist prisoner dies of cancer 

• Abbas and Fatah declare support and esteem for terrorists, imply continued terror salaries 

• Fatah on its anniversary: Murderers are role models; terror will enable “Palestine” to replace Israel 

Other actions taken by the PLO and its members have included the glorification of terrorist murderers and attacks; repeated threats to revoke the already empty PLO recognition of Israel’s right to exist combined with the clarification that the PLO still adheres to its “Program of Stages” to destroy Israel; the PLO renouncing all agreements with Israel; and, the PLO’s continued involvement in the Palestinian Authority’s terror rewarding “Pay-for-Slay” policy. 

According to Al-Sheikh, during their meetings, the representatives of USAID “announced the increase in the volume of their support for the Palestinian people.” [Twitter account of Al-Sheikh, Oct. 5, 2022]. As PMW has already noted, while the aid provided to the Palestinians through USAID does not strictly breach the provisions of the Taylor Force Act, it certainly does betray the memory of Taylor Force.  

Given the overwhelming evidence proving the continued participation of the PLO and its factions in terror activities, the question begs: Who waived the US law in order to allow Al-Sheikh into the US and what was the justification for doing so?