Dan Cadman's blog

Some Welcome Information on the "Travel Ban" and Sanctuary Lawsuits

By Dan Cadman, June 21, 2017

Most readers know that the "travel ban" and sanctuary lawsuits were filed by various entities, including a few states, against executive orders (EOs) issued by President Trump to pause entry into the United States from nationals of certain countries; and to cease providing federal grants to "sanctuaries that refuse to cooperate with federal immigration enforcement efforts. Read more...

Even Pakistan Agrees: Good Fences Make Good Neighbors

By Dan Cadman, June 21, 2017

The saying "Good fences make good neighbors" has been around in one form or another for a very long time.

Of course, a lot of American progressives and liberals disagree with that notion, at least where erection of a wall, fence, or other barrier across our southern border is concerned — even though a significant number of these critics, at least when they are also a part of the privileged elite, live in manses behind high, fortified walls to keep out the riff-raff.

Apparently Pakistan disagrees with that kind of borderless worldview. Read more...

Deflating the Immigration Court Backlog Balloon

By Dan Cadman, June 20, 2017

My colleague Andrew Arthur has written a series of blog posts on a recent Government Accountability Office (GAO) report discussing the sobering state of affairs at the Department of Justice Executive Office for Immigration Review (DOJ EOIR), which is responsible for administering the immigration courts and their appellate tribunal, the Board of Immigration Appeals (BIA). (See here, here, and here.) Read more...

The Verify First Act: A Common-Sense Measure to Protect Tax Dollars

By Dan Cadman, June 16, 2017

The House of Representatives passed this week H.R. 2581, the "Verify First Act", sponsored by Rep. Lou Barletta (R-Pa.). The bill would require government agencies, including the Social Security Administration and the Department of Homeland Security, to verify the citizenship or lawful alien status of individual claimants before the Internal Revenue Service (IRS) would be permitted to issue advance payment for credits allowed under the provisions of the Patient Protection and Affordable Care Act (Obamacare).

The bill represents common sense: Why pay out credits to fraudulent claimants and illegal aliens without checking first? Sadly, common sense is often in short supply in our capital city, as well as underneath the rotunda of the Capitol itself. Read more...

A Good News Detention Story that Gets Almost No Attention

By Dan Cadman, June 16, 2017

On June 2, the Department of Homeland Security Office of Inspector General (DHS OIG) issued a report, "Results of Office of Inspector General FY 2016 Spot Inspections of U.S. Immigration and Customs Enforcement [ICE] Family Detention Facilities", the results of which have warmed the hearts of ICE officials. Here they are in a nutshell:

During our July 2016 unannounced spot inspections of ICE's three family detention facilities, we observed conditions that generally met ICE's 2007 Family Residential Standards. The facilities were clean, well organized, and efficiently run. Based on our observations, interviews, and document reviews, we concluded that, at all three facilities, ICE was satisfactorily addressing the inherent challenges of providing medical care and language services and ensuring the safety of families in detention. (Emphasis added.)

EU Begins Legal Action to Force Migrants on Resistant Member States

By Dan Cadman, June 15, 2017

In the time since German Chancellor Angela Merkel unilaterally opened the floodgates of Europe in 2015 by declaring that she would not put a limit on the number of migrants attempting to enter Germany — and therefore, given the European Union (EU) policy of border-free travel in what is known as the Schengen Area, ensuring that virtually all of Europe would be affected — somewhere between two and three million aliens have arrived in the EU illegally. They consist of a diaspora from all over the Middle East, Central Asia, and Sub-Saharan Africa. Read more...

On Judicial Impartiality (or Lack Thereof) in Immigration Cases

By Dan Cadman, June 8, 2017

What do you do when so much bias is exhibited in a case that one of the parties becomes convinced it's unlikely to be treated impartially? If it's at the federal district court level, then a request for change of venue could be filed if the problem appears to be finding an unbiased jury. If the problem appears to be bias exhibited by the presiding judge, the party can ask the judge to recuse him- or herself, and if he or she refuses, then perhaps file a motion or interlocutory appeal requesting that someone above the judge take a look at the prejudicial statements or conduct to determine if the judge should be removed and substituted.

But what do you do when the bias is pervasive, and it is at the appellate level? Where do you go to seek someone more impartial to hear the case on appellate review? Read more...

The U.K. Elections and Foreign Terrorist Threats

By Dan Cadman, June 7, 2017

As I write this, the last day of campaigning is partway over before Britons go to the polls to vote in the snap election called by Prime Minister Theresa May. May's primary opponent in these snap elections is Jeremy Corbyn of the liberal-progressive Labour party, a leftist against whose die-hard views Bernie Sanders dims to a very pale shade of pink.

Before the most recent spate of terror attacks in Manchester and London, the focus was primarily on how the United Kingdom (UK) would approach the Brexit talks — a matter of great significance given the threats from European Union (EU) leaders in an attempt to soften official British positions on such key matters as residual rights of migration into Britain (or not) once it separates from the EU. Read more...

On Trump, Tweets, and Ground Truths

By Dan Cadman, June 5, 2017

The Washington Times is one of several outlets reporting on some of the most recent tweets from President Trump. Some recent messages he sent out on Twitter, in which he condemned the dangers of political correctness when they lead to compromises of public safety, may have been prompted by his observation of the multiple terror attacks in Britain in the last several weeks. Read more...

Feds Continue Funding Sanctuaries to the Tune of Tens of Millions of Dollars

By Dan Cadman, June 5, 2017

Don Rosenberg is the father of a young man who was killed by an illegal alien initially held on criminal charges by police, who chose to release the alien to the streets rather than into the hands of immigration agents who wanted to initiate proceedings to deport him. It was this failure that led to the son's death. It happened in San Francisco, that model of progressive thinking, which has more than once done this with similarly disastrous results to its innocent citizenry.

Rosenberg is among a distressingly large and diverse group of families who have faced similar tragedies. He is now the face of a public service announcement slamming sanctuary jurisdictions, and asking President Trump to make good on his campaign promise to halt federal funding for these jurisdictions. Read more...

Conflating the First Amendment with Immunity from Arrest and Removal

By Dan Cadman, June 1, 2017

A melee broke out on the floor of the Texas Legislature the other day (see here and here). The precipitating event was the presence of demonstrators in the gallery of the chamber, a number of them wearing T-shirts and placards proclaiming "I'm illegal and I'm here to stay" and the like. Some allege that they became vocal, disrupting the proceedings. They were there to protest the Republican-dominated legislature's recent passage, and the governor's signature into law, of an anti-sanctuary statute prohibiting officials from refusing to cooperate with federal immigration enforcement efforts. Read more...

"Investor" Visas Are a Joke – And a Bad One at That

By Dan Cadman, May 30, 2017

An old joke comes to mind whenever I see anything about immigration programs with names like "investor" or "entrepreneurial" visas. The story, variously attributed to Groucho Marx, Mark Twain, W.C. Fields, and others, goes something like this:

Two people are sitting at an upscale bar having drinks. One individual says to the other, "Would you sleep with me for a million dollars?" The second individual, taken aback, looks carefully into the other's eyes and sees nothing there but seriousness. After a few moments pause, the second individual says, "Yes, in truth, I think I would."

The first individual then follows up with, "Would you sleep with me for ten bucks?" The second individual, visibly outraged, says, "No! What kind of person do you think I am?"

The first says, "We've already established that, now all we're doing is haggling over the price."

Why Haven't Erdogan's Thugs Been Charged with Crimes?

By Dan Cadman, May 30, 2017

Shortly before President Trump's recent overseas travels to the Middle East and Europe, he was visited by Turkish President Recep Tayyip Erdogan, who is known to be both Islamist and authoritarian in outlook.

During his visit earlier this month, when Erdogan went to the Turkish embassy in Washington, D.C., a brawl occurred between protesters (many of them Kurds, our allies in the war against Islamic State, but in general opponents of his regime) on one hand, and his supporters on the other. (A video of the brawl can be seen here.) Read more...

Manchester Leaks: Bad? Yes. Treason? No.

By Dan Cadman, May 30, 2017

As most readers will be aware, following the Manchester, England, terrorist attack by a suicide bomber, British authorities accused U.S. personnel of inappropriately and prematurely sharing details of the investigation, including the bomber's identity as well as forensic evidence. Those details ended up in the New York Times and, quickly thereafter, other American media outlets, to the dismay of the constabulary, which is in the midst of an ever-widening investigation into the bombing.

The Brits were furious, leading to the home secretary (their rough equivalent of the U.S. Department of Homeland Security (DHS) secretary) to condemn the leak, and the prime minister to declare that the leak was so offensive and injurious to cooperation that they would suspend sharing of law enforcement information as a result. Read more...

No, Whistlebolower Revelation of MS-13 'Children' Does Not Harm Investigation

By Dan Cadman, May 26, 2017

On May 24, the Washington Times carried this item: "Obama admin knew gang members were part of illegal immigrant surge: Whistleblower".

My colleague Jessica Vaughan has already posted on the matter, but bear with me for a few moments here. Read more...

Pew Research Shows How OPT Undercuts American Workers

By Dan Cadman, May 25, 2017

In March the White House issued a press release, "President Trump Delivers on Jobs for the American People", that cited his progress in making good on his campaign promise to bring jobs to American workers. The release observes, "As a candidate, Mr. Trump promised 'I am going to bring back the jobs that have been stripped away from you and your country.'"

There does seem to be some progress, but what if his administration could free up thousands of jobs practically with the stroke of a pen (no need for a phone, folks), simply by undoing another one of the abysmal programs twisted out of recognition by his predecessors? He can. Read more...

DHS Issues a Disturbing Report on Nonimmigrants Who Overstay Their Visas

By Dan Cadman, May 24, 2017

After a great deal of hemming, hawing, and revisions, the Department of Homeland Security (DHS) has finally issued its second report (for Fiscal Year 2016) on aliens who overstay their period of authorized admission — whether they entered with visas or through the Visa Waiver Program. Read more...

Reflections on Analyzing Donald Trump's Words and the So-Called "Travel Ban"

By Dan Cadman, May 24, 2017

Not so long ago, my colleague, Andrew Arthur, wrote an excellent blog, "Loaded Questions and False Assumptions", about the federal Ninth Circuit Court of Appeals' treatment of the president's executive order directing a visa time-out for certain countries deemed a high terrorism risk, which was frequently and erroneously referred to as a "Muslim travel ban". Read more...

DHS Secretary Kelly Extends Haitian TPS for Six Months

By Dan Cadman, May 23, 2017

Department of Homeland Security (DHS) Secretary John Kelly has announced, after a period of deliberation, that he has decided to issue a six-month extension of Temporary Protected Status (TPS) to Haitian nationals in the United States.

The decision was made after a period of very public entreaties by any number of nongovernmental agencies, affected Haitians themselves, and the Haitian government. Read more...

"Punishing" Apprehended Illegal Aliens with Alternatives to Detention?

By Dan Cadman, May 22, 2017

Conservative Review has published an article, "Weak border bill threatens to undermine GOP's wall promises". The bill in question is being put together for introduction in both chambers of Congress by Sen. John Cornyn and Rep. Mike McCaul respectively. As one can gather from the title of CR's article, it is not necessarily a bill those who believe in responsible immigration control and enforcement can look toward with any pleasure. Read more...

Draining the Swamp, or Wading in Ever Deeper?

By Dan Cadman, May 18, 2017

Even as border crossings have plummeted and interior arrests have soared since inauguration of the president — due, no doubt, both to his tough campaign talk and his unshackling of federal immigration agents through executive orders — there are warning signs that we may be sliding back toward the Washington business-as-usual mentality of unacknowledged virtually open borders where legal immigration is concerned. Read more...

Return of the ENLIST Act: A Trojan Horse for Amnesty

By Dan Cadman, May 18, 2017

On January 3, 2017, various members of the House of Representatives cosponsored HR 60, the "Encourage New Legalized Immigrants to Start Training (ENLIST) Act".

The reference to "new legalized immigrants" in the title is a red herring. In fact, the bill would allow illegal aliens to enlist in the military, at which point they would be entitled to amnesty through legalization of status, as is evident by the plain language in Section 2 of the bill.

There are a couple of intertwined rumors going around our capital city relating to this bill: First, that the Trump White House may be considering it favorably; and second, that its authors may attempt to insert it into the sprawling Pentagon appropriations bill, the annual National Defense Authorization Act (NDAA), even though it is nominally against congressional rules to use appropriations bills to pass substantive legislative proposals — something that regularly gets overlooked as a matter of convenience when legislators so choose. Read more...

Reflecting on Alien Prisoner Drug Offender Sentence Reductions

By Dan Cadman, May 12, 2017

Several times previously I've spoken about "criminal justice reform" as it relates to alien felons and drug offenders, and in less-than-glowing terms (see here, here, and here) because it seemed then, and seems to me now, that where alien criminals are concerned, the "reforms" are just one more way our government proves it isn't serious about border control — because many of the aliens benefiting from such reforms, whether via legislation or amendment of sentencing guidelines to provide for retroactive downward departures, are cross-border violators and drug traffickers who got caught moving their packages of death into our country. Read more...

Can A New Border Security and Immigration Enforcement Bill Pass into Law?

By Dan Cadman, May 11, 2017

Several Republican members of Congress are reported to be working with the Trump White House to craft a border security and interior immigration enforcement bill.

According to the story:

The legislation is still in flux, though copies of an early draft have floated around Washington. The focus will be strengthening defenses at the border and enforcement of immigration laws in the interior of the US, and will likely include a mix of upping resources and staffing at the border as well as tweaking some immigration law and authorities to clear the way for more aggressive immigration enforcement, according to sources familiar with the direction.

DHS Officials Testify on "Preventing Terrorists from Acquiring U.S. Visas"

By Dan Cadman, May 10, 2017

Three senior officials within the Department of Homeland Security (DHS) recently presented unified testimony for a House of Representatives hearing titled "Preventing Terrorists from Acquiring U.S. Visas". Read more...

Texas's New Anti-Sanctuary Law Draws Predictable Reactions from Open-Borders Advocates

By Dan Cadman, May 10, 2017

On May 7, Texas Governor Greg Abbott signed into law SB (Senate Bill) 4, a statute forbidding agencies of the state or its political subdivisions from acting as illegal alien sanctuaries. The statute, which comes into effect on September 1, goes so far as to criminalize behavior by officials such as police chiefs and sheriffs who refuse to fully cooperate with federal immigration enforcement efforts by providing information and honoring detainers filed against aliens arrested for criminal offenses. It also establishes civil fines of up to $25,000 daily for towns, cities, and counties that violate the anti-sanctuary law. Read more...

State-Based Visas: Unwise, Unworkable, and Constitutionally Dubious

By Dan Cadman, May 9, 2017

The libertarian Cato Institute recently hosted an event titled "State Based Visas: A Federalism Approach to the Immigration Impasse", featuring two members of Congress, Sen. Ron Johnson (R-Wisc.) and Rep. Ken Buck (R-Colo.). The lead-in on the webpage has this to say:

The idea of regional or state-based visas is not a new one. Indeed, Canada and Australia have each implemented successful variations that provide some valuable lessons and hint at the major economic benefits possible for us in the United States. Adoption of a state-based visa program in America would permit our 50 state governments to craft rules for work visa programs that are more adaptable to local economic conditions than the present one-size-fits-all system run from Washington, D.C. While state governors and state and federal lawmakers are warming to the idea, all that stands in the way here is congressional approval.

Sounds grand, doesn't it? What you won't find among the paeans to this "federalist" concept are some of the many issues and problems lurking in the bushes surrounding it. Read more...

The Silence of the Shams

By Dan Cadman, May 1, 2017

The Center for Immigration Studies (CIS) recently published an assessment of the president's first 100 days in office, as have many other organizations, pundits, and media outlets.

One of the things that several of those other assessments have in common is to fault the president for a relatively sparse record on legislation passed. Although it's true that there hasn't been much — which is deeply distressing in the arena of immigration matters given the great abundance of excellent past bills that have been bottled up in Congress waiting, waiting, waiting to be acted on — I find it somewhat amusing that the president is taking the hit for the dearth of legislation. Read more...

Perverting the Course of Justice in Brooklyn

By Dan Cadman, April 27, 2017

Anyone who watches British police procedurals on television is probably aware of the phrase "perverting the course of justice". It is a charge levied against individuals, often police or others in officialdom, who rig the system to arrive at a result contrary to what any reasonable person would expect from the criminal justice system.

I thought of that phrase recently, when I blogged about an American prosecutor and judge who did figurative backflips so a serially wife-abusing alien defendant could plea to a charge that would not result in his being subjected to deportation proceedings.

As repugnant as that situation was, it involved only a single case. Read more...

CORRECTION

By Dan Cadman, April 24, 2017

[The blog post below is incorrect - the AP report did, in fact, include the reference to 41 alien voters, though many sites that posted the story used only the beginning part, before that information was reported. Our apologies to AP reporter Jonathan Drew.] Read more...