Dan Cadman's blog

Philippines' Duterte Wants More Refugees

By Dan Cadman, November 21, 2016

Rodrigo Duterte, the irascible leader of the Philippines, has slammed Western nations for their "hypocrisy" when it comes to migrants and said the Philippines will happily take them until it is "filled to the brim." It's an interesting comment, given the generosity of the West by any objective measure, especially compared with the Philippines, which is very much a sending, as opposed to a receiving, nation — but hey, let's not let the facts get in the way of his magnanimity. Read more...

Rep. Brooks Introduces TPS Reform Bill

By Dan Cadman, November 19, 2016

In a recent blog, I commented on the number of good, substantive immigration reform bills that got log-jammed in Congress the past several years without going anywhere. And expressed the hope that this would change, come the swearing-in of the new president.

These bills never got to this president's desk. And even if they had, I'm pretty sure they would have been vetoed because when I say "good, substantive" reform bills, I'm not talking about amnesty or other such things, I'm talking about bills that would restore integrity to our immigration system by obliging enforcement and compliance with the law, and that would also address many of the weak points that have been revealed in existing statute and practice over the past eight years. Read more...

You're Hired!

By Dan Cadman, November 18, 2016

One of the most carefully guarded prerogatives of every incoming presidential administration is the selection of executive branch leaders, from Cabinet-level positions through agency heads and even further below in the hierarchical rungs of the bureaucracy. These are all senior executive positions, and there are over 4,000 of them. Read more...

Appellate Court Nominations May Be More Important for Immigration than SCOTUS

By Dan Cadman, November 18, 2016

Merrick Garland's nomination to the Supreme Court by President Obama is now obviously doomed by Donald Trump's White House win, and the Republican majorities in both chambers of Congress.

I imagine that right about now, Garland probably feels a little like the character Terry Malloy, memorably played by Marlon Brando in "On the Waterfront": "I coulda had some class. I coulda been a contender. I coulda been somebody." If only Senate Majority Leader Mitch McConnell had let Garland's nomination move forward through the advice-and-consent process. But he didn't. Read more...

Sabotaging Trump's Wall and Mexican Removals: Would It Work?

By Dan Cadman, November 15, 2016

My colleague Jerry Kammer posted yesterday on the opposition of Mexican politician Jorge Castaneda to key immigration initiatives outlined by President-Elect Donald Trump — initiatives that helped him en route to the White House, including his signature "wall" to be built on the U.S.–Mexico border, as well as deportation of Mexicans residing illegally in the United States.

As Kammer notes, Read more...

Confronting the Surge with Enforcement, or Enforcement Theater?

By Dan Cadman, November 15, 2016

The federal government is reassigning approximately 150 Border Patrol agents on temporary duty to assist the Rio Grande Valley Border Patrol sector. The agents will help get a handle on the flood of aliens attempting illegal entry into the United States before the Trump administration takes office and, we have been promised, border security will be taken seriously.

The aliens' surge is no surprise. Actually it's been going on for many months, though without much press visibility, quite possibly because our friends in the mainstream media didn't want to air anything that might help tip the election toward Donald Trump. Read more...

Accepting Australia's Rejected 'Refugees'

By Dan Cadman, November 14, 2016

More than once in recent weeks I've suggested that in its waning months the Obama administration would use its lame duck status to slip through as many more "transformational" changes to immigration policy and regulation as it thinks it can get away with.

One was official adoption of a sadly weakened definition of "extreme hardship" that will render it magnitudes easier for removable aliens, including aliens convicted of significant offenses, to sidestep the actual consequence of exclusion or deportation by being granted a waiver based on a finding of extreme hardship to the aliens' family members. The Department of Homeland Security (DHS) foisted this change off on an unsuspecting public via "policy" guidance to its adjudicators — almost certainly choosing this mechanism rather than going the regulatory amendment route that would have had to meet the requirements of the Administrative Procedure Act by being announced in tentative form, published for public comment, etc., before being finalized. Read more...

They Still Just Don't Get It

By Dan Cadman, November 13, 2016

The general level of whining and cluelessness emanating from those in the Clinton Circle has been distasteful to watch. Any number of articles have been printed now discussing their angst and attempts to figure out how they "got it so wrong". (See here and here.)

This doesn't seem to me to be a higher math equation; it's more like a 2+2=4 kind of thing. That they still don't get it suggests exactly why they lost the election. Read more...

Election Hands Maricopa Sheriff's Job to Newcomer

By Dan Cadman, November 10, 2016

Most followers of immigration issues know that Arizona has been a flashpoint in the battle between open-borders advocates on one hand, and pro-enforcement types on the other.

Most people also know that Arizonans — or at least significant numbers of them — maintain conservative views. This is, after all, the home of Barry Goldwater and the longtime fiefdom of Republican Senator John McCain, who just won reelection (but who is, however inexplicably, disturbingly liberal on the singular issue of immigration, having been one of the fathers of the abysmal and failed "Gang of Eight" amnesty bill of 2013). In the presidential election on November 8, Donald Trump carried the state, although by a smaller margin than one might think given its conservative "pedigree". Read more...

Looking Ahead

By Dan Cadman, November 9, 2016

Wow. So Donald Trump performed the hat trick successfully despite prognostications from the punditry and sundry dirty tricks from the media, much of which so helpfully aided Clinton toward her ultimate defeat.

But enough of that. Time to look ahead. I'm sure folks everywhere will have advice for the incoming president and his team on all fronts, so I'm going to limit my few remarks to those central to the Center's raison d'etre: American immigration policy and operations.

Mr. Trump campaigned vigorously on a platform of reinstituting respect for the nation's sovereignty, which means above all things that the immigration laws of the United States must be uniformly and routinely enforced. Time to make good on that promise, because it isn't one readily to be forgotten. Read more...

Revisiting One-Sided Marriage Fraud

By Dan Cadman, November 7, 2016

Since my last blog posting about the disastrous consequences of one-sided marriage frauds, I have received a considerable amount of correspondence from citizen victims of such frauds. I suspect this may also be true for my colleague, David North, who also has written about the evils of marriage fraud.

The range of victims has been notable, spanning a variety of races and ethnicities, and has included at least one naturalized citizen, showing that even those who have been through the legal immigration system can be blind to the possibility of fraud when the heart overrules the head. Read more...

BBC Airs Its Media Bias on "Unaccompanied Minors"

By Dan Cadman, November 4, 2016

On Wednesday, November 2, I was watching BBC World News and a segment came on showing the last of the "unaccompanied minors" being removed from the unlawful migrant squatters camp called "the Jungle" outside of Calais, France. The migrants, from nearly every part of the globe, but especially the Middle East and Sub-Saharan Africa, have been gathering there over the course of two years after illegally entering France, all hoping to get across the English channel to the United Kingdom by means of the France-UK "Chunnel" that passes underneath. Read more...

Supreme Court Docket Holds More Immigration Cases, Including Another 'Aggravated Felony' Challenge

By Dan Cadman, November 3, 2016

The hit parade of infamy keeps on coming. If anyone doubts the importance of establishing a rational policy toward immigration to the United States, they need only take a look at the cases on the plate of the Supreme Court, both during the last session and this one.

Several times in recent months I've blogged about immigration-related cases accepted by the Court; one of those was settled with a resounding victory for common sense, and the other two are teed up and ready to be heard (see here and here). Read more...

Australia Considers Permanent Ban on Illegal Migrants

By Dan Cadman, October 31, 2016

Australia has once again caused a furor with one of its legislative proposals.

The Australian government previously has gotten a firestorm of press (and criticism from various international and migrant advocacy groups) for a pay-to-stay-away plan allegedly providing a financial incentive for maritime alien smugglers not to move their human cargo into Australian waters; for "renting" space on foreign territory on which to set up camps for migrants and asylum-seekers interdicted at sea; and for a proposal to strip citizenship from any dual nationals caught engaging in or supporting terrorism. Read more...

'Extreme Hardship' Need Not Be So Extreme Under USCIS Policy Guidance

By Dan Cadman, October 28, 2016

Law360 posted an item the other day with this teaser:

USCIS Unveils Guidance on Extreme Hardship Determinations

U.S. Citizenship and Immigration Services on Friday released policy guidance on extreme hardship determinations regarding certain relatives, making good on one of the lesser known initiatives announced under President Barack Obama's executive actions on immigration.

Extreme hardship is an important principle in immigration law, because the statute provides waivers of inadmissibility for certain aliens who can establish that their removal/denial of admission would result in such hardship to certain categories of U.S. citizen or resident alien family members.

Lessons Learned by an Insider in the 30 Years Since IRCA

By Dan Cadman, October 26, 2016

My colleague Jerry Kammer has posted a couple of read-worthy blogs on the 30th anniversary of the Immigration Reform and Control Act of 1986 (IRCA); see here and here. Read more...

More Proof of Vetting Failures in the Immigration Process

By Dan Cadman, October 25, 2016

Two more recent terrorism-related law enforcement cases have led to three more chuckleheads who pledged allegiance to ISIS being in custody for material support of terror.

One of the three, Iraqi refugee Omar Faraj Saeed Al Hardan, copped a plea to the charge in a Houston federal court. His co-conspirator and fellow Iraqi refugee, Aws Mohammed Younis Al-Jayab, is detained in Chicago awaiting trial, unless he too decides to plead out. Read more...

Not All Terrorists Are Muslim Extremists

By Dan Cadman, October 14, 2016

The media are reporting the crash of a small aircraft in East Hartford, Conn., by an alien in pilot training who died on impact. His co-pilot (and trainer) for the flight, now hospitalized with serious injuries, says the act was deliberate. The pilot, Feras Freitekh, was a Jordanian national of Palestinian descent who entered the United States on a visa permitting him to attend pilot school.

One of the reporting media outlets, the Daily Caller, points out that the crash was close to the site of a Pratt & Whitney factory that has been designated as a part of the homeland's critical infrastructure. The FBI is investigating. Read more...

The EU Creates a New Border Control Force

By Dan Cadman, October 14, 2016

The European Union (EU) announced last month that it would create a border control force consisting of both a land and sea division — in essence a border patrol and a coast guard — to be effective right about now, in mid-October (see here and here).

The announcement comes after a year and a half of endless waves of migrants working their way into Europe, primarily through the land and sea gateways of Turkey, straddling the European and Asian continents, and Libya, on the north coast of Africa. Well over 1.5 million migrants from all over the Middle East, South Asia, and both North and Sub-Saharan Africa have poured into the EU's member states. Read more...

Is Conviction for "Crimes of Violence" too Unconstitutionally Vague a Standard for Deportation?

By Dan Cadman, October 11, 2016

In an earlier blog posting, I mentioned that during its current term, the Supreme Court will be reviewing and deciding an immigration-related case having to do with birthright citizenship.

But that isn't the only immigration matter that the high court will hear this term. It will also be considering the question of whether the phrase "crime of violence", as used in its immigration enforcement context, is unconstitutionally vague. Read more...

Federal Court to Indiana: Refugee 'Consultation' Is Just for Show

By Dan Cadman, October 10, 2016

The United States Court of Appeals for the Seventh Circuit has issued a sharply worded rejection of an executive order on refugee resettlement issued by Governor Mike Pence of Indiana. Pence is the Republican vice presidential candidate and running mate of Donald Trump.

The executive order from Pence directed state agencies to refuse to cooperate with federal agencies and nongovernmental relief organizations in the resettlement of Syrian refugees within the state. The circuit court's rejection and rebuke was based on the fact that Pence's order was nationality specific and, according to the Daily Caller, came close to labeling the executive order as racist. Read more...

Buying the Right to Repatriate

By Dan Cadman, October 6, 2016

The European Union (EU) has struck a deal with Afghanistan that will permit it to forcibly remove Afghan nationals who have illegally entered EU territory, among the hundreds of thousands of land- and seaborne migrants who've headed in that direction in the past 12 to18 months, when they are denied asylum.

Up to this time, EU member states — notably Germany, whose chancellor did much to precipitate the crisis with her echo of Jimmy Carter's Mariel boatlift mistake ("We will welcome them with open hearts and open arms") — have been uniformly confronted by intransigent Afghan officials refusing to issue the documents needed to repatriate thousands of failed asylum seekers. Read more...

Birthright Citizenship Policy Creates Downstream Problems

By Dan Cadman, October 5, 2016

Imagine this:

A son is born in the United States of two aliens from the Dominican Republic ("the D.R."). The parents' immigration status doesn't matter for purposes of the scenario. The child is a U.S. citizen by virtue of birthright citizenship as now interpreted. But he is also a citizen of the D.R. because of his parents' citizenship. At a very young age, the child accompanies the parents back to the D.R., where he remains and grows into adulthood without returning to the United States. Read more...

Hungary Rejects EU Migrant Quota; Insists on Right to Self-Determination

By Dan Cadman, October 3, 2016

Another national referendum, another rejection of the Eurocrats in Brussels. This one may not have garnered as much attention from the world media as did the lead-up and results to the Brexit vote in which United Kingdom voters opted to leave the European Union (EU), but it may in the end have an impact just as far-reaching. Read more...

Gleaning Information from the Senate Refugee Hearing

By Dan Cadman, September 30, 2016

The Senate Judiciary Committee held a hearing this week entitled "Oversight of the Administration's FY 2017 Refugee Resettlement ‎Program". Three officials testified.

It can be expected that senior government officials' written testimony at such hearings will be written to put forward their agencies' and the administration's best spin on the program under the spotlight, in this case the increasingly suspect U.S. refugee program. Even so, some interesting facts can come to light, and often there is much to be gleaned from exactly how things are phrased or from what is not said. Here are a few things that caught my attention: Read more...

Immigration Restrictionists, the Importance of Words, and "Never Trumpers"

By Dan Cadman, September 27, 2016

Reihan Salam has written an interesting piece in National Review Online, "The Right Can Stop Losing on Immigration: Here's What it Will Take", that's worth a look. In it, he argues for a new strategy, one that: Read more...

Considering Those 1,982 Special Interest Aliens Who Fraudulently Naturalized

By Dan Cadman, September 26, 2016

On September 8, the Department of Homeland Security Office of Inspector General (DHS OIG) issued an audit report titled "Potentially Ineligible Individuals Have Been Granted U.S. Citizenship Because of Incomplete Fingerprint Records".

The report drew immediate attention from the media and innumerable other observers, including members of Congress, because of its primary finding: that the DHS agency responsible for administering immigration benefits, U.S. Citizenship and Immigration Services (USCIS), Read more...

Admit Women and Children as Refugees Now, Able-Bodied Men Will "Follow to Join" Later

By Dan Cadman, September 23, 2016

State Department spokesman John Kirby has gone on record admitting that ISIS terrorists have attempted to infiltrate refugee camps in Jordan and Turkey and that U.S. vetting processes are imperfect. No surprise there really, other than the belated admission of something that's patently self-evident, from an administration notoriously loath to speak straightforwardly about the threat of Islamist terrorism. Read more...

TSA Port Worker Identity Card Vetting Is as Substandard as USCIS Benefits Vetting

By Dan Cadman, September 22, 2016

The Department of Homeland Security Office of Inspector General (DHS OIG) has issued an important report: "TWIC Background Checks Are Not as Reliable as They Could Be". The acronym TWIC stands for Transportation Worker Identification Card, the laminated document provided to employees who are able to enter, with few restrictions, the secure "sterile" areas of airports, seaports, and other sensitive public transportation nodes. Read more...

Rahami May Be a Terrorist, Criminal, and Traitor, but He's Not an Enemy Combatant

By Dan Cadman, September 20, 2016

Sen. Lindsey Graham (R-S.C.) has suggested that Ahmad Khan Rahami, the naturalized citizen of Afghan origin who was just arrested for planting the pipe and pressure cooker bombs in New York and New Jersey, should not be criminally tried but instead held as an "enemy combatant". I disagree on both constitutional and practical grounds. Read more...