Dan Cadman's blog

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...

Are International Moral Obligations a One-Way Street?

By Dan Cadman, September 20, 2016

Earlier this month, two Fresno County, Calif., correctional officers were shot by Laotian immigrant Thong Van, a multiple felon under an outstanding order of deportation — which could not be carried out by federal immigration authorities because the Laotian government refused to cooperate in providing the travel documents needed for his removal back to Laos.

As a consequence, he was released from immigration detention because the Supreme Court has previously established guidelines for the maximum amount of time an individual can be held while attempting to execute orders of removal. Read more...

Another Needless Killing by a Drunk-Driving Illegal Alien

By Dan Cadman, September 19, 2016

The Daily Caller is reporting the killing of a Johnson County, Kan., law enforcement officer, Master Deputy Brandon Collins, at the hands of an illegal alien, one Adrian Espinosa-Flores, who was driving drunk at the time he plowed his vehicle into Deputy Collins and then ran away.

It was a needless death because, according to the Daily Caller, Espinosa-Flores was on the streets despite having been arrested twice previously — a pertinent fact that somehow just doesn't show up in the Kansas City Star newspaper article about him being charged with manslaughter in the case. Sloppy reporting or political correctness? Read more...

Immigration and the Art of "Trumpology"

By Dan Cadman, September 17, 2016

I've been watching with a certain amused fascination as various organizations and news media engage in what my colleague David North has wittily called "Trumpology" on the subject of immigration, to try to determine where he really stands on the issue.

For instance, The Hill published a piece titled "Five Burning Questions about Trump's immigration plan" and Law360 put out an article titled "Parsing Donald Trump's Positions on Immigration" (the full item is behind a paywall). Read more...

GAO Incidentally Reveals Existence of an Important FOIA Lawsuit

By Dan Cadman, September 14, 2016

Remember the public outrage when it was revealed that San Bernardino attacker Tashfeen Malik had posted radical views, including support of the Islamic State terrorist group, on social media? Officers at multiple agencies of the federal government – including the State Department Bureau of Consular Affairs and two Department of Homeland Security (DHS) agencies, U.S. Citizenship and Immigration Services, and Immigration and Customs Enforcement – didn't discover the postings, presumably because of foolish and unnecessary restrictions prohibiting invasion of aliens' bogus "privacy" rights. Read more...

Trump's Emphasis on Visa Violators Won't Give Mexicans a Pass

By Dan Cadman, September 13, 2016

My colleague David North has written about Donald Trump's recent statement linking the importance of enforcing immigration laws against both illegal border crossers ("entrants without inspection" or EWIs) and visa abusers.

Because the emphasis on visa violators (often just called "overstays," though there are other ways to violate visa rules than just overstaying) is new, North poses this question in the context of presidential election strategy: Read more...

Responding to Accusations of Dishonesty from a Careless Reader

By Dan Cadman, September 13, 2016

In March 2014 I wrote a Backgrounder for the Center titled "Asylum in the United States" that described how the checks and balances in the asylum system have been dismantled. An irate reader has just responded to that Backgrounder with an email, as follows: Read more...

A Closer Look at Trump's Promise to Triple the ICE Officer Corps

By Dan Cadman, September 7, 2016

In his recent policy speech on immigration, both legal and illegal, Donald Trump said with regard to the latter that, if he were elected president, "We're going to triple the number of ICE deportation officers." The "ICE" to which he was referring is, of course, Immigration and Customs Enforcement, the agency within the Department of Homeland Security (DHS) that is responsible for interior immigration enforcement.

Trump's commitment stems from a recognition that, while border enforcement is hobbling along on one leg with one hand tied behind its back, interior immigration enforcement has been completely dismembered, notwithstanding which, like the Black Knight in the Monte Python movie, it refuses to give up. Read more...

Mexico Encourages the Illegal Immigration of Africans to the U.S.

By Dan Cadman, September 6, 2016

Fox News reports that 425 Africans who penetrated Mexico's southern border illegally and entered the state of Chiapas were initially taken into custody by the National Migration Institute (INM, by its Spanish acronym) after they surrendered themselves.

According to the report, they were unwilling to state their respective nationalities to the Mexican authorities, notwithstanding which they were then released and given transit visas to cross Mexico in order to reach the United States' southern border, there presumably to either cross illegally or present themselves to a port of entry to seek asylum. Read more...

Using Disaster to 'Transform' Just a Little Bit More of America

By Dan Cadman, August 31, 2016

After the devastating floods in Louisiana (including large areas around the state capital of Baton Rouge), the Obama administration offended Louisianans, rich and poor, of all races, when its favorite political arm, the Department of Justice (DOJ), sent out a message warning them not to exercise racial bias in their clean-up efforts.

The flooding claimed several lives and videos surfaced in the media showing Louisianans helping Louisianans — clearly no bias on display, just courageous neighbors helping one another out of desperate situations. Read more...

Coming Your Way: Less Illegal Immigrant Detention, More Releases

By Dan Cadman, August 31, 2016

It was only a matter of time — and not much, at that. On Monday, Jeh Johnson, the secretary of the Department of Homeland Security (DHS), announced that he had tasked his advisory council with exploring whether DHS should scrap its reliance on private contract detention facilities for holding illegal immigrants under removal proceedings.

This followed, by less than two weeks, the August 18 announcement by the U.S. Department of Justice (DOJ) that it would be phasing out the use of privatized prisons that has been its primary method of alleviating overcrowding at federal Bureau of Prisons (BOP) facilities for nearly 20 years. Read more...

DHS Proposes New Rules for Inept Entrepreneurs (and Con Artists), Redux

By Dan Cadman, August 30, 2016

My colleague David North has published a blog post titled "DHS Proposes New Rules for Inept Entrepreneurs". The rules in question are the latest installment of the long-running Obama do-it-myself series, "How to Demolish Federal Immigration Integrity and Enforcement in 1,000 Easy Steps While Congress Acquiesces". Read more...

Forged ISIS-Destined Passports and Alien Smuggling Plague Europe

By Dan Cadman, August 26, 2016

Some developments in Europe (see here and here) that should concern Americans:

  1. An uptick in the number of migrant maritime arrivals into Greece since many of the Balkan nations unilaterally closed their borders with fences and patrols to shut off the landward flow of tens of thousands of migrants out of Turkey and into European Union (EU) states;

  2. Uncertainty over post-coup Turkey's ability or willingness to abide by its deal with the EU to accept deported migrants or those rejected for asylum;

Trump's 'Softening' on Immigration: If It Looks Like a Duck and Quacks Like a Duck...

By Dan Cadman, August 25, 2016

Following Donald Trump's town hall appearance on the Fox News Channel's "Hannity" show, in which he "softened" his tone on immigration, The Hill has published an article, "Hardliners shrug off Trump's softer tone on immigration", that quotes a few individuals such as Joe Arpaio, Maricopa County, Ariz., sheriff, and Alabama Sen. Jeff Sessions, who persevere in their support of the Republican presidential candidate.

During the town hall, Trump said, "Let me go a step further: They'll pay back-taxes, they have to pay taxes. There's no amnesty, as such, there's no amnesty, but we work with them." A number of supporters have tried hard to suggest it isn't a flip-flop, but I lean more toward Mark Krikorian's view on this, as he expressed it in National Review Online. It is a turnabout, and a dramatic and disappointing one. Read more...

More Nonsense About Aliens' Faux "Privacy Rights"

By Dan Cadman, August 23, 2016

Yesterday's Law360 immigration newsletter contained this little snippet:

Groups Raise Alarm Over DHS Bid For Social Media Info

Twenty-eight immigration, civil liberties and other groups released a letter Monday raising concerns over a U.S. Department of Homeland Security proposal to collect social media information from visa waiver program travelers, saying the request would be a privacy intrusion.

The full article is behind a paywall, but you get the point. (The letter and list of signers is here.) Read more...

Transforming America, One Immigration Case at a Time

By Dan Cadman, August 22, 2016

Syracuse University's Transactional Records Access Clearinghouse (TRAC) has issued another of its periodic reports on immigration, one that Americans should find disturbing. According to TRAC, immigration judges are ruling in 57 percent of the cases that come before them that the alien should be permitted to stay in the United States. Read more...