Dan Cadman's blog

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...

On Sharia, Assimilation, and the Risk of a Descent into Tribalism

By Dan Cadman, August 19, 2016

Donald Trump gave a speech this week urging the equivalent of an ideological litmus test as a prerequisite for Muslims to enter the United States under our immigration laws. Whether or not to administer some kind of test to Muslims, or to require an affirmation from a Muslim that he or she subscribes to constitutional values, shocks many Americans, because we don't like the idea of singling people out based on race, religion, or the like. Read more...

UN Experts Issue a Dark Report on Terrorist Travel and Recruiting

By Dan Cadman, August 18, 2016

News media are reporting on a recently issued document prepared by expert advisers to the United Nations Security Council concerning extremists affiliated with ISIS, al Qaeda, and other Muslim terrorist organizations (see, for instance, here and here).

According to these experts:

  • As many as 30,000 foreign fighters in Syria, Iraq, and elsewhere are prepared to return to their home countries — or, in the case of the European Union (EU) with its borderless travel rules, anywhere in the visa-free zone — in order to commit attacks.

The Cost of Family Detention Centers and Failed American Immigration Policies

By Dan Cadman, August 15, 2016

The Washington Post has published a story titled "Inside the administration's $1 billion deal to detain Central American asylum seekers". Interestingly, it was classified as a business story, one presumes because it discusses details of the government's contractual arrangements for a family detention center with the Corrections Corporation of America (CCA), although the narrative goes far beyond mere recitation of fiscal factoids in raising the issue.

The article mentions, for instance, that the four-year $1 billion contract guarantees CCA a full occupancy rate, whether or not the facility is in fact filled to capacity. The gist of the article's bent can be found in a single paragraph, though: Read more...

The Ninth Circuit Strikes (Out) Again

By Dan Cadman, August 11, 2016

I recently wrote a blog on a decision of the Ninth Circuit Court of Appeals that deprived a statute of its logic by means of a tortured reading of the language used in the law. In that case, using linguistic acrobatics worthy of Rio olympians, they determined that a woman convicted of commercial piracy of Microsoft and other software didn't lack the good moral character needed to become a naturalized citizen.

They've done it again, once more delving into the arcane mysteries of the English language in order to arrive at a decision that deprives an immigration detention statute of meaning and common sense. Read more...

When Our Protectors Betray Us

By Dan Cadman, August 9, 2016

A friend sent me the online version of Police Magazine containing an article about Nicholas Young, the District of Columbia Metro Transit police officer recently arrested by the FBI and charged with material support of a terrorist organization (Islamic State). Read more...

A Practical Step toward Dismantling Unlawful Sanctuary Rules

By Dan Cadman, August 8, 2016

In a recent blog posting, my colleague Jessica Vaughan highlighted a Department of Justice Office of Inspector General (DOJ OIG) report finding that state and local governments with sanctuary rules are in violation of federal law by prohibiting employees from communicating with Immigration and Customs Enforcement (ICE) agents.

As Vaughan notes, there are over 300 such sanctuary jurisdictions; and when they are states, such as California, they have a spillover effect because of their impact on county and local government practices as well. Read more...

Another Crack in the Veneer of the Government's Immigration Security Vetting

By Dan Cadman, August 4, 2016

Sometimes the most newsworthy items come out in the most unlikely places. The Board of Immigration Appeals (BIA), the appellate tribunal of the immigration courts, has published an opinion sustaining an immigration judge's decision to continue the detention of one Hussam Fatahi, allegedly a native of Iraq and citizen of Syria. The facts revealed by the opinion prove, once again, just how vulnerable the nation's immigration security vetting is.

Let me backtrack for a moment though. In October of last year, I wrote a blog post, "Why Syrian Refugee Vetting Will Be Indisputably Fallible". In that blog, I laid out reasons potential security threats could penetrate screening procedures, including: Read more...

The Irony of a Sanctuary Sheriff Presiding over a Moment of Silence for Fallen Cops

By Dan Cadman, August 3, 2016

A few days ago at the Democratic National Convention (DNC), Dallas County Sheriff Lupe Valdez rose to the podium, resplendent in her uniform with four gold stars on each collar, to ask for a moment of silence to honor fallen law enforcement officers. The moment was disrupted by delegates on the floor, some of whom shouted “Black lives matter!” Read more...

Demeaning Naturalization Through Semantics

By Dan Cadman, August 3, 2016

Once again the Ninth Circuit has managed to thread a camel through the eye of a needle in its ongoing attempt to eliminate reason from the rule of law where immigration matters are concerned. The circuit court accepted the case de novo (as a case of first impression) because the case had been summarily dismissed in favor of the government by a lower court when presented there. Read more...

Obliging Foreign Nations to Meet Their Repatriation Obligations

By Dan Cadman, July 29, 2016

This is a good-news/bad-news kind of blog. The good news is that after years of relative inattention, members of Congress are focusing on the continuing problem associated with countries refusing to accept their nationals who have been ordered deported from the United States. Read more...

Trump, Trade, Immigration, and Working Class Americans

By Dan Cadman, July 26, 2016

I have visited the laid-off factory workers, and the communities crushed by our horrible and unfair trade deals. These are the forgotten men and women of our country, and they are forgotten, but they will not be forgotten long. These are people who work hard but no longer have a voice. I am your voice. ... I pledge to never sign any trade agreement that hurts our workers, or that diminishes our freedom and independence.

2015 Sentencing Commission Report Documents Downward Trend in Prosecution for Immigration Crimes

By Dan Cadman, July 26, 2016

The United States Sentencing Commission has just issued its annual report, which documents on a yearly basis the upward and downward trends of prosecutions, convictions and sentencing among the range of federal criminal laws. Read more...

Immigration Court Backlogs and the Smuggling of Alien Women and Children

By Dan Cadman, July 22, 2016

Syracuse University's Transactional Records Access Clearinghouse (TRAC) has issued a report showing that despite the addition of new immigration judge resources, the backlog of removal docket cases in the national immigration court system administered by the Department of Justice Executive Office for Immigration Review (DOJ EOIR) continues to grow. As of the end of June, TRAC tells us the backlog is at an all-time high of 496,704 — just short of the half million case mark. With the new additions, there are now 273 immigration judges to handle this staggering caseload. Read more...

On Refugee Flows, Radicalized Lone Wolves, Unaccompanied Minors, and Indiscriminate Slaughter

By Dan Cadman, July 21, 2016

European media are reporting on a terrorist attack that took place on a suburban commuter train near the southern German town of Wurzburg. The perpetrator, shouting “Allahu Akbar” (God is Greatest), attacked travelers including a group of visitors from Hong Kong. Read more...

Why Is the U.S. Still Releasing GTMO Detainees?

By Dan Cadman, July 19, 2016

Dozens of the Islamic terrorists taken into custody by military authorities in theaters of war such as Afghanistan and Iraq, and placed into the detention center at the U.S. naval base at Guantanamo Bay, Cuba (GTMO, or “Gitmo”) have been released into the custody of various and sundry other nations around the globe upon assurances from those governments that they would undertake to monitor the former detainees to ensure they did not reengage in jihad. The releases have almost all taken place during the Obama administration. Read more...

An Empty Victory at the Third Circuit Court of Appeals

By Dan Cadman, July 14, 2016

This is a blog about one of those good news/bad news kinds of cases. The good news: the government won. The bad news: the alien probably still doesn't get deported. There are a number of cautionary lessons in the case, Bassam Saliba v. the United States, which emanates out of the federal third circuit court of appeals. Read more...

On Refugees, National Security, and Myth-Making Solons

By Dan Cadman, July 12, 2016

Often, when I have a scheduled meeting or appointment with an authority figure—a doctor, a lawyer, an academic or the like—the tiny irreverent guy who lives in the back of my head reminds me that half of them will, as a statistical matter, have been below the fiftieth percentile in their university or postgraduate studies class. Read more...

On Borders, Fences, Political Pandering and Party Turnabouts

By Dan Cadman, July 11, 2016

The Democratic party has drafted its 2016 platform for the presidential race. It is, of course, a draft and will remain that way until endorsed (or amended) by the convention delegates, but there's little reason to think it will substantially change. Read more...

Will New FOIA Amendments Make it "Easier, Faster, Cheaper" to Obtain Immigration Data?

By Dan Cadman, July 5, 2016

Here's a hoot: Barack Obama, the chief executive of our least transparent administration in decades — if not in the history of the country — has just signed into law a revision of the Freedom of Information Act (FOIA) that he says will make it "easier, faster, and cheaper" to obtain information from the federal government.

Sounds good, but after seven-plus years of this administration, I'm not buying that any more than I would a "good used car from a previous single owner in West Virginia". Read more...