Dan Cadman's blog

Front Loading the Phrasing to Obtain Desired Poll Results

By Dan Cadman, July 4, 2016

The Immigration Reading list compiled and e-mailed weekly by the Center often makes for some interesting stuff for those like myself who like to dig down into the weeds on the subject of immigration, legal and otherwise, in all of its multiple facets.

Last week was no exception. It contained no less than four polls on the interrelated subjects of presidential politics, national security, and whether or not Americans agree with halting the flow of refugees from Syria and other parts of the Middle East: Read more...

Questionable Circumstances, Dubious Reports, and Specious Rewards Surround the San Bernardino Terror Attack

By Dan Cadman, June 30, 2016

In the weeks following the horrific Islamic terror massacre in San Bernardino committed by Syed Farook, a citizen of Pakistani origins, and his Pakistani fiancée, Tashfeen Malik, leaks of investigative information came out in a constant drip.

First came news that Malik had made social media postings of her radical views and allegiance to ISIS before immigrating, which was not known to the government due to a policy by the Department of Homeland Security (DHS) precluding officers from looking into such information, allegedly to protect the "privacy" of applicants. It's just one of many such faux privacy-rights policies issued by DHS and its subordinate agencies for foreign individuals who don't, in fact, have any legal basis on which to claim those rights. Read more...

Analyzing Terror and Its Immigration Nexus

By Dan Cadman, June 28, 2016

In February 2016 the Washington Post reported the findings of a study that said "there is no real link between immigration and terror." A look at the study (behind a paywall, but you can find the abstract here and a brief précis and interview here) reveals that it is based on a very sophisticated technique called "spatial temporal regression" that is subject to significant error when misapplied by researchers who commit the sins of over-aggregation and aggregating unlike things. A classic proof of misapplication was established by Benoit Mandelbrot, in which the coastline of Britain is measured using a long yardstick, a medium yardstick, and a short yardstick, yielding different results: "it is inherently nonsensical to discuss certain spatial concepts despite an inherent presumption of the validity of the concept." Read more...

Staggering Under the Weight of a Broken Removal System

By Dan Cadman, June 26, 2016

The Department of Homeland Security (DHS) Office of Inspector General (OIG) has released the report on its inquiry into the release of Haitian national, illegal alien, and criminal Jean Jacques by DHS subordinate agency Immigration and Customs Enforcement (ICE), after which Jacques committed murder. It is simply called "Release of Jean Jacques from ICE Custody".

The OIG inquiry was requested by the two senators and a representative from Connecticut, where the murder took place. It details a series of actions that merit some thought because they suggest not so much incompetence as an agency staggering under the weight of a complex system that renders it nearly impossible to do what should be a straightforward task: deporting a criminal alien who had previously been convicted of attempted murder. Read more...

Thoughts on the Supreme Court's "Executive Action" Non-Decision

By Dan Cadman, June 24, 2016

As was expected with the death of conservative jurist Antonin Scalia, the remaining eight justices split on the proper course of action when deciding whether to leave in place or overturn lower court decisions on the injunction holding back some of the president's executive actions on immigration. By rules of the Court, the decision leaves intact the injunction, but sends the case back to a U.S. District Court in Texas. Read more...

The Dangers of Chain Migration, Seen Through the Lens of the Orlando Terrorist Attack

By Dan Cadman, June 23, 2016

Those who kept up with the investigation in the aftermath of the San Bernardino terrorist attack by U.S.-born Syed Rizwan Farook, of Pakistani descent, and his wife, Tashfeen Malik, a Pakistani who entered on a fiancée visa to marry Farook, may have pondered — as I did — whether the two had united in a marriage that they arranged for the purpose of carrying out the attack in the first place. Certainly the indicators were there, including incendiary social network posts that long predated not only the attacks, but Malik's entry into the United States.

There can be many reasons to forge the bonds of marriage, and it is not inconceivable that a shared purpose of jihad is one. Consider the number of young Muslim women who have left comfortable homes and middle-class lives, often in Europe, to become the brides of Islamic State fighters in Syria and Iraq (and perhaps now in some of its other global outposts such as Egypt, Libya, Tunisia, Algeria, Afghanistan, etc.). Read more...

Sitting on the House Floor

By Dan Cadman, June 23, 2016

I've been watching with a certain amount of disbelief some of the snippets of the Democrats' take-over of the House floor for their gun-control sit-in, replete with photo montages of victims (some number of whom were victims of terrorist attacks, not of deranged killers with no political motive). Read more...

Visa Overstays: It's Not Just about the Numbers

By Dan Cadman, June 22, 2016

A few days ago, the Washington Post's "Federal Insider" column carried this article by Joe Davidson: "Visa overstays a security risk when 99% of foreigners leave U.S. on time?".

Davidson was keying off of a recent hearing by the House Homeland Security Committee that was examining the national security risk posed by overstays — foreigners who either enter with visas, or via the visa waiver program (VWP), and then overstay their period of authorized admission to blend into the large and amorphous pool of aliens illegally in the United States. Read more...

The Heroin Dealer as Immigration Activist

By Dan Cadman, June 20, 2016

The United States is experiencing a crisis in heroin addiction at near-epidemic levels. This has been going on for a few years now, with no sign of let-up. The addiction has affected towns large and small, and all strata of society, including the very young, leading lawmakers, physicians, educators, and civic leaders to sound the alarm.

Heroin has become so plentiful that many users who began with prolonged use of prescription drugs obtained, at least originally, legally, find it cheaper to switch to packets of junk sold on the street than to continue trying to find new ways and sources to get their hands on the prescription drugs. The same is true for those who began on prescription drugs obtained through diversion from legitimate outlets into the street market. Read more...

U.S. v. Olivar, a Triumph for Denaturalization and for Common Sense

By Dan Cadman, June 15, 2016

Readers of my periodic blog posts will know that I am no big fan of the federal Ninth Circuit Court of Appeals, almost certainly the most liberal of the federal appellate circuits, whose jurists are authors of some occasionally mind-bending legal acrobatics that throw common sense and logic to the wind. Read more...

GAO Issues Its First Visa Waiver Program Report Since the Law Was Amended

By Dan Cadman, June 14, 2016

The Government Accountability Office (GAO) issued a report last week about the Visa Waiver Program (VWP), which permits citizens of approved nations to enter the United States as short-term visitors without the need to seek visas from U.S. consular officers. "Visa Waiver Program: DHS Should Take Steps to Ensure Timeliness of Information Needed to Protect U.S. National Security" is the first report on VWP since the law creating the program was amended. Read more...

On Illegal Aliens and Foreign Students

By Dan Cadman, June 13, 2016

Mayte Lara, an illegal alien residing in Texas, caused a minor firestorm when she went to cyberspace on the occasion of her graduation to "out" herself for her lack of status, while at the same time complimenting her own legs and mentioning her valedictory status. That's a veritable grab-bag of things to include in a tweet limited to 140 characters.

That this young lady felt free to announce herself isn't really much of an exercise in boldness given the state of disrepair that exists in immigration enforcement after seven-plus years of the Obama administration. Even so, some people lauded her; and many others were angry that she apparently will be attending the University of Texas tuition-free. This does raise the question of whether her tuition-free status was an appropriate expenditure of taxpayer monies. Read more...

No Stats and No Facts: The Perfect Vacuum for Manipulating Immigration Policies

By Dan Cadman, June 10, 2016

Center for Immigration Studies Executive Director Mark Krikorian has written a piece for National Review Online titled "No Facts, Please — We're Making Immigration Policy" in which he discusses the gaping vacuum that exists where immigration statistics are concerned. His article notes how the lack of verifiable statistics has become one of the tricks by which proponents of various programs, or indeed of large immigration numbers generally, manage to gull the public by making absurd claims that can't be refuted ... because of the absence of those self-same statistics. Read more...

On College Admission, Military Recruitment, and Illegal Aliens

By Dan Cadman, June 8, 2016

Bastion of truth and rectitude Politifact recently assessed a statement by Wisconsin state representative Dale Kooyenga: "Today it is more difficult to enlist in the U.S. military than it is to enroll in college."

The Politifactors rated it "half true", apparently because the phrasing was too categorical for their liking, since, in their words, "There isn't definitive evidence to prove the claim given that it mixes apples and oranges: The military and college are different pursuits with different sets of minimum standards for getting in, and among colleges, the entrance requirements vary widely."

And yet, also in their words, "[T]here are credible estimates saying that roughly 75 percent of young adults in America wouldn't be eligible to enlist if they tried, while roughly two out of three high school graduates go on to a two- or four-year college." So Kooyenga pretty much nailed it. Read more...

"Privacy Rights" of Illegal Aliens Under Judicial Scrutiny

By Dan Cadman, June 6, 2016

A few days ago, I posted a short item on the irony of the Department of Justice (DOJ) asking the Fifth Circuit Court of Appeals to overturn U.S. District Court Judge Andrew Hanen's order imposing sanctions on DOJ attorneys for repeatedly misleading his court in their briefs. DOJ claims that Judge Hanen's order exceeds the scope of his constitutional authority.

But another portion of the order directed DOJ to turn over to him the names and identifying data of all of the 100,000-plus "Dreamers" who received extensions under another, related executive action program that the DOJ attorneys had promised the judge were not being acted on (the source of the repeated misrepresentations to the judge). Read more...

Switzerland, Free Money, and Migration

By Dan Cadman, June 6, 2016

The Swiss have overwhelmingly rejected a referendum that would have guaranteed a basic minimum income to every adult (approximately $2,500 monthly) and child ($625 monthly) in the nation — whether or not they are employed. Read more...

Will The EU's Migrant Crisis Drift Northward?

By Dan Cadman, June 2, 2016

I suppose it was only a matter of time: Migrants moving up through Europe, having successfully negotiated the Mediterranean or Aegean Seas, or the land route through Eastern Europe, arrive at the northern shore of the continent and then set their sights on crossing the next body of water to penetrate the British Isles.

And why not? After all, at its widest, only about 150 miles separate the United Kingdom (UK) from the continent; at its narrowest, it is just a hair wider than 20 miles — thus the French name for the channel: La Manche ("the Sleeve").

In this regard, British newspapers are reporting two things: Read more...

Shoe on Other Foot for DOJ

By Dan Cadman, June 1, 2016

Here's a little factoid that's rich in irony, brought to us courtesy of Law360:

DOJ Slams Sanctions In Immigration Action Case As Excessive

Law360, New York (May 31, 2016, 7:07 PM ET) -- The U.S. Department of Justice [DOJ] asked the Texas federal court on Tuesday to stay an order in the case over Obama's immigration executive actions that could force the agency's attorneys to take a legal ethics course, saying the sanctions go beyond the limits of the court's power. (Emphasis added.)

An Open Letter to Candidate Clinton

By Dan Cadman, May 30, 2016

The latest campaign move by presidential candidate Hillary Clinton is to warn admirers at her events against Donald Trump's "deportation force" of police, as she did at a recent rally in Las Vegas.

I've been thinking about that and felt I should offer a friendly word of my own before she continues down that dead-end road and gets called on it, too:

Dear Mrs. Clinton,

Re: Your dire warnings against a deportation force

Alas, too late!

The EU Invites Us to Contribute Generously to their Migrant Crisis

By Dan Cadman, May 27, 2016

Donald Tusk, president of the European Union (EU) Council, made a cameo appearance at the G-7 summit going on in Ise Shima, Japan, to offer some remarks about the migrant crisis confronting the EU. (The Group of Seven, or G-7, is a bloc of some of the world's most industrialized nations).

Here is a key portion of his remarks: Read more...

Reflections on "New Americans"

By Dan Cadman, May 26, 2016

Brittany Hughes has written a rather stinging item on MRCTV.org titled "FBI: Illegal Alien Gang Members Murdered Victims 30 Minutes From U.S. Immigration Headquarters".

The article, using FBI and Justice Department sources and materials, lays out the racketeering convictions of several Mara Salvatrucha (MS-13) gang members for murder and other crimes in the national capitol region. Read more...

The Trump Ticket

By Dan Cadman, May 25, 2016

The media has been reporting on a recent meeting between presumptive Republican nominee Donald Trump and Sen. Bob Corker (R-Tenn.) as evidence of Corker being screened for the job of vice president on Trump's ticket. Certainly a number of other Republican lawmakers jumped on the possibility with some enthusiasm, although Sen. Corker himself was typically politician-coy about the subject of the meeting afterward. Read more...

What Is an "Appropriate" Surety Company for Immigration Bond Purposes?

By Dan Cadman, May 24, 2016

A friend sent me a curious article from the News Leader newspaper in Virginia detailing a lawsuit filed by Nexus Services, Inc., a company that provides immigration bond and alternative-to-detention (ATD) services for aliens charged in removal proceedings.

The company is alleging conspiracy by Staunton County, Va., officials with a competing bond company owner to dispossess them of their recent attempts to move into the business of providing criminal bail bonds as well. Read more...

Reflections on the EU's "Operation Sophia"

By Dan Cadman, May 23, 2016

Not quite two weeks ago, the British House of Lords issued a report based on their examination of "Operation Sophia" and declared it to be a failure. Operation Sophia is the European Union's attempt to end the maritime smuggling of people from the shores of North Africa, primarily Libya, into the EU via Italy. Read more...

Common Sense Prevails at the Supreme Court in at Least One Deportation Case

By Dan Cadman, May 20, 2016

In September of last year, I wrote about the Supreme Court reviewing the case of an alien found to be deportable due to an aggravated felony (for which there is no relief) based on his conviction of a state charge of arson.

The Court took the case because of a split in thinking between two different federal circuit courts of appeal. The provision in immigration law outlining aggravated felonies involving arson invokes a federal statute (18 U.S.C. 844(i)), which defines an aggravated felon as "Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce". (Emphasis added.) Read more...

Using Expatriating Acts Against Terrorists to Safeguard the Homeland

By Dan Cadman, May 18, 2016

Twice in recent days I've blogged about a remarkable Department of Justice (DOJ) manuscript documenting the foundation and work of DOJ's Office of Special Investigations (OSI) — see here and here.

DOJ buried the manuscript for several years under cover of confidentiality, and finally released a redacted version only to have the unexpurgated document leaked to the New York Times. I'm not generally a fan of the Times' editorial views — too liberal-progressive for my taste, especially in matters of immigration policy — but, like the Washington Post, perhaps simply by virtue of place and circumstance they sometimes perform a public service by publishing suppressed documents of national interest when aided by angry whistleblowers and scorned bureaucrats (the Pentagon Papers and Watergate come quickly to mind). Read more...

"Make America Mexico Again"

By Dan Cadman, May 16, 2016

A number of observers have commented on the proliferation of Mexican flags at rallies in favor of amnesty and open borders, as well as at anti-Trump demonstrations. They've also noticed the "Make America Mexico Again" slogan showing up on signs, hats, and hashtags — supposedly as a humorous meme, but almost certainly one that exhibits more than a grain of serious intent behind it, even though such an intent would be ironic in the extreme. Read more...

ICE Announces the Arrest of 84 Criminal Aliens – but What Else Should We Be Asking?

By Dan Cadman, May 13, 2016

I admit to spending several minutes pondering before I committed the following blog to writing. This is because when an agency does something good you want to applaud it, thus encouraging more of the same. But under the Obama administration, serious issues — particularly immigration issues — have become so politicized, convoluted, and messy that nothing is ever as it seems.

On May 11, Immigration and Customs Enforcement (ICE) announced the round-up of 84 criminal aliens, all of whom had serious offense histories. These are the kind of people you want to see off the streets of our communities. Various news media dutifully reported the arrests (see, for instance, here and here).

That's great, as far as it goes, but a really enterprising reporter would have followed up with a few questions: Read more...

The Wise Use of Prosecutorial Discretion, Expressed in a Single Sentence

By Dan Cadman, May 11, 2016

Yesterday I wrote about a Department of Justice (DOJ) report on the history and development of the Office of Special Investigations, a small unit charged with hunting down Nazis and other war criminals from World War II.

I said that I'd found, embedded within the manuscript's pages, lessons still important for today's world, and went on to relate the parallels between the processing of displaced persons in the post-war era and the processing of Syrians, Iraqis, and persons from other war-torn nations today — processing as replete with risks now as it was then because of the high probability of making mistakes and granting refuge or asylum to persecutors, genocidists, or even Islamic terrorists bent on further mayhem after being "resettled". Read more...

How Predators Get Admitted with Their Prey During Humanitarian Crises

By Dan Cadman, May 10, 2016

In 2010, the U.S. Department of Justice (DOJ), responding to pressure and threats of a lawsuit, turned over to the National Security Archive (which, despite the name, is an arm of George Washington University, not part of the government) a significantly redacted version of a manuscript prepared by a DOJ lawyer detailing the history of DOJ's Nazi-hunting unit, the Office of Special Investigations (OSI). The manuscript was prepared over the course of several years under DOJ auspices and was edited by Mark Richard, the career deputy assistant attorney general who as a part of his duties oversaw OSI for many years. Read more...