Dan Cadman's blog

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
The Ninth Circuit Rides Again

By Dan Cadman, August 3, 2016
The Ninth Circuit Rides Again

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...

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...