Dan Cadman's blog

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...

On Federalism, States' Rights, and the Power of Coercion

By Dan Cadman, May 9, 2016

Various media outlets are reporting on a letter sent to the North Carolina governor from the Department of Justice (DOJ) threatening to withhold millions of federal dollars if something is not done to void the recently enacted state statute requiring that, in public places, individuals use bathrooms consistent with the gender reflected on their birth certificates (see here and Read more...

Bill Would Defund CAM, the Stealth Executive Action Program Abroad

By Dan Cadman, May 5, 2016

In a recent blog post, keying off the writings of my colleagues Nayla Rush and Mark Krikorian, I expressed dismay that the United Nations High Commissioner for Refugees (UNHCR) appeared to be working with the U.S. Department of State (DOS) and other federal agencies to create "alternative pathways" for aliens to enter the United States, apparently because they don't meet the definition of refugees under either international or domestic law.

This end-around is reminiscent of the types of "executive actions" undertaken by the Obama administration, and is perfectly consistent with the kind of activism seen out of the UNHCR in recent years. The organization seems to have abandoned any attempt whatever to hew to the letter of international law in favor of a more all-encompassing view that closely mirrors that of many open-borders advocates. Read more...

Has the Notion of "Executive Action" for Syrian Refugees Even Infected the UNHCR?

By Dan Cadman, May 2, 2016

As I write this, media sources are reporting the arrest of four plotters by police in Ankara, Turkey, at about midnight on Saturday, April 30. Turkish police and security authorities say the arrests were in the nick of time because the plotters, members or supporters of the terrorist group Islamic State, were planning to attack during May Day celebrations in the city the very next day. Read more...

On Prosecutorial Discretion and Tired Analogies

By Dan Cadman, May 2, 2016

Columnist Ruben Navarette recently wrote that he has come to believe that the immigration executive actions undertaken by the Obama administration were a mistake — not for the reasons cited by conservatives and pro-enforcement types such as myself, but because the recipients have been fed a meal of crumbs and expected to be as grateful as if they had gotten the steak that they deserved. Read more...

House Armed Services Committee Approves Defense Funding, Rejects Mini-Amnesties or Transfer of GitmoTerrorists

By Dan Cadman, April 29, 2016

In what was apparently a sometimes-contentious, marathon 17-hour session, the House Armed Services Committee (HASC) has approved and will soon forward to the full chamber the federal fiscal year 2017 defense spending bill, the "National Defense Authorization Act of 2017".

Among the amendments raised by Democrats and defeated were several measures of interest to those such as myself who advocate a robust and balanced immigration enforcement program; the kind that used to exist before being dismantled by the Obama administration. Read more...

Sentencing for Reentry after Deportation

By Dan Cadman, April 27, 2016

I've been blogging a lot recently about sentencing and incarceration in criminal cases, in the context of pending legislation that both chambers of Congress are contemplating. The bills would permit reduced sentences for many offenders, including aliens who smuggle narcotics by land or sea across our international borders. It is legislation that I dislike, as do many current and former prosecutors and law enforcement officers.

But here are two more items that have come to my attention that touch on a different aspect of sentences imposed on aliens. They have nothing to do with the pending legislation, but rather focus on the crime of illegal reentry after removal (deportation; see 8 U.S.C. Sec. 1326). Read more...

More on Sentencing and Criminal Justice "Reform"

By Dan Cadman, April 24, 2016

Twice before (here and here) I've blogged about the highly questionable aspects of parallel sentencing reform bills that are before both houses of Congress. They apparently aren't gaining quite the traction that they need to pass despite the support of heavyweights among both senators and representatives and — a more dubious thing by far, where garnering added congressional votes is concerned — the enthusiastic backing of the president, since this is on his -uckit list. Read more...

Hitting the Pause Button on Refugees and Asylees

By Dan Cadman, April 21, 2016

I was watching BBC World News this past Friday (April 15) and the newscaster mentioned that 6,000 illegal arrivals had reached Italian territory in the span of three days. This despite the fact that an accord between the European Union (EU) and Turkey kicked into effect at the end of March that was to end the crisis through return of "unregistered" migrants. A few hundred have already been sent back to Turkey under the arrangement, which is highly favorable to Turkey (more about that in a minute). Read more...

Two Reports Shed Light on the Seamy Side of "Resettling" Unaccompanied Alien Minors

By Dan Cadman, April 21, 2016

Two new reports shed light on the sometimes murky world of unaccompanied alien minors who cross into the United States illegally.

On April 19, the Government Accountability Office (GAO), an arm of Congress, released "Unaccompanied Children: HHS [Health and Human Services Department] Should Improve Monitoring and Information Sharing Policies to Enhance Child Advocate Program Effectiveness". The audit report was compiled over the course of 12 months, between April 2015 and April 2016. Read more...

Texas Law that Forbids Harboring Illegal Aliens Is Temporarily Enjoined

By Dan Cadman, April 18, 2016

A federal judge in San Antonio has issued a temporary injunction against a Texas statute signed into law nearly a year ago that forbids harboring illegal aliens. Read more...

One More Portrait for the Naturalization Hall of Shame

By Dan Cadman, April 15, 2016

I have written before about the naturalization "hall of shame", filled by a surprising cast of characters to whom our country has accorded citizenship, only to discover later that they have been human rights abusers, war criminals, spies, traitors, and terrorists.

It bespeaks a vetting process and a numbers-oriented endgame that is every bit as flawed as those involving asylees and refugees, the corrupt EB-5 investor program, and "schools" authorized to admit foreign students that are in fact nothing but visa mills. Unlike those programs, though, it has garnered little public attention and concern, despite the fact that it is the one benefit that trumps all others, hands down, because in according citizenship our government removes the capacity to deport an individual for heinous crimes since the individual is, by definition, no longer an alien. Read more...