Dan Cadman's blog

Immigration Bonds: Economic Circumstances, Public Safety, and Flight

By Dan Cadman, April 11, 2016

The American Civil Liberties Union (ACLU) has filed a lawsuit in Los Angeles federal court on behalf of a Mexican woman that they hope becomes a class action suit with many additional plaintiffs piling on. Read more...

"Criminal Justice Reform" for Alien Felons

By Dan Cadman, April 7, 2016

I have been watching a short video clip of two young men climbing the U.S.-Mexico border fence, taken from the Mexican side of the border. They are almost certainly drug mules running narcotics north into the United States and from the way men casually approach their business, it's likely they've done this any number of times.

With that in mind, consider the sad business of criminal justice reform, which is being entertained by two concurrent bills in the House (H.R. 3713) and Senate (S. 2123). I have already written about the Senate bill, expressing hope that it would die aborning and that the House wouldn't take up this unnecessary gauntlet, but as with many things where immigration or law enforcement are concerned in recent years, my hope has proven to be forlorn. Read more...

Do Substance Abusers Exhibit Good Moral Character?

By Dan Cadman, March 30, 2016

Those merry pranksters at the federal Ninth Circuit Court of Appeals (9-CCA) have been having their way with the immigration law again, reinterpreting it into an image more consonant with their Left Coast views.

I recently wrote a blog post about how the 9-CCA decided that California's identity theft laws didn't rise to the level of moral turpitude as a basis for deportability, despite common sense to the contrary. Now they've turned their incessantly wandering eyes upon the matter of habitual drunkenness — which subjects one to a variety of immigration penalties, including removal and denial of benefits or relief, for lack of good moral character. Read more...

A Bill to End Favorable Treatment for Cuban Aliens

By Dan Cadman, March 29, 2016

Over the past several months, my colleague Kausha Luna, and to a lesser extent I myself, have been watching and commenting on Cuban migration. Migrants who manage to leave the island by hook or crook for South or Central American nations — often under the guise of "turismo" — immediately abandon that pretense on arrival and begin making the trek northward to the United States. Read more...

Living in an Immigration Wonderland

By Dan Cadman, March 25, 2016

Sometimes when I see the things supposedly responsible members of the various branches of our government say or do, I don't just wonder if we live in the same country, I wonder if we share the same planet. Or have I been transported to an alternate dimension that shares a superficial physical likeness with my universe, but where the rules of logic and common sense are suspended? Here are two examples:

Hiring Illegal Aliens to Work as Congressional Interns. Arizona Democratic Reps. Ann Kirkpatrick and Ruben Gallego have drafted legislation that would permit illegal aliens to work as interns in both the House and Senate. I am not making this up. Granted, this is a specific subset of illegal aliens — those who were the happy recipients of the president's administrative amnesty under one of his "executive actions." According to a broadcast email sent out by Rep. Gallego's office, there are apparently 21 cosponsors of this magnificent bill. Read more...

Further Reflections on Guantanamo Detainees and Immigration Law

By Dan Cadman, March 21, 2016

A few days ago, the Center published my latest Backgrounder, "The Immigration Implications of Moving Guantanamo Detainees to the United States".

A few readers with deep subject matter knowledge may be wondering why I omitted two items from the discussion in that piece:

  1. Section 236A of the Immigration and Nationality Act (INA), and

  2. A May 14, 2014, Department of Justice (DOJ) letter written to the chairmen and ranking minority members of the Senate Armed Services and Judiciary committees, outlining its position as to why transferring the detainees would incur no risk.

Here are my views:

The De Facto DHS Motto: "We Don't Try Harder"

By Dan Cadman, March 10, 2016

Department of Homeland Security (DHS) Secretary Jeh Johnson told the Senate Judiciary Committee at a hearing this week that "there's only so much border security you can accomplish"— not "we're going to try harder", not "we have a plan and a strategy that we'll be rolling out", nothing.

It was a surprisingly lackadaisical expression of disinterest from the man charged with securing the nation's borders. Could it be that the Obama administration, nearing the end of its second term, doesn't even have the energy left to continue trying to perpetuate the myth that it is tough on protecting our frontiers from illegal intruders? Read more...

An Open Letter to CBP Commissioner Kerlikowske

By Dan Cadman, March 7, 2016

A few days ago, reacting to in-depth critiques from knowledgeable Border Patrol agents (BPAs) who happen also to be officials of the union that represents BPAs — see, for example, here and here — Gil Kerlikowske, commissioner of the Border Patrol's parent agency, Customs and Border Protection (CBP) had this to say, according to the Washington Times:

Well if you really don't want to follow the directions of your superiors, including the president of the United States and the commissioner of Customs and Border Protection, then you really do need to look for another job.

India Initiates WTO Complaint Against U.S. over Immigration

By Dan Cadman, March 7, 2016

Here's a rich one: India is initiating a dispute with the United States in the World Trade Organization (WTO) alleging that the raising of fees for participation in certain guestworker programs constitutes "discrimination" and puts those foreign temporary workers on a lesser footing than similarly situated American workers.

The basis of the impending action is this: In December, as part of the omnibus spending bill, Congress doubled the fees paid by employers to sponsor guestworkers in the controversial H-1B and L categories, used to bring in more than 200,000 new guest workers each year. The Indians dispute this as inherently discriminatory. Read more...

Cruz Continues Doing the People's Work in the Senate

By Dan Cadman, March 6, 2016

While other major presidential candidates engage in puerile arguments about the size of hands and other body parts, or obfuscate their positions, or do outright flip-flop-flips in their support/opposition/support for foreign worker programs that rob Americans of their jobs, Sen. Ted Cruz is quietly going about the work of the people and continues to submit bills for consideration by the Senate, even as he campaigns nationwide. It's quite impressive.

I analyzed one of them recently on behalf of the Center, S. 2538, the "ICE Agent Support Act of 2016", cosponsored with Sen. Jeff Sessions. The bill has some limitations, but is a good starting place and an admirable show of support for the beleaguered agents of Immigration and Customs Enforcement (ICE). Read more...

The Administration's New Anti-Sanctuary Assurances: Trust, but Verify

By Dan Cadman, February 28, 2016

The Center's Director of Policy Studies, Jessica Vaughan, has written a couple of posts lately touching on the subject of criminal alien sanctuaries and federal grant funding to state and local law enforcement agencies. The first noted that Rep. John Culberson (R-Texas), the chairman of the House subcommittee controlling Department of Justice (DOJ) appropriations, sent a pointed letter to the attorney general (AG) asking how such sanctuaries could legitimately claim in their grant applications that they were in compliance with all federal laws given their refusal to honor immigration detainers or fully communicate with agents of Immigration and Customs Enforcement (ICE). Read more...

Little to "RESPECT" in DHS's New Repatriation Agreements

By Dan Cadman, February 26, 2016

The Department of Homeland Security (DHS) issued a press release this week announcing the signing of a series of repatriation agreements with the government of Mexico. According to the press release, they were created as the result of meetings by the U.S.-Mexico "Repatriation Strategy and Policy Executive Coordination Team (RESPECT)".

The nine local agreements provide for the mechanisms by which the United States can deport, or remove under the less-formal means of voluntary departure, Mexican nationals back to their country. Read more...

Which Way U.K.? Migration Issues Are Central

By Dan Cadman, February 23, 2016

The United Kingdom (UK) is headed for a June referendum on whether it wishes to secede from the European Union (EU).

In anticipation of the vote, Prime Minister David Cameron of the Conservative Party spent several days last week negotiating with a select group of EU leaders to lay out several paths unique to the UK that would differ significantly from the rules governing the remainder of the EU member states. Cameron has made clear that he wishes Britain to remain in the EU under this "special status" provided the changes are agreed upon by the EU governing bodies.

While things such as trade and banking and commerce regulations play a part in the negotiations and public debate, the most contentious areas surrounding Britain's continued EU membership have to do with migrants and benefits. Read more...

N.C. Deputy Ambushed by Four Gangbangers: Are the Assailants Aliens or Citizens?

By Dan Cadman, February 22, 2016

Police Magazine is carrying the story of an off-duty, plainclothes deputy sheriff from Wake County, N.C., who was at a child's birthday party when he was ambushed by four known gang members: "Gabriel Moreno, 39, of Knightdale; Miguel Angel Moreno, 25, of Wendell; Remi Nambo, 27, of Raleigh; and Delfino Alejo, 27, of Garner". After the deputy, also Hispanic, arrived with the children at the party location a lone male asked if he could speak to him alone; when they stepped outside, three other men joined the first individual, calling the deputy a "pig" and assaulting him with fists, feet, and weapons. They have now been charged with a variety of felonies. Read more...

TSA Airport Credentialing Process Overlooks Terrorists, Criminals, and Illegal Aliens on a Large Scale

By Dan Cadman, February 16, 2016

One of the Transportation Security Administration's (TSA) prime missions is to protect the traveling public through vetting processes designed to safeguard against the wrong individuals being granted credentials to gain access to the secured "sterile" areas of the airport — both those open to the traveling public after they have been screened and, more importantly, the private areas used by airport employees to give them access to the tarmac, boarding ramps, security corridors, and other generally off-limits spaces. Read more...

Criminal Alien Assistance Funds: Wanting Your Cake and Eating It Too

By Dan Cadman, February 12, 2016

The Washington Post has published an article noting that the budget recently submitted by the president would zero out the State Criminal Alien Assistance Program (SCAAP), which provides funding not only to states, but also to localities for the cost of jailing deportable alien criminals.

The funding has never fully reimbursed states and localities for the costs, given the number of aliens in jails and prisons and the length of their sentences for any number of serious crimes, but it's still a pretty good chunk of change for at least some states, as well as high-volume jurisdictions like the Los Angeles County Jail, New York City Corrections, and Cook County, Ill., among others. Read more...

"We Might as Well Abolish Our Immigration Laws"

By Dan Cadman, February 8, 2016

On February 4, the Washington Examiner carried a story detailing a secret directive ordering Border Patrol agents to immediately release — without processing for deportation — aliens apprehended along the frontier, simply upon their assertion, without verification, that they have been in the United States since prior to January 2014.

The directive was revealed by a Border Patrol union official testifying before Congress on the renewed surge of illegal aliens on our southern border, with numbers that exceed those who came during the 2014 summertime surge. Center for Immigration Studies' Director of Policy Studies Jessica Vaughan also testified. Read more...

DHS OIG Issues a "No Recommendation" Audit Report — Or Does it?

By Dan Cadman, February 8, 2016

You know those pages of Consumer Reports magazine that record the packaging and advertising that companies put out that belie the product they're trying to market?

That's what I thought of when I took a look at an audit report from the Department of Homeland Security (DHS) Office of Inspector General (OIG). Although the report is dated January 29, it was just published on the OIG's website. The report is entitled "CBP's Special Operations Group Program Cost and Effectiveness are Unknown". Read more...

On Underground Railroads, Fugitive Slave Laws, and Deportation

By Dan Cadman, February 5, 2016

The deeply disturbing series of events leading to lead contamination of public water sources in Flint, Mich., has been a major source of news in recent weeks. Read more...

Fighting Human Trafficking Abroad, But Not at Home

By Dan Cadman, February 3, 2016

On February 1, the House of Representatives passed H.R. 400, the "Trafficking Prevention in Foreign Affairs Contracting Act", which will go next to the Senate for consideration.

It is modest in scope, requiring the Department of State (DOS) and Agency for International Development (AID) to report to the Congress within 180 days of enactment on their respective efforts to define contractor recruiting fees, and explain how they will enforce provisions that prohibit the levying of such fees. The fees refer to amounts paid by employees of DOS and AID contractors to obtain their jobs — often through shady middle-man recruiting agencies. Read more...

Visa Overstays: A Lesson in Flexible Facts and Pliable Media

By Dan Cadman, February 2, 2016

On January 20, the New York Times carried this story: "Few Foreign Visitors to U.S. Overstay Visa, Federal Report Says". It states that "A little more than 1 percent of the nearly 45 million foreign visitors to the United States overstayed their work or tourist visas last year, according to a long-awaited report by the Department of Homeland Security."

Great news! Or is it? Let me "do the sums here", as they say. Wait a minute. That's about half a million people added to the illegal alien population in just a year's time. Read more...

Raising Human Trafficking Awareness Everywhere Except at DHS and HHS, Where It's Sorely Needed

By Dan Cadman, January 29, 2016

The Department of Homeland Security (DHS) has announced its "Blue Campaign", an effort to make the general public and, more importantly, individuals in key positions aware of human trafficking — first responders, law enforcement, educators, even federal acquisition officers (for reasons they explain on their website).

This is a "close the barn door after the horses have left" exercise in embarrassment mitigation. The Washington Post recently ran a story detailing a sordid tale of peonage and human trafficking in unaccompanied alien minors about which my colleague, David North, recently blogged. Read more...

Disney and Racketeering to Deprive Americans of Their Jobs

By Dan Cadman, January 27, 2016

Well, it's finally happened — someone has decided to legally challenge the egregious actions of Disney when it fired American workers and replaced them with foreign H-1B workers whom they had to train before being shoved out the door.

You'll recall that Disney owns ABC, which on its nightly national news program regularly touts the values of keeping the economy vibrant and Americans fully employed by buying American, with its "Made in America" segments. Read more...

Egregious Border Inspection Failures at JFK Airport

By Dan Cadman, January 27, 2016

Over the weekend the New York Daily News reported that, "JFK allowed passengers arriving on international flight to exit without going through Customs".

Reading through the article, one finds that it wasn't just customs that was bypassed, meaning that any contraband articles got through; it was also the immigration checks, meaning not only that excludable aliens got through, but that even legitimate nonimmigrant travelers are now free to roam around the United States without any official limits to their stay — in fact, without any official record that they ever entered. One also discovers that this has happened not once, but twice now at Kennedy airport, both times by American Airlines. (Perhaps they should rename themselves "Citizens of the World Airlines"?) Read more...

Placating Iran, Abandoning National Security

By Dan Cadman, January 25, 2016

Some things have an inevitability about them. For instance, as surely as the night follows the day, if you give this president or his cabinet a legislative inch, they are sure to go a mile or more with it, congressional intent be damned. Not to mention that this Congress never learns its lessons, always giving the president that inch and then expressing dismay and outrage when he abuses it.

Such is the case with the Visa Waiver Program Improvement Act (VWPIA), which was folded into the omnibus budget bill passed last month and signed by the president into law. Other than the VWPIA, there was precious little in that bill to give solace to those of us who would like to see immigration laws enforced fully and fairly. Read more...

Concrete Evidence of the Continuing Plunge in Both Civil and Criminal Immigration Enforcement

By Dan Cadman, January 23, 2016

Two recent reports from Syracuse University's Transactional Records Access Clearinghouse (TRAC) reflect the continued erosion of immigration enforcement under the Obama administration.

On January 20, TRAC reported that criminal prosecution for immigration offenses fell 22.3 percent from November 2014 to November 2015, and more than 36 percent over the course of five years, excluding magistrate court (which deals exclusively with petty offenses). Read more...

On Equitable Distribution of Migrants Arriving in Europe

By Dan Cadman, January 21, 2016

Several decades ago, a spat developed between the Border Patrol and the Investigations Division, both of which were part of the Immigration and Naturalization Service (INS). The spat was over whether one of those divisions should be stuck processing, on a routine basis, aliens who were apprehended by the other, thus being forced to expend innumerable productive hours for which they would accrue no statistical credit. I won't say which was the aggrieved party; it's irrelevant to the story. Read more...

Immigration Implications of the U.S.-Iran Prisoner Swap

By Dan Cadman, January 19, 2016

Details of the U.S.-Iran prisoner swap have been finding their way into various media accounts, some of which I have found passing strange (the details that is, not the media, although on sober reflection the latter's probably a truism too). Note, though, that it is probably more accurate to describe this deal as a trade-off, and not a Cold War-style Checkpoint Charlie "swap", for reasons discussed below. Read more...

Feds Should Use "Blackie's Warrants" to Challenge Sanctuary Cities

By Dan Cadman, January 18, 2016

The Center last week published a blog post of mine on enforcing immigration laws in the face of civil disobedience. In it, I argued for reinstituting the use of "Blackie's warrants" as one method of taking into custody aliens who refuse to cooperate with their deportation when they are under final orders of removal. I described in some detail exactly what a Blackie's warrant is: a judicially issued civil search warrant used as authority to detect and take custody of aliens illegally in the United States. But could they have potential for counteracting "sanctuary" rules that impede federal authorities from taking into custody aliens arrested by police for criminal offenses, when they are also deportable — either for those crimes or for other offenses, including especially reentry into the United States after having been previously removed? Read more...

Obama's Goal: Shape Immigration System for Years to Come

By Dan Cadman, January 13, 2016

"The state? I am the state!" — The Sun King, Louis XIV of France

"A traitor is everyone who does not agree with me." — George III of England

"I've got a pen, and I've got a phone." — Barack Obama Read more...