Dan Cadman's blog

"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...

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: Read more...

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...