Dan Cadman's blog

The Changing Immigration Labor Landscape

By Dan Cadman, September 2, 2015

When provisions were added to the Immigration and Nationality Act in 1986 that forbid the hiring (or referring for a fee) of an alien unauthorized to work in the United States, people thought it would be a game-changer. The prohibitions were accompanied by civil fines and even criminal penalties for repeat offenders.

The "employer sanctions" laws, as they are usually described, also included prohibitions on "use of labor through contract", reflecting legislators' awareness that without them, employers would try to skirt the law forbidding hiring of illegal aliens by claiming they were contract employees, or by conveniently using subcontractors to do a lot of their dirty work — sometimes literally, as in the case of janitors, window washers, etc. Read more...

Circuit Court Overextends on Second Amendment

By Dan Cadman, August 31, 2015

In June of this year, a three-judge panel of the Seventh Circuit Court of Appeals ruled in the case of an illegal alien who had appealed his conviction on a federal firearms offense for possessing a bullet. (There is evidence he also had the gun itself in his possession earlier in the evening of his arrest, though it wasn't on him when taken into custody.) As a convicted aggravated felon, he was deported with a lifetime bar on reentry. The panel ruled his appeal of the conviction was not moot because, if overturned, the lifetime bar would no longer apply. Read more...

Rent-Boy.com Case Reveals Lack of Enforcement Priorities in ICE's Homeland Security Investigations Division

By Dan Cadman, August 27, 2015

As is my habit from time to time, I was browsing Breitbart.com when my eye was caught by a photo of federal agents carrying boxes containing the Department of Homeland Security (DHS) seal, so I looked closer and, yep, the logo confirmed that they were evidence boxes used by Immigration and Customs Enforcement (ICE) agents. Read more...

French Train Attack Again Raises Questions About Security of the Visa Waiver Program

By Dan Cadman, August 27, 2015

I may be in a minority on this point, but I'm uncomfortable with the visa waiver program. It seems all too easy for something to go horribly wrong and result in the admission of one person, perhaps a group of people, not on anyone's list (despite the proliferation of such lists since 9/11) who could wreak terrible havoc in a very short period of time. Read more...

Interpreting Logic Out of the 14th Amendment Where Birthright Citizenship Is Concerned

By Dan Cadman, August 26, 2015

Within a span of days, National Review Online has published two interesting pieces on birthright citizenship with diametrically opposing views, though each speaks to the centrality of the 14th Amendment in framing the current debate.

It is the first sentence in Section 1 of the 14th Amendment that is at issue: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." Read more...

Activist Judge Tries to Thwart Criminal Alien's Deportation

By Dan Cadman, August 25, 2015

A senior federal judge in the Eastern District of New York (which encompasses New York City) has laid out the basis by which "judicial recommendations against deportation" (JRADs) will be issued. He did so via an opinion and order in a criminal case for which he was presiding judge.

Everything about the order — its context, the crime, the defendant, even its content — is strange, not to say skewed. It's the judicial equivalent of staring at an M.C. Escher print and trying to figure out of which side is up. Read more...

On Refugee Standards and Mental Filters

By Dan Cadman, August 20, 2015

A few days ago, Raha Jorjani, an immigration attorney and sometime professor at the University of California-Davis Law School, wrote an op-ed for the Washington Post offering her view that African Americans could qualify as refugees given the level of violence against them by police. Read more...

Don't Rescind DACA Right Away, Mr. Trump

By Dan Cadman, August 19, 2015

Concurrent with releasing his immigration platform, presidential candidate Donald Trump was interviewed by Chuck Todd, NBC political analyst and host of "Meet the Press". Read more...

Will the White House Shift Money Away from ICE?

By Dan Cadman, August 18, 2015

The Daily Caller recently reported that the Department of Homeland Security (DHS) was going to propose shifting $110 million away from Immigration and Customs Enforcement (ICE) into other DHS organizations and efforts such as the Secret Service and cybersecurity programs. The money targeted by the White House for "reprogramming", which would need congressional approval given the staggering amount, would come from ICE's immigration programs, not its customs programs. Read more...

Senate Begins to Analyze Links Between Immigration and Terror

By Dan Cadman, August 17, 2015

Sens. Jeff Sessions (R-Ala.) and Ted Cruz (R-Texas), the chairmen, respectively, of the Senate Judiciary Committee's subcommittee on Immigration and the National Interest and the subcommittee on Oversight, Agency Action, Federal Rights, and Federal Courts, have penned a rather remarkable letter to the attorney general and the secretaries of State and Homeland Security. Read more...

Court Victory for American Workers but No Immediate Relief in Sight

By Dan Cadman, August 14, 2015

My CIS colleague David North has documented the existence of a suspect program begun in 2008 and broadened to disturbing lengths in 2012. The program, initiated and expanded by federal regulations, permits foreign students who have graduated (and thus fulfilled the basis for being granted a visa) to remain in the United States for extended periods of time to engage in "optional practical training" (OPT), which is in fact designed to allow them to enter the workforce and compete directly against struggling American workers in the areas of science, technology, engineering, and math (STEM). Read more...

Semantics, Political Correctness, and Bizarre Priorities Obscure Honesty in the Immigration Dialogue

By Dan Cadman, August 14, 2015

The Center for immigration Studies has published a series of blogs by Jerry Kammer on some of the recent writings by Jeffrey Toobin in the New Yorker magazine. They are an interesting microcosm of the way many liberal journalists and authors of otherwise bright intellect abandon their capacity for neutrality or dispassionate analysis when the subject of immigration arises. This lack of capacity for critical examination is especially disturbing for an attorney and "senior legal analyst" (at CNN) like Toobin. Read more...

DHS OIG Finds USCIS Didn't Intentionally Violate Injunction

By Dan Cadman, August 13, 2015

Followers of the court action in Texas know that 26 states sued the federal government over its immigration "executive actions" that proposed to give over half a million aliens "lawful status" and work permits despite absence of a statute, and proposed to do the same for approximately five million more. To the delight of those outraged by the executive branch's overreach, the presiding judge issued an injunction, restraining the government from undertaking the new expanded program, and halting the old one. Read more...

Administration's Chaotic Immigration Policies Bring Trouble on Two Horizons

By Dan Cadman, August 13, 2015

The Obama White House is finally beginning to feel the consequences of cause and effect where its immigration policies are concerned. Like a paralysis-inducing spider wasp laying its eggs into its prey, it has pretty much cowed our congressional leaders into crippling inactivity in the face of its onslaught of legally dubious "executive actions". But the third branch of our tripartite federal system, the judiciary, has taken action in two different directions and begun to clamp down on the administration's policies. Read more...

Several More Victims of Alien Criminals and Nothing Has Been Done

By Dan Cadman, August 10, 2015

The July 5 San Francisco murder of Kate Steinle at the hands of a multiply deported alien felon brought cries of outrage from the public, followed shortly thereafter by the predictable cacophony of a hopelessly divided country.

Some members of Congress vowed to put a spotlight on the problem and to end illegal alien sanctuaries, while others committed unpardonable gaffes by referring to the murder as "a little thing" or disrespecting the family members of citizens who died at the hands of alien criminals by leaving during their testimony at hearings held by Senate committees on which they sit. Read more...

USCIS to Issue Guidance to Employers of DACAs Stripped of Their Documents by Injunction

By Dan Cadman, August 10, 2015

When the administration initiated its extra-statutory "Deferred Action for Childhood Arrivals", which includes anyone who arrived prior to the age of 18, and many of whom are now well into their 30s, it also began a regimen of issuing employment authorization documents (EADs) as well as documents to establish that the recipients are — at least for the duration of the program — lawfully present in the United States. Each EAD's period of authorization was designed to mirror the program benefits: three years at a time, renewable thereafter. Read more...

Will New Aide at ICE Help or Hinder Immigration Laws?

By Dan Cadman, August 6, 2015

Three months ago, I blogged about the appointment of a new principal legal officer at Immigration and Customs Enforcement (ICE): an attorney from the Environmental Protection Agency (EPA) who had gotten involved in a cover-up of sexual harassment and scandal at EPA, but who apparently still had enough "mentors" in the administration that the decision was made to launder her to another organization in lieu of discipline or pushing her out of government — even though she possessed no experience whatsoever in the practice of immigration law. I noted that this dearth of experience extended to the new head of ICE herself, Sarah Saldana. Read more...

Sen. Schumer's Empathy for Some Victims of Violence, but Not Others

By Dan Cadman, August 5, 2015

Actress Amy Schumer took to the podium a few days ago, in the wake of the theater shooting tragedy in Lafayette, La., to denounce violence and advocate gun control. Her film, Trainwreck, had been showing at the theater when a mentally disturbed man with apparently extremist views opened fire, murdering two and injuring nine. He later killed himself rather than surrender to police. Read more...

Another Weak GAO Unaccompanied Minors Report

By Dan Cadman, July 31, 2015

The Government Accountability Office (GAO) has issued its second audit report dealing with unaccompanied alien minors in a very short span of time. The first report dealt with domestic processing, detention, and resettlement issues – but overlooked any examination of the fiscal expenditures by resettlement agencies of the billions of dollars provided them by the federal government to help accomplish these tasks. It didn't even name them, referring to them instead as Grantees A through E. Neither did it consider the apparent violation of regulatory requirements imposed on federal agencies to audit any organization receiving over $750,000 yearly. Read more...

Liberalizing Religious Worker Benefits Erodes National Security

By Dan Cadman, July 30, 2015

As my colleague David North has recently noted, the agency responsible for handling immigration benefits, U.S. Immigration and Citizenship Services (USCIS), has decided to liberalize its policies for granting green cards to religious workers through another series of legally dubious interpretations of statute, that amount to a mini-amnesty. One can see the heavy hand of the administration once again pushing against the heads of the bureaucracy to achieve this result. Read more...

Federal Judge Orders an End to the Administration's Detention Shell Game

By Dan Cadman, July 29, 2015

A federal district court judge in California has finally issued a long-awaited decision on detention of alien families and unaccompanied alien minors, ordering the Department of Homeland Security (DHS) to explain to her no later than August 3 why those detained should not be released, having found that the conditions of their detention violated a previous settlement in a court case dating back nearly a decade. Read more...

Where Are the Required Federal Audits of Refugee and Immigrant Resettlement Agencies?

By Dan Cadman, July 28, 2015

The Department of Justice Office of Inspector General (DOJ OIG) has issued a report on its audit of two grants funded by DOJ's Office on Violence Against Women (OVW) and Office of Victims of Crime (OVC) to a Georgia entity called Tapestri, Inc., which describes its mission as "end[ing] violence and oppression in refugee and immigrant communities", according to the report.

Though required by law, audits of immigrant and refugee-related grants are rare. Read more...

Immigration Prosecutorial Discretion: The Exception that Undoes the Rule of Law

By Dan Cadman, July 27, 2015

Last week, directors Sarah Saldana of Immigration and Customs Enforcement (ICE) and Leon Rodriguez of U.S. Citizenship and Immigration Services (USCIS) testified before the Senate Committee on the Judiciary in a hearing focused on the shabby state of immigration law enforcement, and most particularly on sanctuaries that refuse to honor ICE detainers, leading to murders throughout the country. The hearing was called "Oversight of the Administration's Misdirected Immigration Enforcement Policies: Examining the Impact on Public Safety and Honoring the Victims". Several surviving family members also testified at the hearing.

Despite the reference in the name of the hearing to honoring victims, Sens. Schumer and Durban did attending family members the dishonor of choosing to absent themselves during their testimony. Such callousness is as shocking as Rep. Luis Gutierrez's reference to the murder of one of the victims (Kathryn Steinle) as "a little thing". Read more...

Will We Admit the Trojan Horse?

By Dan Cadman, July 27, 2015

An interesting case is shaping up in Australia, which, confronting the reality that a wave of its citizens have been recruited by Islamic State (IS) and other Islamist terror organizations, recently toughened its laws dealing with terrorists, particularly those who are Australian citizens. The case is going to test those laws, and the resolve of the Aussie government, to the limit. Read more...

Hammering Sanctuaries with Lawsuits

By Dan Cadman, July 24, 2015

The astounding number of sanctuary locations identified by Immigration and Customs Enforcement (ICE), and revealed by the Center for Immigration Studies could not have been better timed to make a difference for victims and their families all over the nation, coming as it did when attention was focused on the murder of Kathryn Steinle in San Francisco at the hands of an illegal alien. It has forced a public reckoning of a shameful but open secret about how many state and local governments have been free to thumb their noses at federal immigration authorities. Read more...

GAO Examines UAC Processing and Housing Procedures, but Misses the Fiscal Mark

By Dan Cadman, July 21, 2015

The Government Accountability Office (GAO) issued a report on July 15 called "Unaccompanied Alien Minors: Actions Needed to Ensure Children Receive Required Care in DHS Custody".

I suspect advocacy groups will make a great deal of noise over it because of the "inconsistencies" it reveals in processing by Customs and Border Protection (CBP) inspectors and Border Patrol agents. Read more...

Congress's Proposed Cure for Sanctuary Cities Must Not Be Worse Than the Disease

By Dan Cadman, July 20, 2015

The public all over the nation is expressing uniform and vociferous outrage over the needless recent murder of Kate Steinle in San Francisco due to that city-county's sanctuary policies. The backlash shows growing recognition that the problem is not limited to San Francisco, but is in fact nationwide, as revealed by my colleague Jessica Vaughan.

The most common method of obstructing immigration enforcement is by refusing to honor detainers filed against aliens arrested for criminal offenses whom federal authorities wish to take into custody for deportation when state criminal justice proceedings are over. This refusal to honor detainers, along with other sanctuary obstacles, like rules prohibiting exchanges of information, is a problem that has been festering for years and yet few executive branch officials or legislators have shown much willingness to grapple with it. Read more...

Reflections on "Domestic" Terror in Chattanooga

By Dan Cadman, July 16, 2015

The train wreck that passes for federal immigration and nationality policy has once again collided into reality with bloody consequences.

The fact is that it happens every day, but most of the instances rarely get more than local coverage. Yet in the last few weeks the entire nation has been riveted by two egregious instances of the disastrous and fatal consequences of the government's flawed policies. Read more...

Rending the Fabric of Truth in the Steinle Case

By Dan Cadman, July 9, 2015

In modern America, all of us are accustomed to elected and appointed political leaders spinning, bending, and manipulating the truth in order to score points or shape public opinion.

But there are limits to the credibly do-able, and with all of the finger-pointing in the wake of Kate Steinle's murder at the hands of an illegal alien, it's clear that the fabric of truth has been stretched so far as to have been rent asunder by San Francisco officials' attempts to evade moral responsibility for the tragedy and direct it at somebody else. Here are some of the whoppers that have been told: Read more...

Feds Play Needless Game of Chicken with Public Safety in Utah

By Dan Cadman, July 7, 2015

A few days ago, the Salt Lake Tribune ran a story detailing how the state of Utah enacted legislation requiring background checks to determine immigration status before issuing driver's licenses. The law was to go into effect on July 1st. It didn't. Read more...