Immigration Blog

EB-5 Immigrants Include a High Percentage of Law-Breakers

By David North, January 19, 2017

Are the beneficiaries of any single provision of the immigration law more likely to be law-breakers (but not necessarily violent ones) than the beneficiaries of other provisions?

Our government does not publish statistics on this point, but for reasons outlined below, the probable answer is that the highest proportion of lawbreakers are in the EB-5 immigrant investor program. Read more...

Insecure IDs Compromise Security at Military Bases

By Dan Cadman, January 19, 2017

Earlier this month military.com published this article: "More State IDs No Longer Accepted at Bases".

The gist of the article is that U.S. military posts have begun to tighten up on the identity documents required before they will permit entry onto their compounds. It is a commonsense security measure given today's unsettled world, and particularly noteworthy in light of efforts by so many terrorist groups to single out serving members of our armed forces and police. For instance, in 2015 ISIS released a list of 100 U.S. armed forces members' names, addresses, and other data, obviously with the hope that would-be jihadists would follow up with attacks against them here in the homeland. Read more...

Will Trump Restore 'Wet Foot-Dry Foot' for Cubans?

By Mark Krikorian, January 18, 2017

Spoiler: Probably not.

Last week, President Obama ended the "wet foot-dry foot" policy for Cuban illegal aliens. Under the old approach, any Cubans apprehended at sea by the Coast Guard were returned to the island (unless they made a credible case for asylum), while those who reached shore were allowed to stay, enabling them to get green cards after one year, per the Cuban Adjustment Act of 1966.

Wet foot-dry foot is itself a narrowing of earlier practice; before President Clinton formulated it in 1995, all Cubans, even those at sea, were simply brought to the U.S. Read more...

Is DHS Sending a Coded Message in the Proposed New EB-5 Regulations?

By David North, January 18, 2017

Once upon a time there were simple decoder rings for kids, used as promotional devices for breakfast cereals. They offered a substitution of a letter for another letter; two kids, each with a ring, could send coded messages to each other, notes that outsiders could not understand.

Is the Department of Homeland Security engaged in a similar maneuver in it latest, largely commendable, proposed reforms of the EB-5 program? Is it sending a hidden message to the EB-5 middlemen, understandable only to them, that the proposed reform looks a lot fiercer than it really is? Read more...

When Is an Alien Admitted?

By Dan Cadman, January 18, 2017

My colleague David North penned a blog post on Monday entitled "Interesting Migrant Screening Suggestion from an Unlikely Source", in which he picked up the idea from a Northern Mariana Islands legislator that one way to figure out if an alien seeking admission is truly a tourist is by gauging the amount of luggage he (or she) is bringing — the larger the amount, the less likely the intent to depart as promised. Read more...

Wage-Based Selection of H-1B Visas Could Cut Out the Lowest-Paid Positions

By John Miano, January 18, 2017

Congress has directed that H-1B visa petitions should be processed in the order in which they are received. But what happens when 236,000 visa petitions show up at USCIS processing centers around the country on one day for 85,000 visas? In that situation it is impossible to identify the order in which the petitions were received.

Congress has not enacted a statute to address this situation so that leaves it up to the agency to decide how to handle it. Over the years USCIS has used a random process to select them – a lottery. Read more...

IRS Should Say Immediately: Only Genuine SSNs Produce Refunds

By David North, January 17, 2017

Time is running out for the incoming Trump administration to save billions this winter by reforming the income tax system to avoid making needless cash payments to illegal aliens.

Most — but not all — of these mindless payments of federal funds to illegals are made in the income tax filing season, which has already started. Illegals (and other low-income people) often file their 1040 or 1040NR (NR for non-resident) forms early in the hopes of securing refunds and other payments as soon as possible.

The IRS, under current law, will start sending out refund checks on February 15. Read more...

Toothless H-1B Bill Is Back

By John Miano, January 17, 2017

Representative Darrell Issa has reintroduced his H-1B "reform" bill from last session. As I described last fall, this bill is carefully crafted to do absolutely nothing.

Rep. Issa's press release describes the bill this way: Read more...

Interesting Migrant Screening Suggestion from an Unlikely Source

By David North, January 16, 2017

A useful screening method to sort out real tourists from potential illegal aliens has emerged from an unlikely source — a member of the territorial legislature in the Commonwealth of the Northern Mariana Islands, a U.S. jurisdiction just north of Guam.

The Idea. Someone (in this case from China) who shows up with a tourist visa and six pieces of luggage is likely a would-be illegal worker, planning on a long stay in the United States. A similar alien, traveling with one or two pieces of luggage, is more likely to be a genuine tourist. Read more...

Obama Administration Ends "Wet Foot, Dry Foot" Policy for Cubans

By Kausha Luna, January 13, 2017

Time after time the Obama administration had declared that it had no intentions of changing U.S. immigration policies towards Cubans. However, yesterday, President Obama announced the end of the "wet foot, dry foot" policy, and the lesser known Cuban Medical Professional Parole Program.

Both the U.S. and Cuba called the end of these policies an important step in normalizing bilateral relations. President Obama's statement briefly states the implications of the end of the wet foot, dry foot policy: Read more...