Immigration Blog

Can an Alien Legally Get a Green Card by Marrying Her U.S. Citizen Step-Brother?

By David North, January 20, 2016

This is a story about marriage fraud squared, about it threatening to reach from one generation to the next.

I am leaving out the names and places in this account because they are not significant to the narrative, but real people are involved, and one of them has reached out to the Center seeking assistance and advice.

In a nutshell: Mr. and Mrs. A, both Muslims, were married for years and had three children in the United States. At this point, all five family members are U.S. citizens. Enter Mr. B, another Muslim from the home country. He knows Mr. and Mrs. A. Mr. B arrived with neither a long-term nonimmigrant visa or a green card, something he wants very much. Read more...

What, If Anything, Has Marco Rubio Learned about Immigration Reform? (Part 1 of 2)

By Stanley Renshon, January 20, 2016

Marco Rubio is, in a number of ways, an attractive presidential candidate. He is young, politically articulate, and brings a quintessential American immigrant success story to his candidacy. In other election cycles, he would be among the top-tier candidates, but he isn't, and the fault is primarily his. Read more...

DHS Reports Huge Number of Visitors Overstayed in 2015

By Jessica Vaughan, January 20, 2016

A long-awaited report from the Department of Homeland Security (DHS) confirms that overstays are a significant source of illegal immigration. The report identified just over 527,000 foreign visitors who apparently did not depart as required when their authorized stay expired in 2015. Approximately 484,000 were presumed to be still in the United States at the end of 2015, and 416,500 had not departed as of January 4, 2016.

Of these overstaying visitors, 43 percent had entered on a business or tourist visa, 29 percent had entered under the controversial visa waiver program (VWP), and 28 percent had entered from Canada or Mexico. Read more...

Supreme Court to Hear Administrative Amnesty Case

By Jon Feere, January 19, 2016

The Supreme Court has announced that it will hear the 26-state challenge to Obama's DAPA amnesty for illegal aliens who have U.S.-citizen or permanent-resident children. It is anticipated that arguments in United States v. Texas will likely take place in April, with a ruling likely in June. This timeline assures that immigration will remain a key issue in the presidential campaign. Read more...

In the Wall Street Journal, Two Immigration-Boosting Economists Make a False Statement, Duck Debate

By CIS, January 19, 2016

[Guest post by Jason Richwine]

When academics are faced with criticism, one way for them to respond is to carefully explain why they believe the criticisms are invalid. Another option is to pretend the criticism does not exist. Economists Giovanni Peri and Vasil Yasenov chose the latter approach in today's Wall Street Journal. By ignoring counter-arguments, they have further obscured the debate over immigration and wages. Read more...

The OPT Case: What's Next?

By John Miano, January 19, 2016

I last reported on the status of the Washington Alliance of Technology Workers v. U.S. Department of Homeland Security STEM OPT case here. On August 12, 2015, the D.C. District vacated the regulations put in place under Bush that were designed to circumvent the H-1B quotas by allowing aliens to work on student visas instead, but stayed the vacatur until February 12, 2016, so that aliens working on STEM OPT extensions would not have to immediately leave the country.

Both parties have taken the case to the next step on two fronts, battling in parallel. Read more...

Does Death Matter? Not Always in Immigration Law

By David North, January 19, 2016

Does death matter?

One might think that it always matters, but here's a grisly case involving an illegal alien where the courts have ruled that death does not count.

The alien is Eusebio Varible-Gaspar, and according to the decision of the Fifth Circuit, he "[A]ppeals the 57-month sentence imposed in connection with his conviction for illegal reentry after deportation. ... [he] argues that the [prior state court] conviction does not qualify as a forcible sex offense because a corpse cannot be forced or coerced into sex." Read more...

Jeb Bush's Struggles and Poetic, Political Justice

By Jerry Kammer, January 19, 2016

On Sunday, the New York Times published a story about the struggles of Jeb Bush in a Republican campaign where voters are showing a preference for Donald Trump's "visceral pugnaciousness" or the outsider anger of Sen. Ted Cruz. Contrasting such militancy with Bush's genteel and well-mannered upbringing in a family of wealth and prominence, the story declares that, "the travails of Mr. Bush's presidential campaign can be seen as perhaps the last, wheezing gasp of the WASP power structure." 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...

DHS Makes Life Easier for Itself, and for Employers of Tiny Groups of Aliens

By David North, January 19, 2016

Forgetting completely the old, and excellent, rule that tight labor markets are a worker's best friend, the Department of Homeland Security has just loosened the labor markets for several small groups of foreign workers. Read more...