Immigration Blog

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

By Jason Richwine, January 19, 2016

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...

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...

Satire: Why EB-5 Investors Should Become Backers of Broadway Shows

By David North, January 16, 2016

Here's an idea: Would-be immigrant investors in the embattled EB-5 program should take on new roles, as angels backing Broadway shows. Though no one has used this approach to my knowledge, the suggestion fits in neatly with the current operations of the program.

Under my scheme the immigrant investors would put up the usual half-million dollars each (thus netting them and their families a full set of green cards). The money would be placed in a specially created corporation that would invest in forthcoming Broadway productions, but it would be structured in such a way so that the other angels (the resident ones) would get the bulk of the profits should any of the shows succeed.

How does this resemble the current EB-5 program? Many ways: Read more...

First Cuban Migrants from Costa Rica Reach the U.S.

By Kausha Luna, January 16, 2016

The dozen or so Cuban migrants arrived in Laredo, Texas, Friday, part of the first group of 180 Cubans flown from Costa Rica to El Salvador and bused through Guatemala to Mexico. Read more...

Amnesty Program for "Juvenile Court Dependents" May Elbow Out Religious Workers, Iraqi Translators

By David North, January 15, 2016

The number of green card slots allocated to such groups as ministers of religion, former Voice of America employees, and the Iraqis who put their lives on the line for us as our translators for our military is endangered by the growth of a specialized, largely unknown legalization program for aliens in the United States who are dependents of the Juvenile Court system. Read more...