Immigration Blog

IRS Protects and Rewards Illegal Aliens

By Ronald W. Mortensen, June 8, 2015

Whether intentional or otherwise, the Internal Revenue Service all too often sides with illegal aliens who routinely commit multiple employment-related felonies that do terrible harm to American citizens. The favoritism that the IRS extends to illegal aliens includes the following: Read more...

From Big Charges to Tiny Moves, the Thrust Is Always for More Migrants

By David North, June 8, 2015

Sometimes the administration uses tactics like Carthage's charging war elephants (DACA and the proposed executive amnesty) and sometimes it deploys tiny, almost invisible attacks, but the movements are always in the same direction — to expand and ease immigration, legal and illegal, permanent and temporary.

CIS regularly describes the large-scale efforts to expand migration, and to legalize millions of illegal aliens by fiat. These big programs, however, are in sync with much smaller efforts, two of which I noticed lately. Read more...

Media Still Claiming DACA's Just for People "Brought" Here

By Jon Feere, June 8, 2015

There is much to critique about President Obama's controversial "Deferred Action for Childhood Arrivals" (DACA) program, and the Center for Immigration Studies has quite a bit of that, but I've spent a significant amount of time simply trying to get the media to accurately report how the program operates. All too often, either out of ignorance or an intentional effort to mislead readers, journalists simply don't get the facts right when describing DACA. Read more...

With North American Illegals, Distance Does Not Make the Heart Grow Fonder

By David North, June 8, 2015

While working with DHS enforcement data for FY 2010, I noticed a pattern: Among North American illegals, the number of borders one has to cross using land routes has a nice negative correlation with the numbers of deportable aliens located by authorities, as shown below: Read more...

Mainstream Media Finally Notices Workers Displaced by H-1Bs

By John Miano, June 5, 2015

I am pleasantly surprised to see that the news media is taking an interest in Americans being replaced by foreign workers on H-1B visas.

In the 1990s, the media published such stories without restraint. However, as political correctness grew, those stories disappeared. The story the media wants the public to believe now is that foreign workers don't take American jobs — they create them. When the facts do not fit that politically correct narrative, the media tends to ignore the story altogether.

But maybe change is in the wind. Read more...

Barbara Jordan Award Presented to — Hillary Clinton?

By Jon Feere, June 5, 2015

The memory of civil rights leader Rep. Barbara Jordan was sullied yesterday as Texas Southern University presented cheap-labor enthusiast Hillary Clinton the first-ever "Barbara Jordan Public-Private Leadership Award". In the mid-1990s President Bill Clinton appointed former Texas congresswoman Barbara Jordan to chair the bipartisan U.S. Commission on Immigration Reform, which called for a reduction in immigration to protect the interests of American workers. The Center for Immigration Studies has produced a number of reports and blogs about the commission and Jordan's work, some of which can be found here and here. A helpful outline of the Commission's conclusions is available from NumbersUSA, while the commission's reports are at the University of Texas. Read more...

What the H–**?
A guide to the H visa categories

By David North, June 5, 2015
A guide to the H visa categories

Given the alphanumeric soup of the temporary alien worker programs, it may be helpful to identity the H programs, all of which have some to a lot of Department of Labor involvement. (In addition to these categories, there are more than a score of other visas that allow alien holders to work in the United States, such as F-1 and J-1). Read more...

Seeking Answers About DHS's Priority Enforcement Program with FOIA

By Dan Cadman, June 4, 2015

An open-borders group, the National Day Laborers Organizing Network (NDLON) has joined forces with the Benjamin Cardozo School of Law at Yeshiva University and the Asian Law Caucus to file a Freedom of Information Act (FOIA) request with the Department of Homeland Security (DHS).

The FOIA request seeks information on the new Priority Enforcement Program (PEP) announced by DHS Secretary Jeh Johnson in one of his series of November 2014 memos implementing the president's constitutionally dubious "executive actions" on immigration — the one that ended the successful Secure Communities (SC) program designed to detect criminal aliens at the front end of the criminal justice system, instead of afterward when they are free to roam the streets finding more victims. Read more...

Truth on H-1B Program Starts to Appear in the Mainstream Media

By David North, June 4, 2015

The grim truth about the H-1B program is starting to ooze out into the mainstream media.

A story on the front page of today's New York Times carried this all-too-accurate headline on its web version:

"Last Task After Layoff: Train Foreign Replacements"

In it, Julia Preston, a normally pro-migration reporter, writes: Read more...

Skewed Priorities in Homeland Security

By Dan Cadman, June 3, 2015

Toward the end of November last year, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a series of memos to initiate the president's "executive actions" on immigration — some of which are on hold due to federal court injunction, and all of which were destructive to a meaningful regimen of immigration controls and enforcement.

One of those memos ended the program known as Secure Communities, designed to provide to immigration agents, in near real-time, notice that aliens had been arrested by police for criminal offenses. Johnson directed that Immigration and Customs Enforcement (ICE) agents initiate instead his "new and improved" program with the trivial and childish acronym PEP (Priority Enforcement Program), whose details were and are shrouded in mystery, and which have decidedly not filled ICE agents with much enthusiasm or pep. Read more...

Obama Amnesty Supporters Don't Let Facts Get in the Way of a Good Story

By John Miano, June 2, 2015

I have refrained from writing about DACA and DAPA because most of the legal analysis in the media (including that of noted constitutional law scholars) is total garbage and I did not want to get into a fight with fools.

However, this post from the tin-foil hat crowd illustrates the growing connection between my own lawsuits and these two programs — but in a different way than portrayed here. Read more...

Immigration Lawyers Website Disses the EB-5 Program

By David North, June 1, 2015

If a New York Times editorial called for outlawing all abortions all the time, there would be an earthquake felt all over the United States.

Well, the Times has not done that, but the little shudder you felt recently was because the routinely pro-immigration website Immigration Daily had an unsigned editorial recently that said some pretty derogatory things about the EB-5 (immigrant investor program). The website is published for immigration lawyers and routinely carries bitter criticisms of attempts to enforce the immigration law. Read more...

Bringing Terrorists to the U.S. for Training

By Dan Cadman, June 1, 2015

Gulmurod Khalimov, a special police forces commander from Tajikistan who disappeared from his country in April, resurfaced recently in an Islamic State propaganda video. It's unclear what triggered the defection of a man formerly charged with protecting the political leaders and government elites of tightly ruled, autocratic Tajikistan.

News accounts tell us that he was well-trained, courtesy of both the American and Russian militaries. He was in the United States several times for such training; likewise with Russia. Read more...

Obama's 'Rock-Solid' Legal Argument for Granting Work Permits

By John Miano, June 1, 2015

I have yet to see any description of Obama's "rock solid legal argument", as the learned folks at the New York Times editorial page describe DAPA, so I thought I would create one now that I am running into it in other cases.

You may have noticed that the Constitution confers all powers over immigration to the Congress. You might then expect that the way the immigration system is supposed to work is that Congress defines the classes of aliens eligible work in the United States and that DHS has the broad authority to determine the individual aliens within those classes who are authorized to work.

That is not how Obama's DHS sees things. Read more...

The Border Patrol Loses One of Its Balloons

By David North, June 1, 2015

It's always sad to see a child cry when he lets go of his helium-filled balloon and it rises to the sky.

Well, the Border Patrol recently had the opposite problem. One of its helium-filled balloons, used as an unmanned observation post in the lower Rio Grande Valley, started leaking gas, and the aerostat (as they are called) fell gently into someone's field. Fortunately this happened on our side of the river, no one was hurt, and there was not much, if any, property damage. The leak was fixed and the balloon is again working as a silent sentinel. Read more...

So Illegal Immigration Isn’t Inevitable After All? Who Knew?

By Mark Krikorian, May 29, 2015

[This is the start of a piece by me posted today at National Review.]

Thursday's Washington Post front page featured a story on the decline in illegal immigration. The story itself isn't news (my colleagues did their first report on this phenomenon seven years ago), but the story's dead-tree subhead explains the timing: "Trend alters dynamics of immigration reform, a likely topic for 2016." Read more...

Australia Moves Toward Stripping Citizenship from Terrorists

By Dan Cadman, May 29, 2015

News reports tell us that the Land Down Under is preparing to amend its laws to enable the government to strip Australian citizenship from "dual nationals" who engage in terrorist acts, or who join terrorist groups such as the Islamic State (ISIS).

This is a step in the right direction, but perhaps two steps short of what needs to be done. The government apparently backed off its initial plan to remove citizenship from others as well, including children born in Australia of immigrant parents, when those children engage in terror or terrorist support. Aussie Prime Minister Abbott, channeling his inner progressive in walking back the original outlines, said "The changes will be consistent with our international legal obligation not to leave a person stateless." Read more...

National Park Service Signs on to Obama's Pro-Illegal Immigrant Agenda

By Marguerite Telford, May 28, 2015

The politicizing of our national monuments is well underway, with the National Park Service (NPS) pushing the president's pro-illegal immigrant agenda in a new exhibit at the Ellis Island Museum. The Obama administration and Democrats (helped by more than a few Republicans) have been attempting to normalize illegal immigration for some time, so it is not surprising that they would enlist the NPS, a federal bureau in the Department of the Interior, to rewrite history to turn U.S. law enforcement into the bad guys. Read more...

Breaking News! Feds Need State and Local Help to Enforce the Law

By Dan Cadman, May 28, 2015

FBI Director James Comey has solicited the help of state and local law enforcement agencies, including the New York City Police Department, in an effort to identify, track, and act against potential terrorists. No one seems to have noted the irony that this request comes at the same time the Obama administration is turning away such help with immigration enforcement. Read more...

The Non-Deported: ICE Still Releasing Criminal Aliens at a Rapid Pace

By Jessica Vaughan, May 28, 2015

The Atlanta Journal-Constitution has published an investigative report on violent criminals released by ICE. Aptly titled "Convicted, but free to roam: Giving little notice, federal authorities have released thousands of detained undeportable immigrants — sometimes with grave results", the article tells the story of a rapist and a murderer turned loose by ICE. Such criminal alien releases are continuing at an alarming pace in 2015. Read more...

Memorial Weekend Incidents: Thoughtlessness and Delinquency or Foreshadowing?

By Dan Cadman, May 27, 2015

Over the Memorial Day weekend, there were two distinct kinds of untoward incidents that took place that should make Americans sit up and take notice. While neither may have had terrorist intent, they're just the kind of thing terrorist groups might do to test us. Read more...

Michael Lind's Story of Arthur Sulzberger and Immigration Policy at the New York Times

By Jerry Kammer, May 27, 2015

In 1995, when Michael Lind was a senior editor at the New Republic, he was contacted by an editor at the New York Times who was aware of his contrarian-liberal views of immigration. The editor asked Lind to write about them in an op-ed column for the Times.

Published under the headline "Liberals Duck Immigration Debate", Lind's essay made the case that "ignoring the rising costs of mass immigration, legal as well as illegal, is anything but courageous — or liberal." It went on to argue that, among Democrats, discussion of immigration is "still governed by taboos" and "rests on two articles of faith." Read more...

Will EB-5 Renewal Be as Dramatic as for the Patriot Act?

By David North, May 27, 2015

The answer to the question in the headline is "probably not", but there are some similarities in the proposed extensions of the EB-5 program and that of the USA Patriot Act.

As this is written it is not clear whether all, or some part, of the Patriot Act will be extended by the June 1 deadline.

Meanwhile, the main part of the EB-5 (immigrant investor) program is also up for renewal on September 30.

In each instance it is a portion of the measure that causes more controversy than the general activity. Read more...

5th Circuit Rules in Favor of Texas, Blocking Obama’s Unilateral Amnesty

By Jon Feere, May 26, 2015

In February, federal judge Andrew Hanen, of the U.S. District Court of the Southern District of Texas, issued an injunction temporarily blocking President Obama’s expanded executive amnesty, known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The order was in response to a lawsuit filed by 26 states. In response to the ruling, the Obama administration appealed the preliminary injunction and moved for a stay of the injunction, pending resolution of the merits of that appeal.

But today the 5th Circuit Court of Appeals denied the Obama administration’s appeal of the injunction as well as its request to narrow the scope of the injunction to just Texas (in order to let DAPA move forward in other states). The court explained that the government is unlikely to succeed on the merits of its appeal. Read more...

Another Story of Failed Chain Migration with Tragic Consequences

By Dan Cadman, May 26, 2015

My colleagues here at the Center have spoken often of the need to do more than just address the intertwined problems of illegal immigration and crimes committed by aliens. They have also spoken in favor of amending a system that is geared toward chain migration simply on the basis of family — including members of the family after they have left the nest and are (or should presumably be) on their own and establishing their own families. (See, for instance, here, here, and here.)

Chain migration, which is without numerical visa restrictions for some categories of immediate relatives, fuels the huge numbers of individuals coming to our shores legally each year, but without much assurance that they have anything to offer our society. Sometimes, in fact, they detract from what used to be called "the common weal". Read more...

Facing Tougher Mexican Border Controls, Hondurans Seek New Routes to the U.S.

By Jerry Kammer, May 26, 2015

Despite a sharp rise in Mexico's deportations of Hondurans who seek to cross Mexico on their way to the United States, the illegal flow northward is continuing along new routes, according to an article in the Honduran newspaper La Prensa.

The article quotes a Honduran government official who said Mexico has deported 4,900 Hondurans this year, most of them between the ages of 11 and 29. Read more...

Is "Illegals on Board" Sign Needed to Stop a Smuggling Vehicle?

By David North, May 26, 2015

Here are the facts of a criminal case set in the District Court for the Middle District of Louisiana. An ICE agent stopped a vehicle on the highway and found illegal aliens inside, including four alleged to be former deportees, according to court documents.

The question before the judge: Was the stop itself justifiable?

The story, as summarized in the May 4 issue of Interpreter Releases, the immigration lawyers' trade paper, was as follows: Read more...

No Preliminary Injunction in H-4 Visa Case; Main Event Still to Come

By John Miano, May 25, 2015

Unfortunately – and as I predicted from the hearing – the preliminary injunction in the H-4 case was denied, solely on the issue of "irreparable harm". (See background on the lawsuit here – it is a challenge to DHS's unilateral grant of work authorization to holders of H-4 visas, who are the spouses of H-1B foreign workers. This was one of the executive actions President Obama announced in November, and it will go into effect as scheduled on Tuesday.) Read more...

"Decoupling" Police Work from Reality, Including the Effects of Illegal Immigration

By Dan Cadman, May 22, 2015

My colleague Jessica Vaughan has written an excellent piece on the absurdity of the immigration-related recommendations of the president's Task Force on 21st Century Policing. The report included the recommendation that civil immigration violations not be included in the FBI's national crime computer (which is not, and hasn't been, an issue for some time) and that state and local police distance themselves from immigration law enforcement, even though the adverse impact of illegal immigration stares state and local governments, including cops, in the face daily. If that weren't true, 26 states would not be suing the federal government for its amnesty-surrogate giveaway programs. Read more...

DHS Trumpets Its Own Immigration Failure

By Mark Krikorian, May 22, 2015

A press release from Immigration and Customs Enforcement this week boasts that "ICE removes man wanted by Romanian authorities for attempted murder." Sounds good, right?

Tomescu was apprehended near Douglas, Ariz., in July 2010 when he tried to enter the United States without inspection. U.S. Border Patrol officers served him a notice to appear in immigration court and placed him in custody.

So far, so good. The Board Patrol is on top of things.

He was later released on an order of recognizance.

Wait, what? We let him go? Read more...