Immigration Blog

Sometimes the Immigration System Fails: The $105K Job Lost to OPT

By David North, April 18, 2017

Here are the facts:

  • The alien worker will have a brand-new MBA from a U.S. university by May.

  • He has already landed a new job in the States that will pay $105,000 a year.

  • The U.S. government is encouraging the alien's employment by giving his employer a subsidy of $8,032 a year for hiring him instead of one of the multitude of citizens with new MBAs.

Can State Employment Agency Worker Verifications Be Trusted in Sanctuary Jurisdictions?

By Dan Cadman, April 18, 2017

A few days ago, I blogged about a healthcare workers union that has declared itself a sanctuary. I noted that unions hold a privileged position of trust in the federal immigration laws relating to employment verification and sanctions, and suggested that a union that declares itself a sanctuary dedicated to helping hide illegal aliens from federal detection has by its actions proved incapable of maintaining that position of trust. The appropriate response is twofold: Read more...

Employers Are Less Interested in H-1B This Year Than Last

By David North, April 17, 2017

The Department of Homeland Security announced today that there were 199,000 applications for H-1B foreign worker visas, a noticeable drop from the previous year when there were 236,000 applications.

The congressionally set cap each year for these visas is 65,000 for those with bachelor's degrees and 20,000 for those with U.S. master's degrees or PhDs; there is no limit on the issuance of such visas to universities and those entities regarded as related to colleges and universities. So something like 100,000 new H-1B visas, usually good for three years, are issued each year. Read more...

Healthcare Workers Union Declares Itself a Sanctuary

By Dan Cadman, April 17, 2017

The National Union of Healthcare Workers, based in California (where else?), has declared itself a sanctuary.

As an article in the Daily Caller notes, Porfirio Quintano of the NUHW executive board — and himself previously an illegal alien, which he states proudly, made the announcement in an editorial published in various labor union-oriented magazines and websites: Read more...

U.S. Attorney, Blessed by Obama AND Trump, Squashes EB-5 Indictments

By David North, April 17, 2017

This is a story about how one wily South Dakota politician managed to be appointed to (and retained in) office by both the Obama and the Trump administrations, all within a period of less than 18 months, while protecting the embattled EB-5 (immigrant investor) program from a series of criminal indictments and nasty headlines.

The direct beneficiaries of all this are a group of local EB-5 middlemen and their far-flung cronies, while the indirect beneficiaries are the big city (Manhattan, Los Angeles, and Dallas) real estate developers who secure most of the profits from the ongoing EB-5 program. The latter's wallets would suffer were the main part of the EB-5 program not to be renewed by Congress before its April 28 sunset. Read more...

Employers Use Sneaky Maneuver to Get More H-2B Alien Workers

By David North, April 17, 2017

Greedy employers of unskilled foreign workers used in hotels and landscaping are seeking a legislative end-run to expand the number of H-2B workers without congressional hearings.

According to Politico, the employers are trying to increase the congressionally mandated ceiling of 66,000 H-2B workers a year through a rider on the continuing resolution, the legislative vehicle that guarantees funding of the U.S. government beyond April 28. (This would permit the change without hearings on the matter.) Read more...

Ideological Smears Masquerading as Journalism at The Hill

By Dan Cadman, April 17, 2017

The Hill published an article last week, "DHS hires incense immigration supporters". The piece focuses on the displeasure of various migrant advocacy and open-borders groups that two persons, Jon Feere and Julie Kirchner were given jobs in Department of Homeland Security (DHS) agencies.

Feere was brought into Immigration and Customs Enforcement (ICE) as an advisor to its acting director; and Kirchner is now serving as an advisor to the Customs and Border Protection (CBP) commissioner. Read more...

Big Finance Firms Pony Up in Vt. EB-5 Case — Nothing Similar in S.D.

By David North, April 14, 2017

Two large national financial firms have agreed to pay a total of $163.3 million to settle claims against them arising out of the EB-5 (immigrant investor) scandal in Vermont.

Meanwhile nothing of the kind has happened in South Dakota, where the EB-5-related losses were probably even larger. Read more...

GAO's Take on Countering Violent Extremism

By Dan Cadman, April 13, 2017

The Government Accountability Office (GAO) last week published a report that is neither very useful nor credible — "Countering Violent Extremism: Actions Needed to Define Strategy and Assess Progress of Federal Efforts". It mostly reads like bits of progressive shibboleths left over from the Obama administration.

The report represents the kind of abstract thinking we sometimes see from wonks and analysts who are outside the circle of responsibility for ending (or at least minimizing) extreme violence, and therefore talk in terms of metrics, etc. Read more...

Sanctuaries and the "Minor" Crime of Domestic Violence

By Dan Cadman, April 13, 2017

A terrible incident occurred at an elementary school in San Bernardino recently, when an estranged husband entered the premises, shot his wife (a teacher) dead and then turned the gun on himself. Children were also wounded in the attack.

To the best of my knowledge, this most recent tragic incident has nothing directly to do with immigration at all. So why blog about it here? Because it raises the ugly specter of domestic violence, which does have a nexus to immigration. Domestic violence is a sadly recurring event in American life — some estimate that as many as one in every four women will experience some form of domestic abuse in their lives. Read more...

Ninth Circuit Significantly Extends TPS Eligibility for Adjustment of Status

By Andrew R. Arthur, April 12, 2017

A three-judge panel of the Court of Appeals for the Ninth Circuit on March 31, 2017, in a little-noted decision in Ramirez v. Brown, __F. 3d ___ (9th Cir. 2017), vastly expanded the potential number of aliens who may be eligible for adjustment of status under section 245 of the Immigration and Nationality Act (INA).

Adjustment of status is a process through which an alien may acquire a green card while in the United States, without having to depart this country and obtain an immigrant visa through consular processing. (See section 245 of the Immigration and Nationality Act (INA).) It is generally unavailable, however, to aliens who entered the United States illegally. (See section 245(a) of the INA.) Read more...

Cuban Illegal Aliens Allowed to Stay in Mexico

By Kausha Luna, April 12, 2017

On Friday, the Mexican government announced it would begin to regularize the status of 588 Cuban illegal aliens in Nuevo Laredo (including a grant of work permits). After the Obama administration ended the "wet foot, dry foot" policy the Cubans passing through Mexico on their way to the U.S. refused to return to the island. Read more...

Courthouses as Sanctuaries?

By Dan Cadman, April 11, 2017

There are over 300 jurisdictions today that obstruct cooperation with federal immigration efforts, by enacting laws or policies prohibiting police agencies from honoring immigration detainers or providing Immigration and Customs Enforcement (ICE) agents with the information needed to identify and apprehend alien criminals.

One of those sanctuaries is Multnomah County, Ore., in which an activist open-borders mentality apparently percolates through all three branches of government. Read more...

More Details on Campus H-1B Abuse

By John Miano, April 10, 2017

I have frequently remarked that the paradox of immigration reform is that fixing the system has to be done by the same folks that screwed it up in the first place.

It seems in these days of lobbyist-written legislation that any time Congress tries to fix anything they end up making the situation even worse.

Congress displayed spectacular legislative incompetence in the Immigration Act of 1990 that created H-1B. Each and every time Congress has addressed H-1B again it has only screwed up the system more. Read more...

Sweden Bears Costs of Denial

By Dan Cadman, April 10, 2017

There is a tendency toward schadenfreude in all of us, and it takes a strong person to swallow those tendencies, particularly when the would-be recipient is a smug, deserving prig.

Back in late February, President Donald Trump made a public comment in reference to the risks inherent in taking on large numbers of unassimilated migrants and would-be refugees by referring to the example of Sweden. ("Look what happened last night in Sweden.") Read more...

Politicizing Use of the Word "Police" in the Cause of Open Borders

By Dan Cadman, April 7, 2017

There are a million kinds of stupid, and sometimes I think that our political leaders, one by one, are bound and determined to show the American people each and every one of them. The latest example comes to us courtesy of Rep. Nydia Velazquez (D-N.Y.).

CNN tells us that "A bill introduced Thursday [by Velazquez] aims to thwart Immigration and Customs Enforcement officers from wearing clothing labeled with the words 'police,' arguing the practice is deceiving."

Velazquez's bill comes on the heels of whining by certain open borders and pro-sanctuary groups about federal agents wearing protective vests and other clothing identifying them as both "ICE" (Immigration and Customs Enforcement) and "POLICE". Some allege to be worried that it may lead to confusion. Read more...

News on Sanctuaries and Remittances

By Dan Cadman, April 7, 2017

A few recent immigration items caught my attention:

Fairfax County, Va.: Sanctuary or No? The Washington Post ran a brief article about Virginia's Fairfax County, one of those that constitute part of the greater metro area around our nation's capital, titled "Fairfax County stops short of sanctuary policy in new immigration guidelines". The county supervisors allegedly opted out and instead voted for a wishy-washy, neither fish-nor-fowl policy. As the Post put it, "Virginia's largest jurisdiction on Tuesday declared itself a welcoming and accepting place for immigrants but steered clear of the word 'sanctuary,' a term that could spark a backlash from the Trump administration." Read more...

As Enforcement Tightens, Hondurans Find Alternative Destinations

By Kausha Luna, April 6, 2017

As enforcement tightens at the U.S. border and coyotes continue extortion tactics, Honduran migrants are looking to other countries, including Honduras, as final destinations.

Sally Valladares, coordinator of the Honduran Observatory of International Migration (OMIH), notes that many Hondurans may not take the risk of crossing the U.S. border, given the current political climate, and will instead stay in Mexico. However, Hondurans are also struggling to make it across Mexico's southern border. As of March, the Honduran Ministry of Foreign Affairs registered the return of 12,566 Hondurans so far this year. Of those registered, 5,771 were deported from the United States and 6,787 from Mexico. Consequently, Valladares expects that Honduran migration to Costa Rica, Canada, and Spain may increase. Read more...

Chinese Americans, Again, Fleece Mainland Chinese in $50M EB-5 Scam

By David North, April 6, 2017

With the main part of the EB-5 (immigrant investor) program about to sunset on April 28, its defenders are facing yet another scam, at the $50 million level, in which Chinese-Americans fleeced Mainland China investors.

Yesterday federal agents raided the offices of the California Investment Immigration Fund in San Gabriel, an EB-5 regional center, according to the Associated Press.

The timing could not have been better for those seeking either the reform of, or (less likely) the termination of the program. Read more...

Selective Constitutionality under the Obama Justice Department

By Dan Cadman, April 6, 2017

The Washington Post is reporting that Attorney General Jeff Sessions has ordered senior Department of Justice (DOJ) officials to review all police reform agreements signed, or initiated and yet pending, between DOJ and some 25 police departments nationwide.

According to the article, Sessions wants to ensure that the agreements — all of them initiated by the Obama administration, and most under the pressure of lawsuits — don't work against the goals of promoting officer safety and morale while fighting violent crime. I have nothing much to say about all of that, other than it sounds reasonable enough, because it's outside the scope of immigration matters. Read more...

Pepsi – and ICE

By Andrew R. Arthur, April 6, 2017

A Pepsi commercial featuring Kendall Jenner is currently trending on Twitter and Facebook. (Pepsi pulled the ad yesterday after an outcry.) Jenner's encounter with a police officer at the climax of the ad reminded me of the arguments of critics in the ongoing debate on immigration enforcement.

The commercial begins with Jenner (a member of the extended Kardashian family) modeling for a photo shoot as a protest march assembles in the street outside. She joins the marchers, who are confronted by stone-faced police officers, some in riot gear. The assembled crowd flashes peace signs at the police, who stand stoically by, all business. Read more...

Kill the Filibuster to Fix Immigration

By Dan Cadman, April 6, 2017

Fred Bauer has written an interesting opinion piece for National Review Online, "The Rule XIX Solution", in which he suggests that there is a way to sidestep "going nuclear" and ending the Senate's filibuster rule so that body can then proceed to a vote on whether or not to confirm Supreme Court nominee Neil Gorsuch.

Bauer, pointing to ideas from officials at the Federalist and the Heritage Foundation, suggests that if this obscure rule were invoked, senators would be allowed to filibuster, but not forever: Read more...

Is the H-4 Rule on Its Way Out?

By John Miano, April 6, 2017

An update is in order on the H-4 (spouses and children under 21 years of age of H-1B visa holders) work authorization case: Save Jobs USA v. U.S. Dep't of Homeland Security. While the case got little attention initially, over the past few weeks there has been a surge of coverage, consisting largely of misleading plant pieces and mindless hysteria.

A little bit of history is in order first. Administrative abuse has been a constant problem with the immigration system. Congress authorizes the executive to do certain things and then the president does whatever he wants. One recurring problem has been the executive authorizing alien employment on improper visas. In fact, the H-1B program was created in response to such abuse. Read more...

More Evidence of Charlie Beck's and Eric Garcetti's Disingenuousness

By Dan Cadman, April 5, 2017

A few days ago, I blogged about Los Angeles Police Department (LAPD) Chief Charlie Beck's specious claim that a short-term drop in domestic violence cases involving Hispanics was proof of the chilling effect of immigration enforcement efforts on local policing.

It was such an obvious case of cherry-picking statistical data that no serious observer of either policing or immigration enforcement could possibly take it seriously; it's clear that Beck's purpose was political, not an expression of interest in effective community policing. And, of course, he achieved that purpose by generating lots of publicity at a time when many Americans are starting to wake up to the dangers of sanctuary city policies in various parts of the country, including Los Angeles. Beck was engaged in a pushback effort to try to stave off the very real possibility that LAPD is going to lose federal funds as a result of its noncooperation policies. Read more...

H-1B Disclosure Data Show Employer's Wage Savings

By John Miano, April 5, 2017

CNBC just posted a story in which the CEO of Vectra Networks promotes the H-1B visa program. He states that the company seeks to hire the "best and brightest" and the H-1B is a "crucial program".

This is where the H-1B disclosure data ought to be the reporter's best friend. Sadly very few in the media do such a check. Read more...

Absurd Responses from Sanctuary Jurisdiction Leaders after DHS Meeting

By Dan Cadman, April 4, 2017

On March 29, Department of Homeland Security (DHS) Secretary John Kelly held a meeting with various mayors, sheriffs, and municipal leaders to discuss the pressing problem of sanctuaries: state and local governments that, in one way or another, forbid or impede their law enforcement agencies from cooperating with immigration agents by refusing to honor detainers filed against alien criminals, by obstructing the flow of information about such aliens, by denying agents access to incarcerated aliens for purposes of interviews, or by declaring "safe zones" in which they will attempt to physically prevent agents from access. Read more...

Tsunami of UACs May Be Nearing an End

By Joseph J. Kolb, April 3, 2017

The crisis of unaccompanied minors (UACs) and family units being apprehended by the U.S. Border Patrol is showing signs of going from a tsunami to a steady and more manageable flow, providing cause for cautious optimism and relief for communities inundated by unaccompanied minors and the horrific crimes that have recently occurred.

Recent data released by the Border Patrol shows what may be construed as a last ditch effort by UACs to cross the border and be placed in more than a hundred communities in the United States by the Office of Refugee Resettlement (part of the U.S. Department of Health and Human Services). Read more...

Big Missed Opportunity, but Don't Panic on H-1B - Yet

By John Miano, April 3, 2017

Today is the start of this year's H-1B season. Many groups that supported President Trump have been urging him to replace the purely random visa lottery with one that emphasizes wages and skills. A change in the lottery process could easily have been implemented before this year's H-1B season and it would have demonstrated that the president intends to take action on the H-1B cesspool.

It is not clear that President Trump will do anything about the allocation of H-1B visas this year. This is a great disappointment. This is an issue the president campaigned on. It is an issue he won on. Doing something about the H-1B lottery would have been an easy win for the president. And the press is already mocking the president over this failure.

But I am not panicking — yet. Read more...

'The Case Against Immigration' in the Journal 'Foreign Affairs'

By Steven A. Camarota, March 31, 2017

From a piece by me posted today at the Foreign Affairs site:

In the United States, there is strong evidence that the national interest has not been well served by the country’s immigration policy over the last five decades. Even as levels of immigration have approached historic highs, debate on the topic has been subdued, and policymakers and opinion leaders in both parties have tended to overstate the benefits and understate or ignore the costs of immigration. It would make a great deal of sense for the country to reform its immigration policies by more vigorously enforcing existing laws, and by moving away from the current system, which primarily admits immigrants based on family relationships, toward one based on the interests of Americans.

Interior Secretaries Say the Darnedest Things

By Dan Cadman, March 30, 2017

Back when I was working for the federal government, I'd occasionally come upon a person I thought exhibited quiet strength and wisdom when I'd see them sitting through various meetings or whatever. Sometimes on getting to know them, and with closer scrutiny, I'd discover to my consternation that they really weren't very smart at all, but the one single piece of wisdom they'd absorbed is that it's better to stay silent and leave your intellect in question than open your mouth and dispel any doubt whatever that you are shallow or a fool.

News media are reporting that Montana Congressman-turned-Interior Secretary Ryan Zinke said publicly that since we don't want to spoil our view of the Rio Grande or put the border wall plunk down into the middle of it, we should put it on the Mexican side. Needless to say, opponents of the Trump administration, opponents of the wall, and pundits in general had a field day. Read more...