Immigration Blog

The Trump Ticket

By Dan Cadman, May 25, 2016

The media has been reporting on a recent meeting between presumptive Republican nominee Donald Trump and Sen. Bob Corker (R-Tenn.) as evidence of Corker being screened for the job of vice president on Trump's ticket. Certainly a number of other Republican lawmakers jumped on the possibility with some enthusiasm, although Sen. Corker himself was typically politician-coy about the subject of the meeting afterward. Read more...

Soccer Camp Ignores Millions of Americans to Exploit H-1B Soccer Coaches

By David North, May 25, 2016

While Mitt Romney has suggested that marrying Donald Trump is a job Americans won't do (66.67 percent of his wives, to date, have been foreign-born), playing soccer does not fall into that category.

Wikipedia says that 24 million Americans were playing soccer in 2006, while another source, Statista, puts the number at 14.74 million in 2015. In short, millions and millions.

Let's assume that no more than one out of 500 of the players (0.2 percent) is good enough to coach others; using the Wikipedia numbers, we would still have 48,000 potential coaches. Using the other source there would be 29,480 potential soccer workers. If we assumed that 1 percent of the players were good enough to be coaches, there would be a work force of close to a quarter of a million to choose from. Read more...

What Is an "Appropriate" Surety Company for Immigration Bond Purposes?

By Dan Cadman, May 24, 2016

A friend sent me a curious article from the News Leader newspaper in Virginia detailing a lawsuit filed by Nexus Services, Inc., a company that provides immigration bond and alternative-to-detention (ATD) services for aliens charged in removal proceedings.

The company is alleging conspiracy by Staunton County, Va., officials with a competing bond company owner to dispossess them of their recent attempts to move into the business of providing criminal bail bonds as well. Read more...

Opposition To "Illegal Aliens" Is Opposition To Borders

By Jon Feere, May 24, 2016

Those who are driving the effort to control and contort language in the immigration debate are not truly motivated by the notion that the term "illegal alien" is a pejorative. This is a distraction. The real goal of those demanding that media outlets, courts, and now the Library of Congress supplant accurate legal terminology with activist-created terms is to eradicate the distinction between citizen and non-citizen, between legal activity and illegal activity, between "us" and "them" so that the concept of borders and the nation state slowly slip away. Any official heading an organization or governmental agency who thinks they are being sensitive by bowing to demands to alter their use of language is being played by the open-border crowd. Read more...

Elon Musk's Name Is Mud in the Foreign Worker Field

By David North, May 23, 2016

Silicon Valley's highly regarded innovator Elon Musk — he of Tesla fame — turns out to be just another exploitative user of what I regard as illegal alien workers, according to a detailed expose by the San Jose Mercury News.

In this case, the workers are from Eastern Europe and they have been allowed by our lackadaisical State Department to use B-1 (business) visas to enter the United States to do manual labor building Tesla's factory to make electric cars. Such visas may be used for commercial activities such as signing agreements and training people in the use of foreign-produced machinery, but not for day-to-day construction work. Read more...

Reflections on the EU's "Operation Sophia"

By Dan Cadman, May 23, 2016

Not quite two weeks ago, the British House of Lords issued a report based on their examination of "Operation Sophia" and declared it to be a failure. Operation Sophia is the European Union's attempt to end the maritime smuggling of people from the shores of North Africa, primarily Libya, into the EU via Italy. Read more...

Federal Judge Issues Stinging Order on Obama Administration's Conduct in DACA Litigation

By Jon Feere, May 23, 2016

Judge Andrew S. Hanen of Federal District Court in Brownsville, Texas, the court that ordered an injunction on President Obama's controversial illegal alien amnesties, issued a scathing order directed at the Obama administration's Department of Justice (DOJ) about their conduct during court proceedings last year. The underlying case, United States v. Texas, is currently before the Supreme Court. But Judge Hanen's focus in this order is on DOJ attorneys making "statements that clearly did not match the facts" about the Deferred Action for Childhood Arrivals (DACA) program and the fact that the "attorneys effectively misled" the 26 plaintiff states involved in the litigation while violating "virtually every interpretation of candor" expected by a court. Read more...

Univision Has a Go-To Guy for Outrage Against Deportation

By Jerry Kammer, May 20, 2016

Jorge Mario Cabrera is the spokesman for the Coalition for Humane Immigrant Rights of Los Angeles. He is also Univision's go-to guy for denunciations of efforts to enforce immigration law.

Last night, Univision's newscast went to Cabrera again. This time he directed his fury at the arrest of 18-year-old Henry Sanchez of Guatemala by ICE agents. Sanchez came illegally to the United States about a year ago to be with his parents, who came — apparently illegally — more than 10 years ago. Those circumstances made Sanchez a high priority for arrest according to standards adopted by the Obama administration. Those standards made his parents a low priority. Read more...

U.S.-bound Illegal Migration Through Costa Rica: Cubans and More

By Kausha Luna, May 20, 2016

Last Thursday, the Institute of World Politics here in Washington hosted a talk by Costa Rica's ambassador to the United States, Roman Macaya. His comments on migration will be of interest to readers.

Ambassador Macaya began by identifying the migration flows through the region as an issue that can't be ignored – most recently, the increasing flow of Cuban nationals. According to Macaya, Costa Rica saw 2,500 Cubans go through its territory in 2013; the number increased to 5,200 in 2014, and to 22,000 in 2015. He noted that such an uptick in migration from a single country is a significant trend, particularly for a small country like Costa Rica, smaller than West Virginia and with a population of 4.8 million people. Read more...

Common Sense Prevails at the Supreme Court in at Least One Deportation Case

By Dan Cadman, May 20, 2016

In September of last year, I wrote about the Supreme Court reviewing the case of an alien found to be deportable due to an aggravated felony (for which there is no relief) based on his conviction of a state charge of arson.

The Court took the case because of a split in thinking between two different federal circuit courts of appeal. The provision in immigration law outlining aggravated felonies involving arson invokes a federal statute (18 U.S.C. 844(i)), which defines an aggravated felon as "Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce". (Emphasis added.) Read more...

Right of Return, Illegal Alien Edition

By Mark Krikorian, May 20, 2016

At yesterday’s Senate immigration subcommittee hearing, Brandon Judd, head of the Border Patrol agents’ union, decried the “catch and release” policy imposed by the White House. (His statement starts at 2:05:50.) He estimated that some 80 percent of the illegal aliens that are apprehended are released into the United States. The key lines from his statement (emphasis added):

If you are an unaccompanied minor we will not only release you, but will escort you to your final destination.

If you are a family unit, we will release you.

If you claim credible fear [of persecution], we will release you.

If you are a single male and we do not physically see you cross the border and you claim that you have been in this country since 2014, we will release you.

Another EB-5 Developer Sees His Assets Frozen by Court Order

By David North, May 19, 2016

Six days ago I wrote about a Florida/Vermont case in which an EB-5 developer's assets were frozen by court order.

Today's subject is a West Coast EB-5 middleman who is facing the same challenge. Life is never dull in the EB-5 cesspool. Read more...

Mexico Gets a Better Deal than the United States on Cuban Deportations

By Kausha Luna, May 18, 2016

On May 1, amidst the transfer of thousands of visa-less Cubans from Central America to the U.S.-Mexico border, an immigration agreement between Mexico and Cuba came into effect.

The Memorandum, reaffirmed in Mexico last November, aims to establish a "legal, ordered, and secure migratory flow" between Mexico and Cuba. The agreement was originally signed between the two countries in 2008. As such, the Memorandum establishes the following guidelines in relation to illegal immigration and returns: Read more...

Using Expatriating Acts Against Terrorists to Safeguard the Homeland

By Dan Cadman, May 18, 2016

Twice in recent days I've blogged about a remarkable Department of Justice (DOJ) manuscript documenting the foundation and work of DOJ's Office of Special Investigations (OSI) — see here and here.

DOJ buried the manuscript for several years under cover of confidentiality, and finally released a redacted version only to have the unexpurgated document leaked to the New York Times. I'm not generally a fan of the Times' editorial views — too liberal-progressive for my taste, especially in matters of immigration policy — but, like the Washington Post, perhaps simply by virtue of place and circumstance they sometimes perform a public service by publishing suppressed documents of national interest when aided by angry whistleblowers and scorned bureaucrats (the Pentagon Papers and Watergate come quickly to mind). Read more...

EB-5 Funds Created Jobs, but Workers Were Not Paid

By David North, May 17, 2016

Here's a new wrinkle in the EB-5 business: An employer got millions in EB-5 funds to run a shrimp farm and then didn't pay its workers.

Does the business get credit for creating these jobs without paychecks? Do the investors get their green cards anyway? As you might imagine, answers are not readily available.

Florida Organic Aquaculture, a for-profit enterprise, is a 22-acre shrimp farm in Fellsmere, Fla., and is reported by one news account to be a $16 million project that involved an unstated, but apparently substantial, amount of EB-5 investments. Read more...

F.H. Buckley: Canada Is a More Successful Melting Pot than the U.S.

By Jerry Kammer, May 17, 2016

Yesterday's post reported on the appearance last week of George Mason law professor F.H. Buckley on MSNBC's Morning Joe program. Today we have more thoughts from the professor, who holds both U.S. and Canadian citizenship and says Canada has a better system of legal immigration than the United States because Canada, he notes, prioritizes the selection of immigrants who have skills and educational achievement that will allow them to integrate into the country's cultural and economic life. The U.S. system for awarding green cards, meanwhile, is heavily weighted toward family unification, i.e., allowing migrants who are already here to bring over their relatives, without regard to skill. Read more...

"Schrodinger's Immigrant" Is No Paradox: Welfare and Work Go Together in Today's America

By Jason Richwine, May 17, 2016

Immigration skeptics need to get their stories straight, according to a misleading internet meme that has been going around the past couple of years. Immigrants either compete with natives for jobs, or they go on welfare. It can't be both, right? That's the point of the graphic below, which is a play on the famous Schrodinger's Cat paradox. "Too lazy to work" is presumably a reference to concerns about immigrants using welfare, which other iterations have made explicit. Read more...

This Is Getting Monotonous – Third Indian-on-Indian H-1B Scandal in 12 Days

By David North, May 16, 2016

This is getting monotonous. On May 4 we reported a middle-sized case of H-1B fraud involving both the loss of jobs to U.S. residents and the exploitation of Indian workers by Indian criminal employers in Virginia.

On May 12 we wrote about a somewhat similar case in California, and today we have the third case in the set, this time in Memphis, Tenn. Three cases in 12 days, all in the federal courts.

This time the corrupt employer, Ramesh Basa, has pled out and has agreed that the feds can seize six pieces of his real estate valued at half a million dollars as part of the deal. The agreement also included a joint recommendation by attorneys on both sides of the case for a one-year jail term for Basa. Read more...

Temporary Protected Status Means Never Having to Go Home

By Mark Krikorian, May 16, 2016

Congress in 1990 created something called Temporary Protected Status in an attempt to hem in unilateral executive actions on immigration. The law created a framework for presidents to let illegal aliens from a country stay here for a limited period of time if there was a natural disaster or civil violence back home that made the country "unable, temporarily, to adequately handle the return of its nationals." The point was to prevent presidential freelancing, though what had happened up to that time was microscopic compared to Obama's outrages. (I wrote last month about the likely grant of TPS to Ecuadorian illegals in the wake of the earthquake there.) Read more...

U.S. Immigration Policy Imports Immobility and Boosts American Aristocracy, New Book Says

By Jerry Kammer, May 16, 2016

As we at CIS prepare for our annual week-long border trip, which this year takes us to the Canadian border with New York and Vermont, I have been reading up on our northern neighbor's approach to border management and immigration policy. So my ears perked up last week when a native of Canada who studies immigration policy was a guest on the Morning Joe program. Read more...

"Make America Mexico Again"

By Dan Cadman, May 16, 2016

A number of observers have commented on the proliferation of Mexican flags at rallies in favor of amnesty and open borders, as well as at anti-Trump demonstrations. They've also noticed the "Make America Mexico Again" slogan showing up on signs, hats, and hashtags — supposedly as a humorous meme, but almost certainly one that exhibits more than a grain of serious intent behind it, even though such an intent would be ironic in the extreme. Read more...

OPT Case Headed Back to District Court

By John Miano, May 16, 2016

The latest in the 8-year-old legal saga of Optional Practical Training (OPT) is that the D.C. Circuit Court has dismissed the case. This is not as ominous as it might sound. The effect is that the case goes back to the lower court, the D.C. District. Read more...

It Ain't Over 'til the Alien Wins

By Mark Krikorian, May 15, 2016

"Immigration cases — like old soldiers — seem never to die."

That's the opening line of the First Circuit Court of Appeals ruling in a recent case that exemplifies the relentless war on America's borders being waged by immigration lawyers and their illegal-alien clients.

This is an utterly conventional case, like thousands of others that clog the courts, the result of "serial attempts to revisit a final order of removal" (a deportation order), in the words of the ruling. The alien plaintiff's 20-year campaign of lies and immigration fraud shows what our immigration-enforcement system is up against. Read more...

A Blundering Bad Guy in Vermont and Other EB-5 Notes

By David North, May 13, 2016

Multiple EB-5 developments — all discouraging for the program's backers — are coming hard and fast as the September 30 termination of the main part of the program looms. Read more...

ICE Announces the Arrest of 84 Criminal Aliens – but What Else Should We Be Asking?

By Dan Cadman, May 13, 2016

I admit to spending several minutes pondering before I committed the following blog to writing. This is because when an agency does something good you want to applaud it, thus encouraging more of the same. But under the Obama administration, serious issues — particularly immigration issues — have become so politicized, convoluted, and messy that nothing is ever as it seems.

On May 11, Immigration and Customs Enforcement (ICE) announced the round-up of 84 criminal aliens, all of whom had serious offense histories. These are the kind of people you want to see off the streets of our communities. Various news media dutifully reported the arrests (see, for instance, here and here).

That's great, as far as it goes, but a really enterprising reporter would have followed up with a few questions: Read more...

No, Deporting Illegal Immigrants Would Not Make Americans $600 Billion Poorer

By Jason Richwine, May 13, 2016

The American Action Forum (AAF) published a study last week arguing that the U.S. economy would lose as much as $623 billion in labor output if illegal immigrants were deported. The AAF portrayed this as a major economic loss for Americans, and a credulous media went along with it. "Tremendously expensive," according to Townhall. "Economic havoc," proclaimed Politico. "A devastating blow," said The Week. Read more...

Yet Another Indian-Exploits-Indian Case of H-1B Fraud

By David North, May 12, 2016

Last week one of my informants sent me an article headlined "US: 4 Indian-Americans charged with H-1B fraud".

Since I had written a blog post a few days earlier involving five Indian-Americans in a case of H-1B fraud, my initial assumption was that the headline writer simply had the wrong number of culprits.

It turned out, however, that the five earlier ones were in Virginia, while the four current ones were in California. Two completely separate cases, but with many of the same characteristics: Read more...

New Yorker Surprise: Understanding for Trump's Appeal Among the White Working Class

By Jerry Kammer, May 12, 2016

This blog has posted several laments about the sneering New Yorker disdain for those of us who oppose illegal immigration or want to reduce legal immigration. Six years ago, I noted the complaint by the magazine’s William Finnegan that: "Anti-immigrant groups, which have proliferated in recent years, are not racist by nature, but they certainly attract racists and give them a platform." I added this response to Finnegan: "So what's your point for those of us whose concerns are non-racist, and in many cases rooted in progressive values? Shut up or you’ll be smeared?" Read more...

Should We Be Satisfied That Immigrants Are "A Better Class of Underclass"?

By Jason Richwine, May 11, 2016

On Monday, CIS published my new study comparing the welfare consumption of immigrant and native households. It shows that immigrant households consume an average of about $6,200 worth of welfare dollars, while native households consume about $4,400. The main reasons for the difference are the lower level of education and greater number of children in immigrant households.

This new report is CIS's second analysis of the Census Bureau's Survey of Income Program Participation. The first study (released last September) focused on participation rates, showing that 51 percent of immigrant households used some form of welfare. Now we are able to quantify the costs associated with that participation. Read more...

Problems with the Treaty Trader and Treaty Investor Programs

By David North, May 11, 2016

Last month we published 20 years of data on the E-1 (Treaty Trader) and E-2 (Treaty Investor) nonimmigrant programs. The tables, covering the years 1994 to 2013, show that the number of visas issued in the E-1 category dropped from over 11,000 a year to about 7,000, while issuances of E-2 visas moved in the opposite direction, from about 19,000 to about 35,000 a year. Data for 2104 show E-1 visas at 7,330 and E-2 visas at 36,825. Read more...