Immigration Blog

Andrew Puzder Should Withdraw

By Dan Cadman, February 10, 2017

Whatever one may think of our new president, it seems clear that by his lights he is trying to keep faith with the American people by making good on his campaign promise of putting their safety and prosperity first on his agenda.

Jobs and trade, controlled immigration, national security — these are the subjects that carried him to the White House. We can see how those subjects translated into his cabinet picks, with one notable and puzzling exception: Andrew Puzder, his nominee to become secretary of Labor. Read more...

H-1B Hiring: Bias within Bias, Discrimination within Discrimination

By David North, February 10, 2017

The employers in the H-1B program (for foreign college grad workers, mostly in IT) say that they must have unlimited access to the world's best and brightest or else America's advances in technology will come to a screeching halt.

But what they, do, in fact, is to hire a remarkably high percentage of their workers who just happen to be:

  • Young,
  • Male, and
  • From just three southern Indian states.

Where Does the Buck Stop?

By John Miano, February 8, 2017

Normally when an illegal garbage dump catches fire and causes serious damage to public property, the blame falls on the various government agencies responsible for public health and safety. In 1989, agencies in the State of New Jersey tried to close down an illegal dump in Newark that was underneath I-78 near the airport. They were blocked by a state court judge who held it was a "legitimate enterprise 'that should be encouraged.'" Shortly thereafter, the garbage pile caught fire and caused the bridges above to buckle and the federal government had to spend millions of dollars to repair the damage. New Jersey's chief justice described the episode as a "serious judicial error". Here, the court, not the agencies, suffered the public wrath for causing a disaster that inflicted a traffic nightmare on the state. Read more...

The RAISE Act: An Immigration Bill for the Average American Joe and Jane

By Dan Cadman, February 8, 2017

When you deal with the subject of immigration over an extended period of time, as I have, one of the uncomfortable realities you must contend with is the nature of most immigration-related legislation. Strip away the fancy bill names, get down into the guts of the language, and you discover that it is all about catering to special interests: big business, big agriculture, this or that group of aliens. Once in a while, it serves (or purports to serve) sweeping national security purposes. But almost never does it serve the interests of the bedrock of our nation: all of the average Joes and average Janes out there who are working hard, often struggling to get by, both parents in a family unit employed if they can find the work, sometimes at more than one job each because the pay or benefits are inadequate. Read more...

The Judiciary Has No Business Second Guessing National Security Issues

By Dan Cadman, February 8, 2017

Yesterday, February 7, the Ninth Circuit Court of Appeals heard oral arguments in the government's appeal to overturn a decision by a U.S. District Court judge in Washington State to impose a "temporary" restraining order on the executive order putting a 90-day timeout on visas for aliens from certain designated high-risk nations. Read more...

President Trump's Executive Order Puts Americans First; at Least 75% of Illegal Aliens Eligible for Deportation

By Ronald W. Mortensen, February 6, 2017

President Trump's Executive Order 13768, "Enhancing Public Safety in the Interior United States", has shocked illegal aliens and their supporters because, unlike the Obama administration, the Trump administration will not "exempt classes or categories of removable aliens from potential enforcement." This means that the vast majority of people unlawfully in the United States are once again subject to deportation. Read more...

Budweiser Brews Fake News to Ice Immigration Concerns

By Jerry Kammer, February 6, 2017

The Washington Post is making me do it.

I wasn't going to write about the Budweiser ad that presents the story of company co-founder Adolphus Busch as the inspirational saga of an immigrant who overcame nativist bigotry to fulfill his dream of brewing a great beer. Read more...

No, Refugees Are Not Already Vigorously Vetted

By Dan Cadman, February 6, 2017

Natasha Hall, a former refugee officer for U.S. Citizenship and Immigration Services (USCIS) has written an op-ed for the Sunday, February 5 edition of the Washington Post, titled "Refugees are already vigorously vetted. I know because I vetted them." Read more...

Aiming Low in the DHS OIG Inquiry into President Trump's Executive Order

By Dan Cadman, February 6, 2017

Amid all the other swirling controversies surrounding President Trump's so-called "Muslim ban" (it isn't, on either count), the Department of Homeland Security Office of Inspector General (DHS OIG) has decided to enter the fray:

Today [February 1], the Department of Homeland Security Office of Inspector General (DHS OIG) announced that it will review DHS' implementation of the recent Executive Order, "Protecting the Nation from Foreign Terrorist Entry into the United States." The review is being initiated in response to congressional request and whistleblower and hotline complaints.

In addition to reviewing the implementation of the Executive Order, the OIG will review DHS' adherence to court orders and allegations of individual misconduct on the part of DHS personnel. If circumstances warrant, the OIG will consider including other issues that may arise during the course of the review.

Stop Immigration Processing as Leverage Against Sanctuaries?

By Kent Lundgren, February 3, 2017

Across the country, local governments are declaring themselves so-called "sanctuaries" for deportable aliens. They refuse to cooperate with immigration enforcement. They refuse to honor detainers placed against dangerous aliens in their jails, releasing them instead back to the community rather than turn them over to federal authorities to be removed from the country. They forbid employees to notify immigration authorities of illegal aliens in our midst, even those drawing public benefits to which they are not, by law, entitled. Their law enforcement officers are not allowed to assist federal officers in enforcement actions against illegal aliens, against whom immigration laws may be used to good effect. In short, those entities resist federal exercise of authority over aliens in this country. Read more...

Draft Order Overlooks Largest Source of Payments to Aliens

By David North, February 1, 2017

A reporter called and asked me about two draft executive orders dealing with immigration that had been located by the Washington Post.

Both orders were dated January 23, and were signed by Andrew Bremberg, the new White House policy director. One was a largely useful, if not always very precise, document dealing with the various ways that American workers should be protected from alien competition, which may be discussed in a later posting. Read more...

Here's a Court Case Where Everybody Should Lose

By David North, February 1, 2017

Here's a civil case (involving migration status) in the California state courts where both sides should lose.

One player is an illegal alien with a short-term DACA partial-legalization card. That relates to the Obama-created Deferred Action on Childhood Arrivals near-amnesty program.

The other is Wells Fargo, a very big bank. Read more...

Obscure Universities (One Now Closed) Got Far More OPTs than the Ivies

By David North, January 31, 2017

In a previous posting, we suggested that the new president could open up 180,000 jobs for U.S. resident by closing down the Optional Practical Training program, which gives recently graduated foreign students up to three years of legal working status after they finish their studies.

While most of the 180,000 jobs would be reasonably well paid, there are several thousand exceptions as the loosely-managed OPT program gave legal working status to many graduates of questionable institutions.

In the table below, we show some university-specific data on the award of the longest of the OPT working permits; they had 29-month durations at the time. These valuable permits went to alien alums with STEM degrees, i.e., in science, technology, engineering, and mathematics. Read more...

Journalists Are Like a Box of Chocolates

By Dan Cadman, January 31, 2017

One of the great observations uttered by Forrest Gump in the movie of the same name is that "Life is like a box of chocolates. You never know what you're gonna get."

In my years of dealing with the media, I've come to realize that journalists are like life and that box of chocolates: you just don't know what you'll get. Some are hardworking, some are lazy; some go out of their way to try to be balanced, others skew whatever you say; some are open-minded, and others are hostile before you've ever even opened your mouth. Read more...

Mexico to Apportion Millions to Fight Deportations from the U.S.

By Dan Cadman, January 31, 2017

The government of Mexico will establish a $50 million fund to provide attorneys to aliens fighting deportation in the immigration courts of the United States.

Interesting.

By happenstance, Section 9 of President Trump's executive order on border security directs all cabinet secretaries to put together a list (to be consolidated by the secretary of state) of all direct and indirect foreign aid given to Mexico in the past five years. The consolidated list is to be provided to the president 60 days after the date the executive order was signed (January 25). Read more...

Hiring Freeze Could Hurt Immigration Control

By David Seminara, January 30, 2017

Though it's been overshadowed by subsequent executive orders on various aspects of immigration, President Trump's federal hiring freeze announcement last week may actually encourage illegal immigration at a time when his administration is supposedly trying to enhance border security. The freeze exempts jobs deemed "necessary to meet national security or public safety responsibilities," but it appears that State Department employees who screen visa applications around the world won't be part of this national security exception. Read more...

TPS Program Conflicts with the Pause in Migration from Seven Countries

By David North, January 30, 2017

One of the ironies of the president's ban on the admission of aliens from seven Muslim-majority nations is that it does not seem to touch the ability of illegal aliens from four of those countries, assuming that they are in the United States, from signing up for temporary legal status under the TPS program, and getting permits that would allow them to work legally in America.

So a non-troubling alien with a brand-new visa cannot enter the nation immediately, but someone who has broken our immigration laws successfully is given benefits. Read more...

How Illegal Aliens Can Pay for the Wall

By David North, January 30, 2017

The president has proposed that the big wall at the southern border should be funded by imposing a 20 percent tariff on all imports from Mexico.

Let's think about that a bit.

I totally agree with the overtone of the president's proposal — let's get someone other than American citizens to help fund the wall (and other migration enforcement activities). To some extent a tariff would do that, but it would lead to higher prices to Americans for products made in Mexico.

But the significant by-product of such a policy would be a less prosperous Mexico — and when that happens illegal immigration increases. Read more...

Trump Can Fix H-1B Cesspool by Shortening Visas and Eliminating Renewals

By John Miano, January 30, 2017

There are many things that President Trump can do to tweak the H-1B cesspool. Real reform would have to come from Congress. However, Obama demonstrated that a president may take extreme measures, not even authorized by statute, that many members of Congress approved of.

Fortunately, President Trump does not have to venture outside of the statutes to do a little cleanup to the H-1B problem. I have described other such potential actions previously. Read more...

Politicized Reporting Parrots Party Line on Trump Executive Order

By John Miano, January 30, 2017

My ancestors had a saying: Quos deus vult perdere, prius dementat—whom the gods wish to destroy, they first deprive of reason.

The American news media has been putting on a demonstration of that principle. Read more...

Sanctuary Mayors: Banty Roosters Crowing as a New Day Dawns

By Dan Cadman, January 27, 2017

The Washington Post published an article on January 26 titled "Trump's intervention into policing, voting and immigration sets up showdown with America's largest cities". Several mayors throughout the country are quoted reacting to recent statements by our newly inaugurated president about policing and immigration. Read more...

Trump Can Create 180,000 New Jobs for Americans — by Using that Pen!

By David North, January 26, 2017

President Trump saved several thousand factory jobs by brow-beating some CEOs, but he could also do something much more useful: He could create about 180,000 new jobs for American college grads just by abolishing an obscure bit of the immigration machinery.

Here's a way to help the middle class without dealing with Congress; the president can do it with a stroke of the pen. It would not be a question of saving existing jobs (as in the case of the factory workers) it would lead to the creation of an additional 180,000 jobs for U.S. residents. Good jobs, too. Read more...

Immigration Enforcement Big Bang

By Mark Krikorian, January 26, 2017

"This is a law-enforcement agency."

That's what President Trump told Department of Homeland Security staff Wednesday after he signed two executive orders on immigration enforcement.

The fact that he had to say that – and that the assembled ICE agents, Border Patrol officers, and others heartily applauded – tells you all you need to know about how badly Obama gutted immigration enforcement and torpedoed employee morale. Read more...

"Truthiness" from the Former President on Voter Identification Practices Worldwide

By Dan Cadman, January 26, 2017

A few days ago, John Fund wrote an article for National Review online: Obama's Final Whopper as President".

The gist of the article is this:

He claimed that other countries don't have voter-ID laws, though many do. ...

Remittances from the U.S. Discourage Mexicans from Working

By Kausha Luna, January 25, 2017

Throughout his campaign, President-elect Donald Trump spoke of the possibilities of blocking remittances to Mexico or imposing taxes on these transfers, in order to finance the border wall. In response, President Mexican Peña Nieto recently stated that "millions of Mexican families, principally those of low means, depend on these resources."

Mexico's concerns are underlined by the fact that remittances are the second highest source of income for the country, behind automotive exports. At the global scale, Mexico is the fourth-largest remittance recipient, following India, China, and the Philippines. Regionally, Mexico accounts for over one-third of remittances sent to Latin American (37.9 percent), making it the top recipient. Guatemala falls second in the region, and receives four times less than Mexico (9.2 percent). Read more...

Needlessly Risking Naturalization Integrity with Failed Systems

By Dan Cadman, January 24, 2017

The Department of Homeland Security Office of Inspector General (DHS OIG) has issued a strongly worded report (as such oversight reports go), touching on a potentially perilous and unresolved naturalization issue at U.S. Citizenship and Immigration Services (USCIS), the immigration benefits adjudicating agency. It is called "Management Alert - U.S. Citizenship and Immigration Services' Use of the Electronic Immigration System for Naturalization Benefits Processing", dated January 19. Despite the typically dry bureaucratically title, the report raises significant problems. Read more...

Mexican President Outlines Objectives for Relations with New U.S. Administration

By Kausha Luna, January 24, 2017

On Monday, Mexican President Enrique Peña Nieto announced Mexico's top principles and objectives for its relationship with the United States under the new Trump administration. Read more...

The Security Risks when Cities Provide Funds to Fight Deportation

By Dan Cadman, January 24, 2017

Britain, which is attempting to deport radical Islamist preacher Hani al-Sibai, has reportedly over the course of several years provided him with £123,000 in legal aid to fight the effort.

It seems topsy-turvy, in fact downright crazy, doesn't it, that a government would give an alien the funds to fight that same government's effort to remove him? Especially when the alien is a hate-filled zealot who sits like poison in the heart of a western democracy with the avowed intent to subvert it at every turn?

Here in the United States, we can rest secure in the assurance this would not happen, because the law is clear that aliens fighting deportation have the right to an attorney — but only at their own expense. (See Sec. 292 of the Immigration and Nationality Act.) Or can we? Read more...

Obama Administration Tackled Tricky Issue of Transgender Immigration at the 11th Hour

By Dan Cadman, January 24, 2017

Just one day before the inauguration of Donald Trump as president, U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS) agency charged with adjudication and administration of immigration benefits, issued a policy memorandum: "Revision of Adjudicator's Field Manual Subchapter 10.22 - Change of Gender Designation on Documents Issued by U.S. Citizenship and Immigration Services". Read more...

Oracle Sued: White Males, Indians Receive Different Kinds of Favoritism

By David North, January 24, 2017

Oracle, the big IT company, has been sued by the U.S. Department of Labor for simultaneously:

  • Discriminating in favor of white males in terms of compensation; and
  • Discriminating in favor of Indians, in terms of hiring.

While I do not doubt for a minute that the charges are appropriate, it is a strange case. It was filed by the Obama administration within 48 hours of the end of its term; its odd mix of charges is something I have never seen before; and the firm's partial reliance on H-1B workers is not even mentioned, although this is the mechanism it uses to hire many Indian workers. Read more...