Immigration Blog

Bad News from the Badlands – FBI Probe of EB-5 Ends with No Indictments

By David North, June 26, 2015

The acting U.S. attorney in South Dakota, Randy Seiler, has decided that there are no grounds to indict anyone for the various EB-5 scandals in that state, a subject I have written about frequently in the past.

The decision came from Seiler after he reviewed an FBI report on the subject. That report was not made public, according to the state's largest newspaper, the Argus Leader.

This is bad news because these scandals, complex as they may be, are outrageous and bipartisan in origin and whitewash has been applied liberally by both parties. EB-5 rewards an alien who chips in half a million dollars to a Department of Homeland Security-sanctioned (but not assured) investment in the States in exchange for a family-sized collection of green cards. Read more...

DHS Creates TPS Status for Nepalis

By David North, June 24, 2015

The Secretary of Homeland Security has just added Nepal to the list of nations whose citizens can apply for Temporary Protected Status in the United States. This brings the current list of such nations to an even dozen.

The rationale was the recent earthquake in that country. Read more...

More Chaos in EU Migration, This Time at the "Chunnel"

By Dan Cadman, June 24, 2015

British and French media outlets have been reporting on a strike by French workers at the Calais ferry crossing giving access to Britain. The ferry is often used by cargo trucks ("lorries") and other commercial vehicles. Striking workers broke into the secure area surrounding the ferry access points, shutting down the operation in its entirety and causing French authorities to react by sending in riot police. Read more...

Virgin Islands Governor Uses EB-5 as an Excuse for Mainland Trips

By David North, June 24, 2015

The following is taken from the June 19, 2015, Virgin Islands Daily News (The "he" is the VI's governor, Kenneth Mapp):

"The EB-5 program is a specialized program, and any law firm really don't do EB-5 work, and they don't have the relationship with the State Department and the Department of Homeland Security in dealing with the background issues to be able to grant someone EB-5 status," he said.

The Supreme Court Provides a Win to Sovereignty, Security, and Common Sense

By Dan Cadman, June 23, 2015

The Supreme Court recently issued a decision in an immigration-related case Kerry, Secretary of State, et al. v. Din. The decision reaffirms that although people have the right to marry anyone they like, if the spouse is a foreigner, he or she has no intrinsic right to enter the United States when excludable under any of the grounds laid out by law.

To people like myself, it is one of the rare victories these days in an increasingly beleaguered national immigration system under peril from open borders advocates who persistently push the boundaries of sovereignty and common sense. Read more...

Ghosts of Abusers Past Can Give Legal Status to Some Aliens

By David North, June 23, 2015

The abusing spouse (probably the husband) is dead and has been for nearly two years.

The abused spouse is not a legal U.S. resident, but she can claim green card status because of the abuse she suffered at his hands even though it would be impossible, by definition, for the abuse to happen again.

This highly specialized, not totally rational piece of our immigration policy is not, in this case, an invention of the USCIS. Instead, it was produced by Congress. Read more...

Vast Ramifications in Senate Obamatrade Vote Tuesday

By Jessica Vaughan, June 22, 2015

Tomorrow the Senate will have to vote again whether to give President Obama fast-track authority to negotiate trade agreements that will have an enormous impact on the U.S. economy and future job prospects for U.S. workers — and significantly constrain congressional authority over U.S. immigration policy. Read more...

Senators Vote to Allow Visa Waivers for Poland

By Jessica Vaughan, June 22, 2015

On Thursday, a Senate committee voted to add Poland to the Visa Waiver Program (VWP) at the request of Sen. Mark Kirk (R-Ill.) and Sen. Barbara Mikulski (D-Md.), despite the fact that Poland has too high a visa refusal rate to participate. Expanding this risky program to unqualified countries at a time when immigration laws are not enforced, particularly against visa overstayers, would only invite even more illegal immigration.

The measure was approved by the Senate Appropriations Committee as an amendment to the Senate's version of the DHS appropriations bill (the House version has not yet been finalized). Read more...

PEP Rallies Diffuse Responsibility at ICE

By Dan Cadman, June 18, 2015

Immigration and Customs Enforcement (ICE) Director Sarah Saldana recently issued an all-hands email broadcast to ICE employees about the new Priority Enforcement Program (PEP). She was perhaps responding to criticism that the program, announced by Department of Homeland Security (DHS) Secretary Jeh Johnson to replace the Secure Communities program he ordered dismantled in November, was amorphous and unexplained, or perhaps she was reacting to the filing of a Freedom of Information Act lawsuit against the government to discover the detailed workings of PEP. Read more...

Disney and Illusion: The Great H-1B Visa Heist

By Jerry Kammer, June 18, 2015

The annals of corporate disregard for the well-being of workers should hold a place for a new, disenchanting story from the Magic Kingdom. A famed American institution, Disney Parks and Resorts has managed not only to lay off American tech workers so it can hire cheaper foreign workers, it has required the departing Americans to train their foreign replacements. Read more...

Obama Is Right: His Father Was Not an "Immigrant"

By Jon Feere, June 18, 2015

President Obama recently recognized the so-called "Immigrant Heritage Month" — a phony creation of cheap labor lobbyists at Facebook's The unofficial designation is simply a facade designed to advance Obama's amnesty agenda and help companies obtain cheap tech workers from abroad.

During his weekly address on the subject, Obama promised to push for more immigration despite high unemployment, but also made an admission that highlights the inaccurate language used all too often in the immigration debate. Without realizing it, Obama supported those of us who prefer use of accurate terminology when discussing immigration.

Obama noted that his "father was not an immigrant". This is true. An "immigrant" as defined by Merriam-Webster, is a person who moves to a country to take up "permanent residence". Read more...

New York Times Almost Gets It Right on H-1Bs

By John Miano, June 17, 2015

We now even have the New York Times editorial board calling for reform of the H-1B program. While I am glad to have them on board, the editorial does make a couple of serious factual mistakes.

First, the Times states that employers are using "loopholes" to replace Americans. These are not loopholes. In 1998, Congress explicitly made it legal to replace Americans with H-1B workers in nearly all circumstances. In 2004, Congress explicitly gave employers the ability to pay H-1B workers extremely low wages. Read more...

Government Rhetoric Doesn't Meet Reality for Alien Smuggling or Other Immigration Prosecutions

By Dan Cadman, June 17, 2015

When the president gave his prime-time national television address last November to announce the series of executive actions his administration was pursuing (many of which are now barred by a federal court restraining order pending appellate hearing), he made a point of suggesting that he would be balancing the grant of deferred action and work permits to millions of illegal aliens on the one hand, with strong steps to curb the most egregious aspects of illegal immigration. He spoke of focusing on "felons, not families" and putting an emphasis on interdicting criminals and gangs — exactly the kind of individuals who make up the alien smuggling organizations that are getting rich trafficking in human misery across our southern frontier.

Many people, myself included, have questioned the administration's sincere commitment to any kind of serious immigration enforcement goals, including the kind outlined in the president's remarks, and with good reason. Read more...

Another High-Profile Advocate for Illegal Aliens Bites the Dust in Utah

By Ronald W. Mortensen, June 15, 2015

Illegal aliens in Utah, along with the Obama administration and amnesty advocacy groups, are mourning the forced resignation of Utah's pro-amnesty Salt Lake City police chief, Chris Burbank, who abruptly surrendered his gun and badge following his mishandling of a sexual harassment case.

Burbank's resignation comes after former Utah Attorney General Mark Shurtleff, another darling of illegal aliens, pro-amnesty groups, and the Obama administration, was charged with nine felonies, including bribery, illegally accepting gifts, and obstruction of justice. Read more...

Is Australia Paying Smugglers to Stay Away?

By Dan Cadman, June 15, 2015

Recently I had occasion to blog about Australia, which is poised to pass a law that will aid in denaturalizing foreign-born terrorists and terrorist supporters who immigrated to the country and then took the oath of citizenship.

I approve of the law, said so in the blog, and observed pointedly that our own country has failed in such attempts. But I also poked some gentle fun at Aussie Prime Minister Tony Abbott for walking back the original parameters of the legislation (which would have included Australian first-generation children born of immigrants) because of misplaced concerns over leaving terrorists stripped of citizenship "stateless". Read more...

Establishing Accountability at DHS

By Dan Cadman, June 12, 2015

A short while back, a particularly sharp congressional staffer observed to my colleague, CIS Director of Policy Studies Jessica Vaughan, that federal law provides for disciplinary sanctions against Department of State consular officers ("conoffs") who screw up in particular ways during the visa vetting and issuing process. The staffer wondered why there were no similar provisions for Department of Homeland Security (DHS) officers and agents working the spectrum of immigration benefits-granting and enforcement. Read more...

Obama Wants to Expand OPT for Alien Graduates, Grassley to Rein It In

By David North, June 12, 2015

The president wants to expand and extend the Optional Practical Training Program for recent alien college graduates, and Sen. Chuck Grassley (R-Iowa), chairman of the Senate's Judiciary Committee wants to rein it in.

OPT is one of the multitude of foreign worker programs that usually operate under the radar, with few paying attention to them. While DHS describes these workers as "students", OPT has nothing to do with either students or studying. Instead it allows some foreign graduates of U.S. universities to work after they have graduated for up to 29 months, while simultaneously giving the employers of the OPT aliens bonuses for hiring them rather than resident workers, as we have pointed out earlier. Read more...

Preventing Terror Through Deportation

By Dan Cadman, June 11, 2015

Sometimes when you're trying to get a fix on what your nation's policies and practices are on a particular subject it's helpful to do a quick-and-dirty survey of what's going on elsewhere in the world, and how other countries are confronting that subject. This thought has been with me lately in regard to terrorism.

President Obama caught Americans by surprise when, unscripted at the G-7 meeting in Germany, he admitted we have no complete strategy for confronting the Islamic State terrorist group, which has not only made great geographic strides in taking over swaths of Syria and Iraq, but has also inspired a number of attacks in the United States and several other countries. Read more...

Tribal Chiefs Win: No Automatic Citizenship for Samoans

By David North, June 11, 2015

A few months ago, I wrote about the odd fact that American Samoa's tribal chiefs and elected politicians all wanted to deny U.S. citizenship for Samoans born in those islands; they wanted to preserve the status quo. The Samoans are now U.S. nationals, which is something just short of citizenship. Read more...

Where Has All the Refugee Resettlement Money Gone?

By Dan Cadman, June 10, 2015

The Department of Justice's Office of Inspector General (DOJ OIG) released a report this month entitled "Audit of the Office of Justice Programs Services for Victims of Human Trafficking Grant Awarded to Catholic Charities, Archdiocese of San Antonio, Inc., Texas". The grant was for a substantial amount of money, $810,000, of which $730,491 has already been disbursed, and was intended to further the work of the South Texas Coalition Against Human Trafficking and Slavery (STCAHTS). Read more...

Would You Put Up with This from a House Guest?

By Mark Krikorian, June 9, 2015

The Washington Times reports that Immigration and Customs Enforcement has flagged Darron Wint for deportation, should he ever be released from prison. That’s unlikely, since he murdered four people, including a 10-year-old boy who was tortured first, in the Washington, D.C., “Mansion Murders.” Read more...

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.

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...