Immigration Blog

Transfer of U.S.-Bound Cubans: A Failed Operation?

By Kausha Luna, March 16, 2016

As Costa Rica and Panama conclude the transfer of U.S.-bound Cubans to Mexico, it is worth asking: Was this plan a success or a failure? Read more...

H-1B Worker Driven Deep into Poverty Sues Employer

By David North, March 16, 2016

The H-1B worker wanted a few days off work so that he could visit his dying father in India; his employer (a fellow Indian) said not until you give me $300.

The H-1B did not have the money so he never saw his father alive again. Or so one side argues in federal court.

At a time when a lot of H-1B controversies deal with whether the worker should get $90,000 a year rather than $70,000 it is a splash of cold water to the face to encounter an H-1B conflict where real poverty is involved. Read more...

DHS Gets Less Data on EB-5 Middlemen than Amex Does on Card Holders

By David North, March 16, 2016

Suppose you want a formal license from the U.S. government that allows you to raise tens of millions of dollars in investments through a government-promoted program that makes aliens into green card holders, a program in which you, the middleman, can levy fees on the aliens without limit?

Suppose, on the other hand, you want a credit card?

Which application do you suppose asks more personal questions of the applicant, the one for the fraud-plagued EB-5 immigrant investor program or for the credit card? Here is the full list of all the personal questions asked in these two programs: Read more...

USCIS Stiff-Armed ICE in San Bernardino Terror Investigation

By Jessica Vaughan, March 15, 2016

Sen. Ron Johnson (R-Wisc.) revealed at a hearing today that on December 3, 2015, the day after the San Bernardino terror attack, USCIS managers obstructed ICE agents from entering the USCIS office building to try to arrest Enrique Marquez, an accomplice in the December 2 plot, and possibly others. Marquez, who supplied some of the weapons used by Syed Farook and Tashfeen Malik in their attack, had been expected at the USCIS building for an interview in connection with his sham green-card-motivated marriage to a Russian woman. The USCIS manager apparently also refused to share the file on "Mr. and Mrs." Marquez with the ICE agents. Read more...

Illegal Immigrants Should Not Receive Taxpayer-Subsidized Attorneys

By Jon Feere, March 15, 2016

Once again, Democrats are trying to force taxpayers to foot the bill for illegal aliens. This time, it's about providing them "free" attorneys at immigration hearings. Though the legislation is being marketed as being for minors, the misleadingly titled "Fair Day In Court for Kids Act" would benefit any illegal alien "whose circumstances are such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings." Make no mistake: the goal is to put taxpayers on the hook for lawyers for all illegal aliens facing deportation.

Because it is a civil proceeding, there is no constitutional right to an attorney in immigration court; the Sixth Amendment only guarantees the right to counsel to individuals in a criminal trial. This means that Americans must pay for their own attorney, should they want one, during a child custody battle, a divorce proceeding, or a landlord-tenant dispute, for example. Since immigration cases are not criminal, illegal aliens must similarly pay for an attorney. Read more...

If the EB-5 Developer Can't Count the Zeroes, Look for Another Broker

By David North, March 15, 2016

An as example of how slipshod some EB-5 offers can be, here's a developer who has run an uncorrected proposal on the Internet for weeks that manages to confuse $1.575 billion with $157.5 million. The EB-5 program offers a family-sized set of green cards to aliens ponying up $500,000 investments.

The proposal sounds, at first, to be interesting:

Free to Kill: 124 Criminal Aliens Released By Obama Policies Charged with Homicide Since 2010

By Jessica Vaughan, March 14, 2016

In response to congressional inquiries, ICE has released information on some of the criminal aliens who have been released by the agency since 2010. Specifically, ICE provided information on aliens who were charged with homicides after being released and aliens who were released multiple times by ICE. Read more...

How the Democratic Debate Played in Central America: Some Perspectives on Non-Enforcement Pandering

By Jerry Kammer, March 14, 2016

Last week's Democratic debate was a remarkable example of how far Hillary Clinton and Bernie Sanders are pushing their party to pander to the Hispanic vote. Their competition for the title of "most lax on border enforcement" was closely watched in many countries. Here is the lead of the story in the Honduran newspaper La Prensa: Read more...

Immigration and the GOP Debate: How Many?

By Mark Krikorian, March 11, 2016

The Washington Times’ Stephen Dinan also took the radical step last night of asking the Republican candidates about the level of legal immigration. Over the previous 47,000 debates this season, this question – one of the most important faced by any country – has only come up once before. In January, Rubio was asked why he wanted to massively increase immigration; his panicked response was a fruit salad of non sequiturs. Read more...

Immigration and the GOP Debate: Foreign Worker Visas

By Mark Krikorian, March 11, 2016

I was delighted to see Stephen Dinan of the Washington Times in one of the moderators’ chairs last night. He asked about immigration right at the beginning of the night, with questions on both foreign worker visas and immigration levels overall. Here’s what was said about the first topic. Read more...

Big Tax Breaks for Controversial DHS-Licensed School for Indian Migrants

By David North, March 10, 2016

Here are five different views of a single, controversial educational institution that majors in students from India — the Northwestern Polytechnic University of Fremont, Calif.:

  • The venerable Times of India calls it a "massive academic rip-off";

  • Slightly more charitably, India's Foreign Minister, Sushma Swaraj, tweeted that NPU and another, somewhat similar institution, Silicon Valley University, "are not blacklisted, but they are not reputed either."

The De Facto DHS Motto: "We Don't Try Harder"

By Dan Cadman, March 10, 2016

Department of Homeland Security (DHS) Secretary Jeh Johnson told the Senate Judiciary Committee at a hearing this week that "there's only so much border security you can accomplish"— not "we're going to try harder", not "we have a plan and a strategy that we'll be rolling out", nothing.

It was a surprisingly lackadaisical expression of disinterest from the man charged with securing the nation's borders. Could it be that the Obama administration, nearing the end of its second term, doesn't even have the energy left to continue trying to perpetuate the myth that it is tough on protecting our frontiers from illegal intruders? Read more...

Immigration Law: A Dead Letter?

By Mark Krikorian, March 10, 2016

I wrote the other day that if the Supreme Court validates Obama's lawless amnesty decrees, much of immigration law will effectively be rendered null and void. I was referring to the many criteria for admission and exclusion, which Obama claims he can ignore at will.

Of course he's already ignoring much of the law anyway, choosing not to enforce the law against virtually all illegal aliens under the pretext of "prosecutorial discretion." (The Supreme Court case is about Obama's attempt to go the next step and formally award them work permits and Social Security accounts.)

The Democratic candidates in last night's debate suggested Obama was too strict on immigration, and tried to outdo each other in pledging to gut the law even further. Read more...

Honduran Illegals Need Reminding that They Can't Get Asylum for Economic Reasons

By Kausha Luna, March 9, 2016

A Honduran lawyer in San Francisco reminded his countrymen this week that migrating to the United States for economic reasons does not qualify one for asylum. Read more...

DHS Comforts the Comfortable with "Known Employer" Initiative

By David North, March 8, 2016

The Department of Homeland Security, under the guise of governmental efficiency, has made another move to comfort the most comfortable among us in its new "Known Employer" gambit.

It has chosen five (apparently) model employers and will make it much easier for them to hire foreign workers in the next year. If this pilot program works as planned it will be open to many more employers in the future.

Why not focus all of the executive and legal hours spent on this initiative instead on using them to figure out a model way to prevent exploitation of foreign and domestic workers among the, say, bottom 5 percent of the employers of alien workers? Read more...

CPAC Straw Poll: 52% Believe Illegal Aliens Should Return Home

By Jon Feere, March 7, 2016

When the straw poll results were revealed at the Conservative Political Action Conference (CPAC) late Saturday afternoon, many people did not realize that those were only partial results. A handful of additional results were finally released late Monday by the polling company McLaughlin & Associates, including the question on illegal immigration. Read more...

An Open Letter to CBP Commissioner Kerlikowske

By Dan Cadman, March 7, 2016

A few days ago, reacting to in-depth critiques from knowledgeable Border Patrol agents (BPAs) who happen also to be officials of the union that represents BPAs — see, for example, here and here — Gil Kerlikowske, commissioner of the Border Patrol's parent agency, Customs and Border Protection (CBP) had this to say, according to the Washington Times:

Well if you really don't want to follow the directions of your superiors, including the president of the United States and the commissioner of Customs and Border Protection, then you really do need to look for another job.

Trump Has Clear Record on EB-5; Clinton's Brother Also Profits from EB-5

By David North, March 7, 2016

The EB-5 immigrant investor program is now playing a minor role in the presidential primaries; the two apparent leaders, Donald Trump and Hillary Clinton, have ties to the program, though the other four do not, at least not yet. Read more...

India Initiates WTO Complaint Against U.S. over Immigration

By Dan Cadman, March 7, 2016

Here's a rich one: India is initiating a dispute with the United States in the World Trade Organization (WTO) alleging that the raising of fees for participation in certain guestworker programs constitutes "discrimination" and puts those foreign temporary workers on a lesser footing than similarly situated American workers.

The basis of the impending action is this: In December, as part of the omnibus spending bill, Congress doubled the fees paid by employers to sponsor guestworkers in the controversial H-1B and L categories, used to bring in more than 200,000 new guest workers each year. The Indians dispute this as inherently discriminatory. Read more...

Cruz Continues Doing the People's Work in the Senate

By Dan Cadman, March 6, 2016

While other major presidential candidates engage in puerile arguments about the size of hands and other body parts, or obfuscate their positions, or do outright flip-flop-flips in their support/opposition/support for foreign worker programs that rob Americans of their jobs, Sen. Ted Cruz is quietly going about the work of the people and continues to submit bills for consideration by the Senate, even as he campaigns nationwide. It's quite impressive.

I analyzed one of them recently on behalf of the Center, S. 2538, the "ICE Agent Support Act of 2016", cosponsored with Sen. Jeff Sessions. The bill has some limitations, but is a good starting place and an admirable show of support for the beleaguered agents of Immigration and Customs Enforcement (ICE). Read more...

Responses to Immigration Question Omitted from CPAC Straw Poll Results

By Jon Feere, March 5, 2016

Update: CPAC released the results on immigration on Monday, March 7.

With much fanfare, the Conservative Political Action Conference released the results of its annual straw poll earlier this evening. Attendees were asked to weigh in on a number of subjects and could vote at kiosks and through a CPAC app. But while there's been much discussion of which presidential candidate was most favored by CPAC attendees (Ted Cruz), the media have missed a very curious omission from the results that could indicate which presidential candidate’s position on immigration is most favored.

The question which was not reported with the other results, captured below in a photo I took while attending CPAC, asked the following: Read more...

What About Trump's Comments on Foreign Workers?

By John Miano, March 5, 2016

On Friday I joined my co-author Michelle Malkin at a CPAC book signing for Sold Out: How High-Tech Billionaires & Bipartisan Beltway Crapweasels Are Screwing America's Best & Brightest Workers.

It is great to spend time with Michelle and it would take several pages to list the superlatives to describe her and working with her. You only need fear Michelle if you are a crapweasel! Read more...

A Report on CPAC's Lone Immigration Policy Panel

By Jon Feere, March 5, 2016

The Conservative Political Action Conference held one immigration-related event at this year's gathering. It was held on the main stage and was titled, "Point Counter-Point: Two Takes on Immigration". It was moderated by Becky Norton Dunlop of the Heritage Foundation. The first speaker was Kate Bryan of Latino Partnership for Conservative Principles, who provided the high-immigration, pro-amnesty, open-border view of immigration in a cliché-ridden speech. The counterpoint was provided by Rep. Louie Gohmert (R-Texas) who argued for better enforcement of our immigration laws and an adherence to the rule of law.

A video of the debate can be viewed on C-SPAN; it starts about 21 minutes in. Read more...

Immigration, the Courts, and Statistics

By David North, March 4, 2016

Most migrants do not wind up in our circuit courts of appeal, but what the judges decide is not only important to the aliens involved, it often sets or refines our immigration policies.

With that in mind, I was looking over a set of circuit court decision statistics the other day and noted the remarkable variation in the outcomes of migrant cases in the different circuits. The Seventh Circuit (which covers Illinois, Indiana, and Wisconsin) was 10-times as likely to rule in favor of aliens as the Fifth Circuit (Louisiana, Mississippi, and Texas) during CY 2015. Read more...

CPAC 2016 Event on Immigration Rhetoric

By Jon Feere, March 3, 2016

The Conservative Political Action Conference is back and, like last year, it has little to offer people in favor of immigration enforcement and reduced immigration. Two immigration-related events are listed on the official schedule — one Wednesday, which I attended and discuss below, and one on Friday. The third potential discussion of immigration may be on the part of presidential candidate Donald Trump, who takes the main stage on Saturday (he was the only main-stage speaker to devote time to immigration at CPAC 2014). Read more...

Duty Is Not Always Grimly Serious for CBP — There's That Ice Bridge

By David North, March 3, 2016

The routine of our border guards is broken every year about this time when they open up a border crossing point that is at the end of a frozen highway.

If the highway is not well frozen, those entering from Canada are going to take a very cold bath.

This is the annual crossing of a small arm of Lake Huron from Canada to a lightly populated part of Michigan, Drummond Island. The island is 50 miles east of the smaller and better-known Mackinac Island and has a population of a little over 1,000. Read more...

Sometimes the Paranoids Are Right

By Mark Krikorian, February 29, 2016

You want to see the roots of Trump’s appeal? Read Sunday's New York Times:

A few weeks after Senator Marco Rubio joined a bipartisan push for an immigration overhaul in 2013, he arrived alongside Senator Chuck Schumer at the executive dining room of News Corporation’s Manhattan headquarters for dinner.

The Dismal Record of All the Candidates on Temporary Foreign Workers

By David North, February 29, 2016

None of the major candidates for president has a commendable record on reducing the use of temporary (indentured) foreign workers.

In my view the worst of this sorry lot are the candidates who personally profited from the foreign worker program. Next are the candidates with flip-flop positions on the issue; these candidates have a proven bad record on the issue with a dab of hypocritical frosting on top. And then there is a candidate who has not made money out of the aliens, and not flip-flopped, but is wrong anyway.

This is how they stack up, as I see it: Read more...

The Administration's New Anti-Sanctuary Assurances: Trust, but Verify

By Dan Cadman, February 28, 2016

The Center's Director of Policy Studies, Jessica Vaughan, has written a couple of posts lately touching on the subject of criminal alien sanctuaries and federal grant funding to state and local law enforcement agencies. The first noted that Rep. John Culberson (R-Texas), the chairman of the House subcommittee controlling Department of Justice (DOJ) appropriations, sent a pointed letter to the attorney general (AG) asking how such sanctuaries could legitimately claim in their grant applications that they were in compliance with all federal laws given their refusal to honor immigration detainers or fully communicate with agents of Immigration and Customs Enforcement (ICE). Read more...

The Silently Powerful Reach Out to the Linguistically Handicapped

By David North, February 26, 2016

It was one of those strange situations that pop up so every often in the immigration world, a powerful, but routinely silent, part of the law enforcement establishment reaching out to a linguistically handicapped minority just outside the Hispanic community.

One of the elements I have in mind is the prison-for-hire business that has grown so strong in recent years. Strong, but silent. One rarely hears about their activities and yet these corporations manage, for a price, most of the detention facilities run by the Department of Homeland Security. Read more...