Immigration Blog

Will the Supreme Court Take the DAPA Case?

By John Miano, January 4, 2016

There is a lot happening on the immigration legal front right now, including the government's petition to the Supreme Court for a writ of certiorari to review the preliminary injunction over DAPA; DHS's new proposed regulations to effectively hand out green cards in excess of the annual limits; DHS's request for a delay of the District Court's vacatur of its guestworker program created through regulation out of student visas; and, on the horizon, a court decision on allowing spouses of guestworkers to work in the United States as well. Read more...

The New York Times' Radical Transformation on Immigration

By Jerry Kammer, January 4, 2016

I don't know whose arrogance is worse for the country: Donald Trump's, which takes legitimate fears about uncontrolled immigration to illegitimate extremes, or the New York Times editorial board's, whose editorials conflate legitimate fear with hysterical nativism.

In an editorial last month, the Times warned that Trump is not merely "a solitary phenomenon, a singular celebrity narcissist who has somehow, all alone, brought his party and its politics to the brink of fascism." It warned that Trump was part of a broader phenomenon conjured by Republicans who are "attuned to the power of fear" as they seek to build a wall against illegal immigration. It said Republican governors had joined "an axis of ignorance, declaring their borders closed to refugees fleeing the Islamic State in Syria." Read more...

Don't Reward Illegal Cuban Arrivals with the Benefit of Adjustment

By Dan Cadman, January 4, 2016

In a series of postings over the past several weeks, my colleague Kausha Luna has outlined the various attempts by Costa Rica to rid itself of about 8,000 Cubans who traveled there on temporary visas. They didn't go for tourism, but with the express intent to travel northward through the other countries of the region, across Mexico, and ultimately to the United States without papers. Once in the United States they hope to avail themselves of that Cold War relic, the Cuban Adjustment Act (CAA), and live long and contentedly despite arriving with no immigration documents, and despite the recent normalization of relations between Cuba and the United States. Read more...

Miss. Case Shows the Complications of Victim-Visas

By David North, December 31, 2015

The annual ceiling for crime victim (U) visas is 10,000, and USCIS announced this week that the limit has been reached for FY 2016. This does not mean that any crime victims will be denied visas – or caused to leave the country – it just means that from now on this year's issuances will be delayed until October 1, 2016, when the new fiscal year begins. Read more...

This New Year, Close Your Eyes

By Nayla Rush, December 31, 2015

As the year comes to an end, it is customary to reflect on the past and make resolutions for the future.

What is undeniable is the intensity of the divide that has dominated the public sphere in the United States in (not just) 2015. Political parties have grown further apart; accentuated tensions have reached the point of alienation. The "divorce" is also palpable among various ranks within the American public.

Somehow, some have designated themselves as the emissaries of moral standards and sole defenders of American values. Americans with different views and opinions are deemed unworthy of respect and quickly disavowed. Read more...

Pressuring Students in the Service of Teaching Diversity

By Stanley Renshon, December 30, 2015

For many years immigration specialists have pointed to the historical success of assimilation in sparing the United States the ethnic, national, and racial conflicts that other counties have experienced. As scholars such as David Hollinger, Peter D. Salins, and Arthur M. Schlesinger have pointed out, this is no accident. Rather it comes from a history in which ordinary Americans and those who headed America's primary governmental and cultural institutions agreed that assimilation to American values and cultural premises were the not-particularly-hidden secret of that success. Read more...

Symmetry in Migration in the Two Hemispheres

By David North, December 30, 2015

If you are as geography buff, as I am, you will notice a strange symmetry in the current migrations through the Balkans and through Central America.

In both cases these are south-to-north movements, with the migrants wanting to leave their sunnier but troubled lands for the prosperous, if chillier countries of the U.S., on one hand, and Germany and Scandinavia on the other. Read more...

Where Have the Democrats Gone, Mr. Robinson? American Workers Turn Their Lonely Eyes to You

By Jerry Kammer, December 30, 2015

The Washington Post's Eugene Robinson seems to delight in the Republican Party's torment. In his latest column, Robinson was aghast that while GOP positions had once "dovetailed nicely with the views of business groups such as the U.S. Chamber of Commerce," now it has gone the other way with the populist revolt against proposals to give legal status to illegal immigrants and to increase immigration. Read more...

Central American Countries Agree to Let Stranded Cubans Continue North to U.S.

By Kausha Luna, December 29, 2015

On Monday, Central American governments meeting in Guatemala reached a solution for the U.S.-bound Cubans stranded in Costa Rica because of Nicaragua's refusal to let them through. After several previous failed attempts, officials from Panama, El Salvador, Guatemala, Honduras, Belize, Mexico, Costa Rica, and the International Organization for Migration finally reached a consensus. The United States was not present at the meeting. Read more...

The Slippery, PC Application of "Standing" in the States' Lawsuit against Obama's Amnesty

By John Miano, December 29, 2015

I attended Seton Hall Law School during a period of transition. At that time the professors were divided between those who took an older approach to teaching and the law and those with a newer approach. The old-school professors were people who had significant experience practicing law then went into teaching. The new school of law professor graduated from Harvard or Yale, clerked for a federal judge, then went into teaching and has little to no practical experience in law. The more of the Harvard/Yale professors a school has, the higher the Harvard/Yale network of professors rate the school in the U.S. News peer rankings, producing a high ranking for the school. Read more...

Chinese-Run U.S. School for Indian Foreign Students Reaps Profits of $30 Million a Year

By David North, December 28, 2015

Related: Reporter: 2 Schools Are "Massive Academic Rip-Off" for Foreign Students

Northwestern Polytechnic University – a Chinese-managed entity near San Francisco now apparently being investigated by DHS – managed to make a thunderous profit of close to $30 million on gross receipts of a little more than $40 million in 2014. It has about 2,000 F-1 students, nearly all from southern India. Read more...

Is Iran Dictating Terms of the New Visa Waiver Restrictions?

By Dan Cadman, December 28, 2015

A bright note, if it can be called that, in the recent passage of the omnibus spending bill was that at the last moment, the "Visa Waiver Program Improvement Act of 2015" (H.R. 158) was folded into the government funding measure, so it too became law and the visa waiver program (VWP) was significantly tightened up. Read more...

Reporter: 2 Schools Are "Massive Academic Rip-Off" for Foreign Students

By David North, December 28, 2015

Related: Chinese-Run U.S. School for Indian Foreign Students Reaps Profits of $30 Million a Year

Some would-be F-1 students from India have been shipped home, and others barred from taking flights to the U.S., in what may be another visa mill scandal in California's Bay Area. Read more...

Immigration Enforcement as Political Football

By Dan Cadman, December 28, 2015

The Washington Post reported last week on a plan being floated by Department of Homeland Security (DHS) officials to institute "raids" against aliens who entered the U.S. illegally during the 2014 summer border surge, against whom there are now final orders of removal outstanding.

According to the story, the plan has been kicked around exhaustively in the upper echelons of the administration for some time, with no final decision being made. My own take is that the story was deliberately leaked by administration officials as a trial balloon to gauge public reaction to the proposal. And, although the media suggest that the idea emanated below, either at DHS or its subordinate agency Immigration and Customs Enforcement (ICE), which would undertake the raids, that idea is beyond laughable. The leaders at all levels of DHS and its subordinate agencies are minions selected by the White House for their pliability. If this plan emanated anywhere, it arose from politicos at the highest levels who have their eye on the upcoming presidential election. Read more...

Still No Solution for U.S.-Bound Cubans in Costa Rica

By Kausha Luna, December 27, 2015

The member states of the Central American Integration System (SICA), plus Mexico and the United States, met in Mexico last week to explore possible solutions for the U.S.-bound Cubans stranded in Costa Rica because of Nicaragua's refusal to let them pass. The meeting failed to produce a solution but steps were taken in favor of Costa Rica's "humanitarian corridor," which would allow the Cubans to leapfrog over Nicaragua and continue northward.

At the meeting Mexico reiterated that once the Cuban migrants reach the Mexican border with Guatemala, they would be let through so they may continue their transit to the United States. Read more...

DHS Files Last-Ditch Motion to Preserve Improper OPT Rules

By John Miano, December 27, 2015

As we have reported previously, the U.S. District Court for the District of Columbia vacated new regulations for the Optional Practical Training (OPT) program effective February 12, 2016. The court gave DHS a six-month delay to allow it to take some form of corrective action. The deadline for DHS to correct by getting a new rule in place has come and gone.

(OPT is for foreign workers masquerading as students; the new regulations extend the period of time foreign graduates in STEM fields (Science, Technology, Engineering, and Math) could work under PT status.) Read more...

One More Bit of Evidence in the H-2B Numbers Controversy

By David North, December 23, 2015

Let me add one more fact on the ongoing controversy about the admissions of H-2B alien workers – all taking jobs that Americans should have – that Speaker Ryan stirred up by estimating that the omnibus spending bill would permit the admission of "only" 8,000 of them.

This note supplements earlier postings of my colleague, John Miano, and my own on this subject. Read more...

Speaker Ryan's Unpersuasive Response on H-2B Visas

By John Miano, December 23, 2015

On Monday I was one of many to write about the travesty of Paul Ryan's corrupt business-as-usual-in-Washington budget bill. Yesterday, Speaker Ryan responded to the critics, a response that shows how deprived of reality the leaders are in Congress.

The main area of contention is the changes to the H-2B visa program. (My colleague David North also addresses Ryan's assertions about the program.)

The speaker's response starts off with the heading, "And Nothing Was 'Slipped' into the Bill Either."

To which I have to ask, how stupid does Speaker Ryan think we are? Read more...

Ryan, Ignoring DOL data, Badly Understates Congress' Impact on H-2B

By David North, December 23, 2015

House Speaker Paul Ryan (R-Wis.) has substantially under-stated the estimated impact of a congressional sleight-of-hand regarding the number of H-2B alien workers who will, by definition, take jobs away from resident (citizen and green-card) workers.

In a press statement yesterday Ryan said that his critics on this issue were making a "mountain out of a molehill." Depriving Americans of jobs apparently is not something he worries about. Read more...

Open Borders, Anyone?

By Dan Cadman, December 22, 2015

People who read blogs or publications from the Center for Immigration Studies will likely see the phrase "open borders" on a regular basis. Some may assume it's used hyperbolically. After all, are there really people who advocate open borders? There are. They even have their own websites – visit them if you wish; I'm not going to link to them, but you can find them easily enough. Read more...

Gem Buried in the Spending Bill – Double H-1B Fees for Outsourcing Firms

By David North, December 22, 2015

A nice little gem can be found in the omnibus spending bill signed the other day by the president – a doubling of, and an expansion of, the fees paid by Indian outsourcing companies when they hire either H-1 or L-1 workers.

This counterbalances, to a minor extent, the losses that other immigration-related parts of the same bill have inflicted upon us, as my colleagues John Miano and Dan Cadman have reported. Read more...

Mexico Waves U.S.-Bound Cubans Through

By Kausha Luna, December 22, 2015

Amid the Cuban migrant standoff in Costa Rica, Mexico's migration policy towards Cubans headed for the United States should be of even greater concern to the United States.

Approximately 5,000 U.S.-bound Cubans are stranded in Costa Rica, after Nicaragua closed its border to them. Ever since, Costa Rica has been hard at work trying to create a "humanitarian corridor" across Central America, which would allow Cubans to freely head north to the U.S. border (where they will receive automatic legal status under the "wet foot/dry foot" policy). Costa Rica has also suggested flying the islanders to Guatemala or Belize, from which they could enter Mexico and make their way north to the United States. Read more...

Human Nature vs. the Blank Slate
Food for thought from Steven Pinker and Edmund Burke

By Jerry Kammer, December 22, 2015
Food for thought from Steven Pinker and Edmund Burke

Those of us who want to regulate immigration think of ourselves as pragmatists who recognize that too much even of a good thing can be a bad thing. But we often face the accusation that we are racists, bigots, and xenophobes with bad manners and intolerable politics. It is a situation akin to the poisoned atmosphere that MIT psychologist and author Steven Pinker describes as the result of attacks on cognitive scientists who suggested that genes influence human personality and behavior. Read more...

San Bernardino Puts Focus on Immigration-Through-Marriage, or Should

By David North, December 21, 2015

Let's step back and look at the immigration-by-marriage process – the one that led to, among other things, the slaughter in San Bernardino, where one of the shooters had come to the U.S. on a K-1 (fiancé) visa.

The first point to be made is that a huge proportion of legal immigration pours through the marital route, though more than 90 percent of the newly-arrived spouses and spouses-to-be do not use the K-1 visa. For example, in fiscal 2013, the last year for which we have statistics, about 245,000 of the year's roughly one million immigrants who arrived (or adjusted) were recorded as spouses of citizens or aliens. (This count excludes aliens arriving as married couples.) Read more...

Welcoming Syrian Refugees: Not Just "How Many?" but also "How?"

By Nayla Rush, December 21, 2015

The current debate about refugees often revolves around numbers – how many should be allowed in? – while little attention is given to the issue of integration. Jenny Phillimore, Professor and Director of the Institute for Research into Superdiversity (IRIS) at the University of Birmingham, asks in a blogpost: "Where is integration in the refugee crisis?" Read more...

Costa Rica Suspends the Granting of Temporary Visas to Cubans

By Kausha Luna, December 21, 2015

On Friday, the Central American Integration System (SICA) met in El Salvador to again discuss the U.S.-bound Cubans stranded in Costa Rica by Nicaragua's refusal to let them enter. And again, no solution was reached. Read more...

The American Public Keeps Getting "Sold Out"

By John Miano, December 21, 2015

Congress keeps providing new opportunities to plug the book Michelle Malkin and I recently wrote – Sold Out: How High-Tech Billionaires & Bipartisan Beltway Crapweasels Are Screwing America's Best & Brightest Workers.

Last week we had the spectacle of the 2,009-page spending bill for the remainer of the 2016 fiscal year, in which the American people were once again sold out. Read more...

Costa Rica-Cuba Meeting Yields No Solutions on Stranded Migrants

By Kausha Luna, December 21, 2015

Costa Rican President Luis Guillermo Solis and his Cuban counterpart, Raul Castro, agreed last week that it is urgent to find a solution to the approximately 5,000 U.S.-bound Cubans stranded in Costa Rica due to Nicaragua's refusal to let them pass through on their way north.

However, it appears that the meeting between the two heads of state did not produce an actual solution. Read more...

Marriage Fraud and Murder, This Time in Spades

By David North, December 18, 2015

It turns out that there is an element of immigration-related marriage fraud in the San Bernardino massacre, a tragic linkage (marriage fraud and murder) that I have noted before.

Gunman Syed Rizwan Farook's neighbor and long-time friend, Enrique Marquez, Jr. — the person who bought the guns for the killers — had a sham marriage with the sister of Farook's sister-in-law, according to the papers this morning. Marquez was paid $200 a month for this arrangement, but who paid him is not reported. Read more...

A Quick Peek at the House Funding Bill

By Dan Cadman, December 17, 2015

The House of Representatives has weighed in on its 2,000-plus page version of the Consolidated Appropriations Act of 2016, H.R. 2029 – which is an amendment to the Senate's amendment of the House's original version, if you follow that.

From an immigration perspective, it's a cornucopia of disappointment. If establishment politicians are wondering why the presidential campaigns in both parties have tilted toward non-establishment outliers as represented, left and right, by Bernie Sanders and Donald Trump or Ben Carson, then they need only look at their own handiwork to find the answer. Read more...