Immigration Blog

The Immigration Debate: A Battle for Nuance

By Benjamin Dierker, June 25, 2017

With an issue as sensitive and complicated as immigration, emotion and confusion are bound to cloud the complexities of the debate. There is no shortage of lenses through which to view the topic, from libertarianism to compassionate liberalism, from pragmatic enforcement to hawkish neoconservatism. And no shortage of actual immigration areas upon which to focus those lenses: border security, visa issuance and overstays, interior enforcement, refugee, or asylum seeking, to name a few. Read more...

SCOTUS: Causation Required for Conviction Authorizing Denaturalization

By Andrew R. Arthur, June 25, 2017

On Thursday, June 22, 2017, the Supreme Court issued a decision in Maslenjak v. United States.

The case involved Divna Maslenjak, who was convicted by a jury for having knowingly "procur[ed] contrary to law, [her] naturalization" in violation of 18 U.S.C. § 1425(a), and denaturalized by a federal District Court judge under section 340(e) of the Immigration and Nationality Act (INA); she was deported to Serbia last year. Read more...

Taking Australia's Failed Asylum Seekers: Where's the Art of the Deal?

By Dan Cadman, June 25, 2017

My colleague Nayla Rush has written a series of items on President Trump's decision to accept from Australia migrants who have been detained in offshore detention centers rather than allowing them to enter that nation. (See here, here, and here). Read more...

MS-13 and Immigration Policy Priorities

By Preston Huennekens, June 25, 2017

On June 21, 2017, the Senate Judiciary Committee held a hearing on the activities of the infamous Salvadoran gang MS-13. Their presence in the United States has raised alarm as they have engulfed local communities in bloodshed and crime. One need look no further than their motto — "kill, rape, control" — to understand why the presence of MS-13 in the United States is dangerous.

The members of the five-witness panel described with detail the legacy of MS-13's existence in the United States. Composed of representatives from the Border Patrol, the Office of Refugee Resettlement, Homeland Security Investigations (HSI), Enforcement and Removal Operations (ERO), and the Department of Justice, the panel advocated for increased attention to this unique and dangerous threat that operates in 48 states, Puerto Rico, and the District of Columbia. Read more...

It Looks Like Visa Mill History Is About to Repeat Itself in Northern Virginia

By David North, June 23, 2017

Once again it looks like a highly questionable educational institution in Northern Virginia is about to be closed down — it is said to provide lots of nonimmigrant visas and not much education — and the closing will not be forced by the federal agency that is supposed to handle such things, the Department of Homeland Security. Read more...

Another Ninth Circuit Judge Goes Off on Immigration Enforcement

By Andrew R. Arthur, June 23, 2017

In a June 2, 2017 post, I detailed the case of Magana Ortiz v. Sessions, in which Ninth Circuit Court of Appeals Judge Stephen Reinhardt described the removal of a Mexican national who had entered the United States in 1989 as "contrary to the values of this nation and its legal system." He continued:

Indeed, the government's decision to remove Magana Ortiz diminishes not only our country but our courts, which are supposedly dedicated to the pursuit of justice. Magana Ortiz and his family are in truth not the only victims. Among the others are judges who, forced to participate in such inhumane acts, suffer a loss of dignity and humanity as well. I concur as a judge, but as a citizen I do not.

On Monday, June 12, 2017, it was the turn of Judge Reinhardt's colleague, Ninth Circuit Judge Harry Pregerson, to attack the government for enforcing the immigration laws. Read more...

Big H-1B Employer Infosys Sued Again for Racial Discrimination

By David North, June 23, 2017

Infosys, one of the largest Indian outsourcing companies, has been sued, yet again, for discrimination against non-Indian workers, as the Dallas Morning News reported recently.

The firm, which sought more H-1B workers than any other company in the United States in 2016 — 33,289, according to the Myvisajobs website — was hauled into court by Erin Green, a non-Indian U.S. citizen and a former supervisor at the firm. In his filing, he pointed out that while "less than 5 percent of the U. S. population is of the South Asian race and national origin, roughly 93 percent to 94 percent of Infosys's United States workforce "is of the South Asian national origin, (primarily Indian)." Read more...

Honduras and El Salvador Plead for TPS Extension

By Kausha Luna, June 22, 2017

Last week, the United States and Mexico cohosted the Conference on Prosperity and Security in Central America in Miami. While the question of Temporary Protected Status (TPS) was not on the agenda, both Honduras and El Salvador took the opportunity to highlight the issue before U.S. officials. Read more...

IRS Ignores Appeals Court Decision; Continues Paying "Child Tax Credits" to Illegal Aliens

By Jan Ting, June 22, 2017

According to the Inspector General of the U.S. Treasury Department, the Internal Revenue Service (IRS) each year pays billions of dollars in "child tax credits" to illegal aliens.1 The child tax credit, provided by section 24 of the Internal Revenue Code, is a credit against a taxpayer's federal income tax liability of $1,000 for each of the taxpayer's children.2 The credit is reduced for taxpayers whose income exceeds a specified amount.3 Read more...

Some Welcome Information on the "Travel Ban" and Sanctuary Lawsuits

By Dan Cadman, June 21, 2017

Most readers know that the "travel ban" and sanctuary lawsuits were filed by various entities, including a few states, against executive orders (EOs) issued by President Trump to pause entry into the United States from nationals of certain countries; and to cease providing federal grants to "sanctuaries that refuse to cooperate with federal immigration enforcement efforts. Read more...