Immigration Blog

Halloween Special: Benefits for Living Aliens Based on Ghostly Relatives

By David North, October 31, 2016

Just in time for Halloween, the Department of Homeland Security has reminded us that it grants legal immigration status to some aliens based on the ghostly hardships of the aliens' relatives — even though those hardships have been obliterated by death.

This is meant to be a footnote to an earlier posting by my colleague Dan Cadman on the broader subject of how DHS has stretched the concept of "extreme hardship" to the extreme in order to make it easier for the government to grant legal status to aliens using claims that should they be deported, that would cause an "extreme hardship" to someone else. Read more...

Australia Considers Permanent Ban on Illegal Migrants

By Dan Cadman, October 31, 2016

Australia has once again caused a furor with one of its legislative proposals.

The Australian government previously has gotten a firestorm of press (and criticism from various international and migrant advocacy groups) for a pay-to-stay-away plan allegedly providing a financial incentive for maritime alien smugglers not to move their human cargo into Australian waters; for "renting" space on foreign territory on which to set up camps for migrants and asylum-seekers interdicted at sea; and for a proposal to strip citizenship from any dual nationals caught engaging in or supporting terrorism. Read more...

'Extreme Hardship' Need Not Be So Extreme Under USCIS Policy Guidance

By Dan Cadman, October 28, 2016

Law360 posted an item the other day with this teaser:

USCIS Unveils Guidance on Extreme Hardship Determinations

U.S. Citizenship and Immigration Services on Friday released policy guidance on extreme hardship determinations regarding certain relatives, making good on one of the lesser known initiatives announced under President Barack Obama's executive actions on immigration.

Extreme hardship is an important principle in immigration law, because the statute provides waivers of inadmissibility for certain aliens who can establish that their removal/denial of admission would result in such hardship to certain categories of U.S. citizen or resident alien family members.

It's Like Old Times — ICE Raids Mexican Cafes, Seizes Owner's Cadillac

By David North, October 28, 2016

It's as if you were watching late night TV this month, and Johnny Carson appeared on the tube, as alive as you and me. Read more...

S.C. Tax Money Meant for Kids and Teachers Is Sent to Distant Middleman

By David North, October 26, 2016

Can an out-of-state financial middleman pocket more than a million dollars in South Carolina taxpayers' money meant for kids and teachers at one small school? Read more...

Lessons Learned by an Insider in the 30 Years Since IRCA

By Dan Cadman, October 26, 2016

My colleague Jerry Kammer has posted a couple of read-worthy blogs on the 30th anniversary of the Immigration Reform and Control Act of 1986 (IRCA); see here and here. Read more...

Mexico and Honduras Announce Amnesties

By Kausha Luna, October 25, 2016

Mexico and Honduras announced last week they would grant amnesty to illegal aliens in their respective territories. Read more...

Attention Would-Be EB-5 Investors: Avoid Putting Your Money into Charter Schools

By David North, October 25, 2016

There is a new trend in the EB-5 (immigrant investor) visa program — placing those funds in charter schools.

The EB-5 program rewards rich aliens with a handful of green cards following a half-million-dollar investment into a government sanctioned, but not guaranteed, project. Charter schools are 99-percent-plus supported by local taxpayer funds and provide tuition-free education; they are usually private entities lightly regulated by local school boards. EB-5 is a federal program; charter schools operate at the local level and are not regulated by the federal government.

There are three main reasons for alien investors to avoid charter school investments: Read more...

More Proof of Vetting Failures in the Immigration Process

By Dan Cadman, October 25, 2016

Two more recent terrorism-related law enforcement cases have led to three more chuckleheads who pledged allegiance to ISIS being in custody for material support of terror.

One of the three, Iraqi refugee Omar Faraj Saeed Al Hardan, copped a plea to the charge in a Houston federal court. His co-conspirator and fellow Iraqi refugee, Aws Mohammed Younis Al-Jayab, is detained in Chicago awaiting trial, unless he too decides to plead out. Read more...

GAO Finds Most Funding in EB-5 Projects Is NOT from Alien Investors

By David North, October 24, 2016

The majority of the money invested in projects that attract EB-5 (investor visa) funding does not come through that program; it comes from mainstream capital sources. But despite this fact, the alien investors continue to be given sets of green cards for their half-million-dollar inputs.

The marginal significance of the EB-5 funds was described in a recently released report by the Government Accountability Office. Read more...