Immigration Blog

DHS Sec. Johnson Disputes Detention Bed Mandate

By Jessica Vaughan, March 14, 2014

Two House appropriations hearings this week revealed some interesting new information on immigration detention issues.

DHS Secretary Jeh Johnson and several deputies appeared before the House Appropriations Subcommittee on Homeland Security to discuss the DHS and ICE budgets. Read more...

Updates on Visa Mills, EB-5 in South Dakota, and China City

By David North, March 14, 2014

There has been a series of recent developments about some of the visa mills and EB-5 projects that CIS has reported on earlier. For instance:

Visa Mill No. 1. Herguan University, the California private-for-profit once raided by ICE on suspicion of being a visa mill, had a couple of setbacks in recent weeks, though it is still allowed by ICE to issue the I-20 documents that lead to student visas (F-1s) for aliens. Read more...

For Real Immigration Reform, Beat the Clock, Pt. 2

By Stanley Renshon, March 13, 2014

Read Part One

The immigration reform clock is ticking, but when we should set the alarm is unclear.

Republican immigration alarmists are certain that "If we don't pass immigration reform this year, we will not win the White House back in 2016, 2020, or 2024." So said John Feehery, once a top aide to former Speaker J. Dennis Hastert, in a recent New York Times article whose title reflects its perspective and most likely its purpose. Read more...

A Tale of Two Judiciaries
Fla. v. Calif. re: illegal aliens practicing law

By Dan Cadman, March 13, 2014
Fla. v. Calif. re: illegal aliens practicing law

Even at the best of times, the law is a strange and wondrous thing. At its worst, it more closely approximates the description given it by Mr. Bumble in Charles Dickens's Oliver Twist: "If the law supposes that ... then the law is a ass, a idiot!"

Some weeks ago, the California Supreme Court, through a classic piece of legal legerdemain, declared that it was perfectly acceptable for an illegal alien to be enrolled as an attorney in the California State Bar — a prerequisite to actually practicing law before the various courts in that state. Many observers offered their opinions on this decision, yours truly among them. Read more...

USCIS Nominee Rodriquez Skates Through Senate Confirmation Hearing

By David North, March 12, 2014

Using bland responses and touches of humor, the president's nominee to be head of U.S. Citizenship and Immigration Services, Leon Rodriquez, skated over what could have been turbulent waters at a Senate confirmation hearing this morning.

Rodriguez (a lawyer and son of Cuban refugees) was nominated to succeed Alejandro Mayorkas (a lawyer and son of Cuban refugees) as the head of that agency after Mayorkas became the deputy secretary of the Department of Homeland Security. Read more...

DHS Ignores Rules for OPT Visas

By John Miano, March 12, 2014

The GAO has just released a report on Optional Practical Training (OPT). The report is a scathing indictment on the OPT program. Sadly, as my colleague David North also notes, the GAO's approach misses the forest amongst the trees.

The term "practical training" in DHS-speak is a euphemism for work. Optional Practical Training is merely work that takes place on a student visa. There is no requirement that training take place. Read more...

GAO Worries about a Foreign Worker Population — Recent Students

By David North, March 12, 2014

The good news is that Sen. Chuck Grassley (R-Iowa) has caused the Government Accountability Office (GAO) to pay attention to a problematic foreign worker population — alien recent college graduates.

The bad news is that GAO does not seem to understand how many of the 150,000 or so young foreign workers in the program of interest are screwing things up for young and old Americans alike. Or how the program in question gives billions in tax breaks to undeserving employers — those who are paid by our government to hire recent foreign college grads rather than American ones. More on that later. Read more...

The Media Gets It Wrong — Again

By Mike Nicley, March 12, 2014

The national U.S. Border Patrol Chief, Michael J. Fisher, issued a memorandum last week outlining guiding principles on the use of force to all field personnel. The national media descended into a feeding frenzy. A sampling of the "informative" headlines follows: Read more...

Bad Cases, Bad Case Law
The Third Circuit rules that honoring ICE detainers is discretionary

By Dan Cadman, March 10, 2014
The Third Circuit rules that honoring ICE detainers is discretionary

It's an oft-repeated maxim in law enforcement and prosecutorial circles that "bad cases make bad case law." It's a cautionary reminder that what happens in the field, and how it happens, directly affects for better or worse what happens later in court, including at the appellate level.

The federal Third Circuit Court of Appeals has just decided an immigration-related case that proves the strength and truth of the maxim, as if anyone in favor of vigorous but rational immigration enforcement needed a reminder. Read more...

Two Tidbits of Goods News from the Third Circuit and from USCIS

By David North, March 10, 2014

Sometimes there is actual good news on an immigration issue, and, more rarely, as today, we have two such items!

The Third Circuit Court of Appeals has affirmed a U.S. District Court ruling and thus has given new life to the Department of Labor's efforts to increase wages for the routinely under-paid H-2B workers, and newly released statistics show that USCIS was tougher on issuing another kind of non-immigrant worker visa in 2013 than it was the previous year. Read more...