David North's blog

No More EB-5 Visas for Chinese Nationals – For a Month

By David North, August 29, 2014

There will be no more immigrant investor (EB-5) visas for Chinese nationals for the next month, the government has announced – then a fresh supply will come into play.

The Obama administration has been hyping this program for years and the number of applicants has finally bumped into the statutory ceiling. Since immigration law has ceilings within ceilings, only Chinese investors will be given a "time out" this time around; investors from other nations are still being granted visas. Read more...

BIA Makes Expansive Decision in Asylum Case

By David North, August 28, 2014

Unless it is overturned by a higher authority (or unless I am misreading it completely) the Justice Department's Board of Immigration Appeals has just made a remarkably expansive decision on America's asylum program.

It looks like the BIA has ruled that all abused women, anywhere in the world, are potentially eligible for asylum in the United States provided that they can get into this nation and file a claim. They would have to prove their individual cases, however. Read more...

If DHS Won't Enforce Immigration Law, Maybe the Competition Will

By David North, August 27, 2014

Given the all-too-relaxed way that the Department of Homeland Security enforces immigration law, maybe we can look to competing, private sector actors to do the department's work.

In these instances, straightforward middlemen expose the shenanigans of their rivals, and while they are doing this for their own purposes, they are, indirectly, providing a public service. A recent example from the federal courts was called to my attention by Joe Whalen, an EB-5 consultant, but first a little background. Read more...

Bruised Egos in a Small Part of the Immigrant Selection Process

By David North, August 25, 2014

The individual losers in immigration cases usually face the inconvenience of returning to their home countries, more limited access to the good things of life, and sometimes a fear of how certain forces in the old country may treat them. Further, in many cases, the decision means the loss of legal status in the United States.

All of that is bad enough for the alien, and that person may be angry and disappointed, but the ego is intact.

That is not the case with a small set of near-elite aliens, those who have been denied a for "Aliens of Extraordinary Ability" (part of the first employment-based category, or EB-1). They have been told, in writing, that their talents are really not extraordinary. In effect, they are informed: Read more...

It Depends on What the Meaning of "Student" Is

By David North, August 21, 2014

You know whose side they're on when immigration lawyers talk about a "shortage of H-1B visas".

There are a lot of suggestions to the White House these days about how to write the perhaps forthcoming executive amnesty, and many industry-centric attorneys are eager to make sure that the proposed opening of the borders helps their fat cat corporate clients, as well as run-of-the-mill illegal aliens.

My favorite industry-tilted proposal is that of Roger Algase, and is included in an article in Immigration Daily's August 14 edition, entitled "Can the President Act of His Own to Relieve the H-1B Visa Shortage?" Read more...

Iranian-American IJ Told Not to Take Iranian Cases, She Sues DOJ

By David North, August 20, 2014

A judge suing her employer is both rare and interesting; this time it is an Iranian-American immigration judge who is suing the U.S. Department of Justice.

The DOJ ordered her to recuse herself if any Iranian appeared before her. She is Ashley Tabaddor, and she is one of 37 IJs at the busy Los Angeles immigration court.

She said that such an order would violate her First Amendment rights, according to an article reprinted on the Immigration Daily website. Read more...

Disturbing Marriage Fraud Case
When in Rome do as the Vandals do

By David North, August 19, 2014
When in Rome do as the Vandals do

A Federal Judge in Nevada has ruled that two highly questionable prior marriages between an illegal alien and two different U.S. citizens should be ignored and that the alien should be allowed to proceed toward a green card as a result of a third marriage to a U.S. citizen.

Routinely, someone who has sought Lawful Permanent Resident status through marriage fraud is barred for life from using another marriage to seek a green card. Read more...

USCIS: No Green Card for Jello Shots

By David North, August 18, 2014

Often in these blogs, we write about USCIS abusing its discretionary powers, about alien investors getting cheated in EB-5 (immigrant investor) cases, and about those investments being in real estate deals.

Late last month a decision made by an arm of USCIS put a reverse spin on all three of those patterns:

  • USCIS decided the case exactly as it should;
  • It was the alien, not some American middleman, who was at fault; and
  • Instead of a proposed real estate investment, we have one in a bizarre food (?) product.

High-Tech H-1B Employers Take Two Indirect Hits

By David North, August 13, 2014

The big H-1B employers in Silicon Valley took two unrelated and indirect hits recently.

The biggest damage came last week from a federal judge's decision in which H-1B was not even mentioned, but which cast dark shadows on the software industry's image as an employer.

The lesser blow came from a Department of Homeland Security move earlier that will decrease the number of H-1B slots available for computer programmers. In this action, the computer industry was not mentioned, but it will be hurt in any case. Read more...

A Refreshing Aspect of EB-5 – No Bowing to the Alien Rich

By David North, August 12, 2014

If you step back a metaphorical 100 yards and put your mind in neutral, you might notice that the EB-5 (immigrant investor) program is refreshing and different in one strange way: It is the only government program that I know of that routinely treats the rich as powerless riffraff.

It's not that the government puts workers first, or even taxpayers; the tilt is toward another set of "haves", the middlemen who profit from the money invested by the aliens. (There may be some indirect benefits to others, but the middlemen are the most likely to get something out of this program.) Read more...

Border Patrol Press Release Has Boat Helping with Desert Rescue

By David North, August 8, 2014

Fond as I am of the Border Patrol, and sympathetic as I am to government press agents (I used to be one myself), I can 't let this go.

It seems that five illegals were "lost in the desert without food or water" and the Patrol sent its search and rescue team in action "along with Air and Marine assets" in an effort to "search the area". (My emphasis; quotes from their press release.) Read more...

Too Many See Immigration Policy as a Good-vs-Bad Morality Play

By David North, August 7, 2014

Too many Americans (and too many in the media) see the surge of Central Americans as a simplistic morality play, that runs about like this:

  • Arriving Central Americans (although illegals) are good.
  • They are fleeing from violence, and from other Central Americans who are bad.
  • If our immigration system sends them home, that would be bad.

Other English-Speaking Nations Move to Reduce International Migration

By David North, August 7, 2014

In the years since 2012, other English-speaking nations have taken a variety of approaches to reducing international migration, and/or to making it more selective, a CIS survey has shown.

The nations taking these steps are Canada, New Zealand, and the United Kingdom and, to a lesser extent, Australia. Read more...

Have a Third-Rate Business Model? Call in the Aliens

By David North, August 6, 2014

If your business model isn't working, the answer is: bring in the aliens.

And since it will help you out of whatever trap you are in, you can label it a matter of national necessity. You can always say "America Needs Aliens" for whatever ails your business. Read more...

Should a School with a Financial Statement Like This Be Authorized to Teach Accounting to Foreign Students?

By David North, August 5, 2014

This is one of an occasional series of reports on some of the extremely marginal educational institutions licensed by the Department of Homeland Security to cause the admission of foreign students to the United States.

For an earlier example, regarding Herguan University in California, see here. Both are for-profit institutions.

Regarding the text below, how often does one see, in a document prepared for the public by an educational institution, four different ways of spelling a single word, in this case "interest," in five lines of type? Read more...

A Glimpse of Immigration Judges at Work

By David North, July 31, 2014

Several of us from the Center spent a recent morning watching our immigration judges at work: we do not envy them.

We traipsed a couple of miles across the Potomac to the new set of IJ courtrooms in Arlington, Va., to see how the five judges there were coping with a new part of their case load — Central Americans who had just crossed another river, the Rio Grande, some 1,500 miles away. Read more...

DHS Sends Money to Remote, Frozen Island to Fend Off Terrorists

By David North, July 29, 2014

You may have been worried that last year's DHS anti-terrorism grant to St Paul's island in Alaska, which is about 280 miles from that state's mainland and 500 miles from Russia, was inadequate for the defense of that God-forsaken place (population 491).

I suspect your average, run-of-the-mill terrorist would have trouble finding it on a map, but that's beside the point. Read more...

Border Surge Is Great for Central America's Oligarchs

By David North, July 28, 2014

It is rarely if ever discussed, but the current surge out of Central America, and into Southern Texas, is a wonderful development for some very powerful people — Central America's oligarchs.

Think of the alternatives: the understandably unhappy majority of these countries, instead of spending time, money, and emotional energy on the risky emigration of their relatives, might otherwise be using those resources for: Read more...

Suggestion to the Border Patrol: Check Out the Gaza Tunnels

By David North, July 28, 2014

Here's an urgent suggestion to the Border Patrol: Send some of your specialists and maybe the Sector Chief at Nogales to Israel immediately to check out the tunnels from Gaza that are, at this writing, controlled by the Israeli military.

Whatever one may think of the latest conflict in the Middle East, it is clear that the Israeli military has in its possession a world-class collection of the latest in terrorist tunneling technology, and the Border Patrol should look at it in detail. Read more...

Fortune's Peter Elkind Describes Chicago EB-5 Scam in Stunning Detail

By David North, July 24, 2014

The most disastrous EB-5 (immigrant investor) project to date – a sham hotel complex near O'Hare Airport in Chicago – is described in stunning and comprehensive detail in a long article published this morning by Fortune. (It will appear in the August 11 issue of the magazine's paper edition.)

It was written by Peter Elkind, the publication's editor-at-large, well known for his exposé on the Enron scandal, and a colleague, Marty Jones. It carries this headline:

"The dark, disturbing world of the visa-for-sale program". Read more...

Too Much Due Process/Too Few Judges Throughout the Immigration System

By David North, July 23, 2014

The uproar created by the flood of illegals from Central America at the Texas border perhaps can focus our attention on a long-neglected underlying problem – we have too much due process in the immigration system and too few judges (and supporting staff) to handle it.

I am not for eliminating due process in the immigration business, far from it, but there is too much of it generally, and that is accompanied by an unwillingness by the administration to fund the due process it seems to want. Read more...

A Very Personal Argument for More Interior Immigration Enforcement

By David North, July 22, 2014

Sometimes we get phone calls here at the Center from distressed citizens in conflict with illegal aliens — and they add a strong, personal dimension to the arguments about the lack of interior enforcement of immigration law.

Here's one such story, with all names deleted. Read more...

Mixed Messages on Abusing the H-2A and H-2B Migrant Worker Programs

By David North, July 22, 2014

Mixed messages come to us from rural North Carolina about the abuse of two temporary foreign worker programs: H-2A, for farm workers, and H-2B, for non-skilled, non-farm workers.

The messages are:

  1. The Department of Labor occasionally zaps the suspect middlemen in these programs, as it did commendably in this case, and

  2. These middlemen have numerous opportunities to beat the system, exploit alien workers, and displace resident workers. The numbers and range of illegalities in this case are so great that it took the federal grand jury 57 tightly written pages to list and describe all of the violations.

No More Deportation Orders! Let's Call Them "Going Home Tickets"

By David North, July 21, 2014

Restrictionists have been on the defensive linguistically for decades. Let's turn the tables and start imposing our terms for immigration matters on the rest of society. Read more...

Utah's Pro-Amnesty ex-AG: Some Schadenfreude Is in Order

By David North, July 16, 2014

Mark Shurtleff, former Utah State Attorney-General, and a leading GOP amnesty advocate, was arrested Tuesday and charged with corruption for accepting gifts from rich businessmen, according to a story in the New York Times. Read more...

Pressure on Mexico Is the Easiest Way to Cope with the Border Crisis

By David North, July 15, 2014

One of the easiest ways for the United States to stop the flow of illegal aliens from Central America, kids and adults alike, is to put serious pressure on Mexico to stop letting illegals move through their country.

That is not to say that the U.S. government should not take its own action to stem the surge, but that's a different subject. Read more...

Justice Department Unit Gets a Minor Immigration Issue Right

By David North, July 11, 2014

If you were an employer would you have to think twice in this situation?

You need someone to work with a very small team on a project that will take at least one year to complete.

There is a really able, willing candidate for the job — but there is a problem. Three months from now she will (pick any one of the following) be: Read more...

New York Times Op-Ed All Wrong on EB-5

By David North, July 11, 2014

I was both depressed and intrigued by the sloppy thinking, and writing, that marked today's op-ed piece on immigration in the New York Times signed by Sheldon Adelson, Warren Buffett, and Bill Gates. Read more...

Border Crisis or Not, U.S. Continues to Operate a Rolling Amnesty

By David North, July 10, 2014

What the president never mentions, and may get lost in the understandable focus on the border crisis, is the fact that the United States runs a series of continuing amnesties all the time, year-round, year after year.

About half of the new green cards issued each year do not go to new arrivals, they go to aliens already in the county in either nonimmigrant or illegal status; it is a process called "adjustment of status". There are about half a million of these adjustments a year. Read more...

Let's Reverse the Queue at the Border and Hold Hearings in Spanish

By David North, July 7, 2014

Let's reverse the queue at the southern border among the Central American arrivals and push the most recent of them into immediate hearings, which should lead, routinely, to their rapid return to their home countries.

This is one of a clutch of suggestions I have to try to slow, if not stop, the current influx of families and some unaccompanied children — mostly male teenagers — from Central America. Read more...