March 12, 2013
Richard Trumka, president of the AFL-CIO, was recently quoted in an ABC News story about the dangers of nonimmigrant worker schemes:
"Programs like the bracero program or temporary guest-worker programs where individuals were tied to an employer, they got exploited", he said. "They got cheated out of wages [and] they weren't given what was rightfully due to them. They were forced to work under unsafe conditions. They were forced to accept substandard wages. They couldn't say anything, because if they did, [the employer] would jerk their permit and deport them."
March 8, 2013
It is now apparent that an immigrant investor in the EB-5 program can secure at least some immigration benefits without actually investing any money. Read more...
March 8, 2013
Within our immigration system there are three negatives to avoid:
- Bad public policy;
- Fraud against the United States and its citizens; and
- Fraud against individual aliens.
One often encounters a single negative, such as someone seeking to enter the United States with bad documents; he would be in Class B. Read more...
March 7, 2013
When the government decides not to spend the needed amount of tax moneys on immigration enforcement, it can always argue that it is helping to reduce the national debt.
When the same government, presumably only lightly motivated to regulate migration, decides not to charge adequate fees for enforcement activities to immigration-related entities profiting by lax regulation, it has no such defense. There is no public sector savings, all the savings go to the private entities that use the program. Read more...
March 6, 2013
The phone call yesterday afternoon from CBS News puzzled me; the reporter wanted to know the extent to which proxy marriages played a role in immigration-related marriage fraud.
"It is certainly possible, but I have no specifics for you", I told the reporter, and wondered why the question was being asked. Read more...
March 5, 2013
An H-1B placement operation in Texas has been charged with mistreating its workers, misleading the U.S. government, and engaging in both visa fraud and wire fraud.
Earlier this month, Dibon Solutions of Carrollton, Texas, and six of its current or former executives were hauled into federal court in Dallas to face these counts. The principal defendants are Atula and Jiten "Jay" Nanda, two feuding brothers who had at one point owned the company jointly. (They are currently engaged in a separate court battle with each other over the control of the firm.) Read more...
February 28, 2013
Immigration marriage fraud, often taken all too lightly by the press, has yet again been linked with murder.
This is the fifth time we have seen this linkage in the last couple of years, with previous cases noted in an earlier blog. Read more...
February 26, 2013
Earlier today the Associated Press ran an article saying that the Department of Homeland Security (DHS) had started releasing "several hundred" illegal aliens held in DHS detention facilities because of the impending sequestration of federal funds.
This was an odd move — presumably designed to scare the Congress into resolving the sequestration crisis. Read more...
February 26, 2013
Suppose there's a law-enforcement operation that works 99.92 percent of the time, and when it does not work, it is a short-term inconvenience for criminals.
That's pretty commendable, right?
Unfortunately the Los Angeles Times does not see it that way Read more...
February 26, 2013
People in the immigration field are well aware that visa abusers present an enormous challenge.
The release of "Binational Dialogue on Mexican Migrants" at a briefing on Capitol Hill today reminds me of the problems created by "study abusers" who will surely twist this report to advance the interests of the mas migration forces. Read more...
February 25, 2013
A small bit of the Justice Department — the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) — has, totally out of character, actually moved to discourage employment bias against U.S. citizens!
This entity usually spends its energies beating up on employers who are a little too vigorous in their efforts not to hire illegal aliens, but this time it has issued a press release saying it found a Florida employment agency that had violated the law: Read more...
February 20, 2013
This one is a little convoluted.
The government wants some detained aliens, under some conditions, to be released on bond while their status is being sorted out.
With that in mind, the government has licensed certain bail-bond insurance companies to do this work. Read more...
February 19, 2013
The headline on the ICE press release is more positive, if less telling, than the one above; it reads "Nogales Tunnel Task Force Shuts Down Cross-border Tunnel".
It is another account of how Mexican drug traffickers, using patience and medieval skills, have managed to dig yet another tunnel under the border, a tunnel that our enforcement people noticed only when large bundles of marijuana started showing up on our side of the line. Read more...
February 18, 2013
You might think if 261 would-be EB-5 immigrant investors – all rich residents of China – were caught up in an immigration fraud case that: 1) the Department of Homeland Security would bring the case, and 2) there would be a demand for criminal convictions.
You would be wrong on both counts. Read more...
February 14, 2013
"What do you want to do with me?" asked confessed illegal alien Jose Antonio Vargas in the most striking (and most egocentric) line at yesterday's immigration hearing of the Senate's Judiciary Committee.
Vargas' testimony, and the hearts-and-flowers reaction of most of the Democratic senators to it, dominated the mood of the pre-Valentine's Day session and all-too-accurately reflected the approach of most of the senators to the complex immigration issues before the committee. Read more...
February 12, 2013
Wednesday's Senate hearing on immigration policy is a perfect example of how to stage-manage a congressional hearing to secure the maximum advantage for the policies favored by the committee's majority.
The hearing will be before the Senate's full Judiciary Committee and the list of prospective witnesses alone promises it to be a media victory for those advocating a massive amnesty of illegal aliens.
As a sometime witness myself at such hearings, and as a frequent observer of others, let me tick off the ways that a talented committee chair can rig a hearing: Read more...
February 12, 2013
Even the advocates of a massive amnesty admit that millions of illegal aliens are also income tax violators. They routinely argue that legalizing them would produce millions of additional tax payers in the future.
If we have an amnesty, which I think is a bad idea, I would prefer that only aliens with clean tax-paying (as well as criminal) records should be considered for legalization. Read more...
February 11, 2013
Our immigration policy debate would be pretty muted if there were not so many Hispanics fleeing to the United States from Hispanic-run societies. Read more...
February 6, 2013
To what extent are the pro-amnesty people advocating what the illegal aliens want for themselves, and to what extent are they calling for, instead, what the advocates want to do to the illegal aliens?
That question was implied in yesterday's marathon immigration policy hearing of the House Judiciary Committee. Read more...
February 5, 2013
If you are a Democratic member of the Congress, and are paying close attention to public policy issues, you may find yourself in this situation:
You support the massive "path to citizenship" for illegals backed by the president
You support the president's efforts to restrict gun rights (as do I).
You know that illegal aliens currently cannot legally own guns.
Thus, by backing the amnesty, you would be expanding — eventually — the number of people who may lawfully own guns by 11 million or so — and every one of the 11 million would have a record of breaking the law! Read more...
February 4, 2013
When I was growing up, the rule at the dinner table was that you had to eat your spinach (or worse, boiled Brussels sprouts) before you could have your dessert.
That's a good precedent, but one that the Obama administration has not applied to either the proposed mass amnesty program as I noted in an earlier blog, nor to the rules set forth for those who are currently applying for Deferred Action for Childhood Arrivals (DACA). Read more...
February 4, 2013
If you need a brief respite the from the gloomy news of a perhaps impending massive legalization program, here are some immigration oddities reaped from the January 14 issue of Interpreter Releases, the sober-sided, irony-free trade paper for immigration lawyers. Read more...
February 1, 2013
We have all been warned against making predictions about the future. But if the future reflects the past the figure below shows what could happen to the size of the illegal alien population in 2038, 25 years from now, if the current group of 11 million illegals becomes legalized under the Obama plan. Read more...
January 31, 2013
You might have gotten the impression that the White House is proposing that the newly amnestied millions will have to pay their taxes in order to secure legal status.
You would be wrong. Read more...
January 30, 2013
Birth tourism — which recently has become a local controversy in Southern California — arises from a confluence of strong factors, illustrated in the diagram below.
Birth tourism is the planned birth of an infant in the United States by a visiting alien mother who seeks at-birth citizenship for the baby; typically she and the baby leave the country after the birth, but the child can return at any time in the future, and years later can set in motion the legal immigration of his or her parents and other family members. Read more...
January 29, 2013
Two small classes of aliens who have, in effect, thumbed their noses at the United States, are now about to get their green cards — despite non-admirable behavior in the application process.
Neither group has done anything criminal, but they have (at least in my eyes) treated Uncle Sam with disdain. Despite this, USCIS has set in motion techniques for them to get admitted to the United States.
These are the careless brides and grooms, on one hand, and the overly casual, overseas relatives of people who have secured refugee or asylee status, on the other. Here are the stories: Read more...
January 28, 2013
Today's New York Times and Washington Post ran news articles about how a group of eight senators has cobbled together a "comprehensive immigration reform" plan that will introduce a massive amnesty program after some "tougher enforcement" strategies have been put in place.
The proposed enhancements of immigration enforcement are largely symbolic and are designed to sound good, rather than to actually reduce the populations of legal and illegal immigrants.
Here's a little checklist on some of the weakest of these proposals: Read more...
January 21, 2013
Two of the characteristics of the lingo of the immigration business are its often-convoluted nature and its double-negatives.
For example, cancellation or suspension of removal is good news for the alien — it means that he will not be deported — but voluntary departure is bad news, it means that he has to leave the country (but not in custody).
But the indoor gold medal in the field of awkward, multiple-negative, complex convolutions in immigration law terminology must go to this wonderful headline in the January 7 issue of Interpreter Releases: Read more...
January 16, 2013
Here's a puzzling, immigration-related, political and philosophical question, one that may call for the diagramming of the sentence below:
If we are going to have an amnesty for illegal aliens, which is not a good idea, should it be designed to make it relatively harder for more-useful potential residents of the United States to cheat the system than for less-useful potential residents to do so? Read more...