November 29, 2012
The Canadians are having a delightful and totally appropriate battle over foreign workers — coal miners from China.
Here's the situation: Read more...
November 27, 2012
If there is any legislative move on a version of the DREAM Act, a possibility Mark Krikorian discussed in a recent blog, we should insist on at least this one minimal requirement: every applicant must be interviewed, in person, by a USCIS officer — not by a consultant or by contract staff.
While the officer's decision might be subject to supervisory review, the original recommendation should carry substantial weight in the overall determination of the case. Read more...
November 26, 2012
If a report from the Congressional Research Service (CRS) implies that immigration law enforcement on the job site is minimal, you know it must be true. Read more...
November 21, 2012
Denial rates in the Deferred Action for Childhood Arrivals (DACA) amnesty are still being kept under wraps by USCIS, but some light was shed on related subjects recently; further, the agency earlier released some numbers on non-DACA denial rates.
As many have noticed, USCIS is much more likely to talk about case volume (receipts) or grants (approvals) than it is about denials of applications. This is in keeping with its self-image as a benefit-granting agency. Read more...
November 18, 2012
All too often we hear about the heart-rending story of the individual alien, often illegal, who loses a battle with the immigration-management system. The tale is about the high school valedictorian who wants to become a priest or a physician (for instance) who is about to be deported. But we never hear about how many others would have to be granted legal status if this one case were to become a precedent.
In other words there is a journalistic focus on the attractive individual alien, with no thought of the larger picture. Read more...
November 14, 2012
All too often we read that immigration fraud has been detected years, even decades, after the event.
But our British colleagues have just reported the prevention of a case of immigration-related marriage fraud before it occurred.
Part of the story apparently relates to a heads-up marriage license clerk, and part to an underlying British immigration policy situation that is different from ours and which I will get to later. Read more...
November 13, 2012
While my colleagues are (appropriately) doing the heavy lifting regarding the immigration policy implications of the recent elections, we might focus on some of the immigration policy anomalies that result from the hugely complicated rules and regulations on the subject. Some of those rules are in the federal sphere, some the states' sphere, and some in both. Read more...
November 9, 2012
Though the ICE press release does not acknowledge it, federal investigators from that agency and the Department of Labor (DoL) have uncovered and corrected a huge H-1 problem that had been missed by both USCIS and DoL — for a decade. Read more...
November 8, 2012
This is one of those cases where one has to give the immigration lawyer involved credit for creativity … even though his client lost in the end.
Here is the situation from the U.S. District Court in the Southern District of Alabama: Andreas Andreason, Jr., a U.S. citizen, was on trial for immigration-related fraud in connection with his marriage to Katerina Petrasova, a Czech national, who was using the marriage to get a green card. (She was indicted, too.) Read more...
November 7, 2012
The elections — with one major exception — did little to change the composition of the immigration subcommittees in the House and Senate. Each subcommittee has, and probably will continue to have, 11 members. The leadership of each subcommittee will stay with the party that now holds it. Read more...
November 6, 2012
A candidate for the U.S. House of Representatives, indirectly linked to disgraced, mass-migration lobbyist Jack Abramoff apparently has lost; it is the first result of the day.
The returns (albeit partial) are available because the election took place on the other side of the International Date Line, in the Commonwealth of the Northern Mariana Islands (CNMI), just north of Guam in the western Pacific. Read more...
November 5, 2012
Count on the American island territories to do things to the extremes, including in immigration matters. Consider, for example:
- The extreme proposed island constitution in the U.S. Virgin Islands
- The extreme proposed sentencing for an immigration crime in Guam; and
- The extreme power of employers and the extreme governor in the Commonwealth of the Northern Mariana Islands (CNMI), just north of Guam.
November 1, 2012
One of the reasons we do not have more illegal immigration than we have already is because it is expensive in terms of money, human time, and skills and sometimes, sadly, human lives. Read more...
October 31, 2012
We often hear about the vast workloads and long delays in the various immigration court systems, but I have never heard a word about the large numbers of pointless, useless cases brought by the immigration bar that aggravate that problem.
Let me provide one stunning example — a Board of Immigration Appeals (BIA) decision — published earlier this year. Read more...
October 26, 2012
A continuing political problem for the restrictionist movement is the relative absence of what should be a logical set of allies: African-Americans, Puerto Ricans, Native Americans, union members, the disabled, and perhaps gays.
Members of these groups — all to some extent discriminated against in the job market — benefit from tight labor markets, and perhaps the most important byproduct of restrictionism is the reduction of alien workers in the workplace, which would lead to a tighter labor market. Read more...
October 23, 2012
One might say that immigration marriage fraud runs in the family. Or one might say that here is a new (to me, at least) motivation for a phony marriage. You would be right on both counts in this newly concluded case from Virginia Beach, Va.
Several people are seriously at fault in this case, but the principal villain is neither the U.S. citizen groom in the case nor his (phony) Belorussian spouse.
That distinction belongs to Danil Lyapin who, among many other things, is the son of the bride (Natallia Liapina) and same-sex lover of the groom, Armondo Figueroa, who married the bride to please his male lover (an unusual motivation for marriage fraud). Danil wound up arranging his mother's phony marriage, thus becoming the lover of his own stepfather. Read more...
October 22, 2012
Here are a couple of problems: in each case a hostile force is using a secret device to advance its nefarious cause. In each case an English-speaking government wants to do something about it.
These are the challenges:
- During World War II the Germans had (for the time) a high-tech way to mask its military messages; they did so through the Enigma Code.
- Right now the Mexican drug cartels are using tunnels under the border to mask its delivery of illegal drugs, as well as some illegal aliens, into the United States.
The results of the two governments' efforts: Read more...
October 17, 2012
As we reported in an earlier blog, the staff of USCIS rejected a questionable set of immigrant investor applications, revoking some earlier decisions in the process, and brought down on the agency a court case filed by some of the biggest guns in the EB-5 business.
Acting swiftly, a federal district court judge sitting in California totally rejected the applicants' attempt to get a temporary restraining order against USCIS, though other elements of the case continue to be litigated. Read more...
October 15, 2012
Sen. Chuck Grassley (R-Iowa) and Rep. Lamar Smith (R-Texas), the ranking GOP member of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee, respectively, have uncovered an outrageous, but not entirely surprising, feature of the way in which the Deferred Action for Childhood Arrivals (DACA) amnesty program is being carried out. Read more...
October 12, 2012
It's the immigration policy version of the Royal Navy steaming out of Portsmouth Harbor on its way to the Falklands War; it means that an establishment is facing a serious challenge.
That's the image I had when I read the front-page, signed article in the September 24 issue of the immigration bar's trade paper Interpreter Releases by the grand old man of the immigration bar, Austin Fragomen, Jr. It is highly critical of a proposed set of procedures and forms for the H-1B program announced by the U.S. Department of Labor (DoL). The article is not available online, and it is one of the rare such treatments of a policy issue by IR. Read more...
October 10, 2012
We rarely see news photos of EB-5 investors, legitimate or illegitimate, but we almost did in yesterday's New York Times. EB-5 is the immigrant investor program.
The picture of Ofer Biton, the would-be EB-5 investor, was partially obscured by the large left hand of Bennett Orfaly, who has ties "to a member of the Gambino organized crime family", according to the paper. It is quite a picture and quite a story. Read more...
October 9, 2012
One of the troubles with those of us who focus on immigration policy in the United States is that we think almost exclusively about migration to this country, and forced migration (deportation) out of it. I must admit to being guilty of those narrow thought processes most of the time.
There are two other subjects, however, that should get more consideration than they get:
- Voluntary departures from the United States of both citizens and aliens, the subject of today's blog, and
- Immigration control techniques used by other democracies, to be dealt with later.
October 5, 2012
It is a typical sob-sister report on a deportation matter, but it includes a reference to a rarely discussed law enforcement/diplomatic issue: What do we do about nations that accept hundreds of millions of dollars in grants, but will not take back their citizens as deportees?
The answer, sadly, is very little.
The story was in Thursday's Washington Post and its headline tells the paper's pitch: "After run-in with law, Cambodian immigrant's permanent residency is at risk". Read more...
October 2, 2012
Everyone was well-dressed, well-spoken, and quite polite, and there were no cheerleaders or brass bands in sight, but Monday's event at the Georgetown University Law School was clearly a pep rally for the more-migration forces. Read more...
October 1, 2012
If you are a single alien with no claims to a green card, and you are thinking about marrying a resident of this nation, your best bet is a U.S. citizen, rather than a legal permanent resident (LPR), because you are much less likely to become an abused spouse. Read more...
September 28, 2012
USCIS sometimes does the right thing, and when that happens, this blog, often critical of the agency, should acknowledge such decisions.
In this case, USCIS decided to reject a proposal by the USCIS Ombudsman's Office that USCIS ride to the rescue of incompetent employers seeking quick decisions to hire foreign workers, which was discussed in a prior blog. Read more...
September 27, 2012
You probably think of Immigration and Customs Enforcement (ICE) as a law enforcement agency — and it is — but recently it started providing social work services to foreign college students. Read more...
September 26, 2012
Should the president of a university authorized by the Department of Homeland Security to accept foreign students in the United States be fluent enough in English to appear in a federal criminal court without an interpreter? You would think so.
Most U.S. university presidents are fluent in English.
Most university presidents are not charged with fraud in a federal court.
Most university presidents are high-ranked employees of their universities, not also the owners thereof.
Most university presidents do not run visa mills.
And then there's Jerry Wang, the owner and president of Herguan University in Silicon Valley's Sunnyvale, who does not fit any of those four generalizations. Read more...
September 25, 2012
You might say that there are two streams of potential migrants to the United States that are often in at least partial conflict with each other for visa slots — the "huddled masses" and the "best and the brightest" — and the more-migration people are always busy trying to blur or hide that conflict.
This contest takes place within a 90-year-old American consensus that says that most immigration should be numerically controlled — so unlimited admissions of both the huddled and of the bright is not the answer, either. Read more...