Immigration Blog

Yet Another Chinese Immigrant in California Cheats Countrymen in EB-5 Case

By David North, July 8, 2015

They just keep coming — stories about EB-5 fraud, that is. This is the third blog I have written about this subject in the last 10 days. Each case was new to me and seemed to be more troublesome than the last.

The latest one involves Bingqing Yang, CEO of a Northern California oil and gas company. The Securities and Exchange Commission, according to an industry website, charged her with running a $68 million Ponzi-like scheme that victimized several Chinese EB-5 investors. Read more...

Feds Play Needless Game of Chicken with Public Safety in Utah

By Dan Cadman, July 7, 2015

A few days ago, the Salt Lake Tribune ran a story detailing how the state of Utah enacted legislation requiring background checks to determine immigration status before issuing driver's licenses. The law was to go into effect on July 1st. It didn't. Read more...

Update on Save Jobs USA's H-4 Case

By John Miano, July 7, 2015

Last week there was a little activity in the Save Jobs USA case against DHS over its use of regulation to allow aliens to work on H-4 visas. Judge Chutkan denied DHS's motion to dismiss the case on procedural grounds. That means the case will move to a decision. A win is still a win, but I would not read too much into this decision because, just as with the denial of the preliminary injunction motion, no merit issues were decided. Read more...

Sneaky Immigration Policy Proposals on E-2 Visas and the Age of Children

By David North, July 7, 2015

Rep. David Jolly (R-Fla.) has bundled two unattractive proposals (one old and one new) into a single bill (H.R.1834).

He wants to adjust the status of some nonimmigrant business people and their relatives now here on E-2 (temporary) visas to immigrant status; such conversions are a familiar technique in the immigration field, but not a good idea in this case. Read more...

Trumping Trump
According to the ACLU, La Raza, the New York Times, and the SSA, 75% of illegal immigrants commit felonies

By Ronald W. Mortensen, July 7, 2015
According to the ACLU, La Raza, the New York Times, and the SSA, 75% of illegal immigrants commit felonies

Did Donald Trump overstate the level of crime committed by illegal immigrants? Not according to the ACLU, the National Council of La Raza, the New York Times, and the Social Security Administration (SSA).

According to these organizations, as many as 75 percent of illegal immigrants use unlawfully obtained Social Security numbers to pay payroll (Social Security) taxes. That, in turn, means that the vast majority of illegal immigrants are committing multiple federal and state felonies including forgery, Social Security fraud, perjury on I-9 forms, and identity theft. Read more...

Another Life Needlessly Lost to Unacceptable Immigration Policies

By Dan Cadman, July 6, 2015

By all accounts Kate Steinle was a vivacious young woman with a bright future ahead of her — until she met her death at the hands of an illegal alien while strolling on a San Francisco pier with her father, who witnessed the fatal shooting. The alien was quickly apprehended by police and identified as Juan Francisco Lopez-Sanchez, a citizen of Mexico with seven felony convictions and five prior deportations from the United States. Read more...

Knowing What We Know Now, Mrs. Clinton, Would You Still Support Sanctuary Cities?

By Mark Krikorian, July 6, 2015

In the wake of the murder of Kate Steinle by a five-times-deported illegal-alien felon, news organizations worthy of the name would be all over the Democratic candidates asking if they regret their past, repeated, emphatic support for sanctuary cities. Read more...

Sleepy Immigration Agency with a Strange Appeals System

By David North, July 6, 2015

The Student and Exchange Visitor Program (SEVP) is the sleepiest of the immigration-management agencies — and that's saying a lot. Its task is to monitor nearly 9,000 educational entities, which, in turn, are supposed to monitor more than a million foreign students (as well as the foreign graduates who are working in the OPT program). Read more...

New York State and City Misuse Limited Federal Terrorism Grant Funds

By Dan Cadman, July 3, 2015

The Department of Homeland Security Office of Inspector General (DHS OIG) has issued a stinging report, "New York's Management of Homeland Security Grant Program Awards for Fiscal Years 2010-2012", on the use and misuse of terrorism grant funds provided to both the state and city of New York. Read more...

When Is a Boat Not a Boat?

By David North, July 2, 2015

Our immigration agencies often use language to obscure the true meaning of something, as my colleague Jon Feere reported recently.

An example of his concern is the use of this oft-repeated line: "DACA is for children brought here through no fault of their own." In reality, as Feere pointed out, "DACA isn't just for 'children' and the program doesn't require that illegal aliens prove they were brought here" as opposed to arriving illegally on their own. Read more...

Designating Foreign Terrorist Organizations and Immigration Enforcement

By Dan Cadman, July 2, 2015

The Government Accountability Office (GAO) has just issued a public report on the process used to designate foreign terrorist organizations (FTOs) under the Immigration and Nationality Act (INA), which assigns lead responsibility to the Secretary of State. It is called "Combating Terrorism: Foreign Terrorist Organization Designation Process and U.S. Agency Enforcement Actions". Read more...

Primer for Reporters Looking Into the H-1B Program

By John Miano, July 1, 2015

American media, I welcome you to the H-1B cesspool. After decades of neglect, I am happily surprised that Southern California Edison and Disney have drawn new attention to the H-1B program.

I do have one nit to pick. Many of you are referring to "loopholes" and "abuse". That is entirely incorrect. Disney and SCE show that the H-1B program is working as it designed to work. You need to start looking deeper. Read more...

Another EB-5 Scandal Emerges in California

By David North, July 1, 2015

Having just written a blog a couple of days ago about how the immigrant investor program seems to attract crooks and wastrels, yesterday I encountered yet another instance of this pattern.

The facts may not all be in, but the charge in a civil lawsuit in California is disturbing. The former chief financial officer of SolarMax Technology in Los Angeles, Michael McCaffrey, has asserted that his former employer fired him for revealing the company's "fraud and financial improprieties" in connection with its raising of some $60 million in EB-5 funds. Read more...

Clinton Cash Flashback, Immigration Edition

By Mark Krikorian, June 30, 2015

I can't let this month expire without noting that it's the 20th anniversary of Barbara Jordan's bipartisan Commission on Immigration Reform recommending a reduction in legal immigration to about 500,000 per year (it's twice that level today). After their release, President Clinton said the recommendations were "consistent with my own views," while White House press secretary Mike McCurry said: "the President indicated to Barbara Jordan today that he will support such reductions."

By March he'd flipped, opposing especially the cuts in family chain migration. Read more...

Enforcement Cooperation Is a One-Way Street

By Dan Cadman, June 30, 2015

The now-concluded manhunt for two convicted killers in upper New York state has had me thinking about immigration enforcement and cooperation. This is because the first killer to be located, Richard Matt, was tracked down and confronted by Department of Homeland Security (DHS) Border Patrol agents (BPAs), who were obliged to shoot him when he refused to lay down his weapon in the encounter. Read more...

Is There Something about EB-5 that Attracts Wastrels and Crooks?

By David North, June 29, 2015

It looks like it has become a pattern: An executive gets involved with the EB-5 program and is subsequently charged with a variety of abuses. The latest such story has emerged from within Michigan's state government.

According to the Detroit Free Press, the state's chief internal auditor reported that the state's EB-5 office (part of the Michigan State Housing Development Authority) and a sister agency issued seven contracts that were marked by "a lack of competitive bidding, inflated charges, and invoices that were paid twice."

The director of housing and the EB-5 program, Scott Woosley, was forced out of office last year following other charges of extravagance and waste. For instance, the Lansing News reported the following under the heading "Escargot and a stretch limo; 5 expenses that landed Michigan housing director in hot water": Read more...

Here to Stay
Court statistics reveal Obama policy on surge crossers is a failure

By Jessica Vaughan, June 26, 2015
Court statistics reveal Obama policy on surge crossers is a failure

Most of the illegal border crossers from Central America who arrived in last year's surge have skipped out on their hearings, according to immigration court statistics obtained by Fox News. Only about 1 percent of the total have been awarded legal status or relief from deportation by immigration judges, but a significant number (37 percent) of the unaccompanied juvenile arrivals have had their cases closed or terminated, which indicates that they most likely also will be allowed to avoid deportation. In spite of these facts, yesterday the Obama administration announced that it will release the few illegal crossers who were detained, as well as any new arrivals who "state a claim" for asylum. Read more...

Bad News from the Badlands – FBI Probe of EB-5 Ends with No Indictments

By David North, June 26, 2015

The acting U.S. attorney in South Dakota, Randy Seiler, has decided that there are no grounds to indict anyone for the various EB-5 scandals in that state, a subject I have written about frequently in the past.

The decision came from Seiler after he reviewed an FBI report on the subject. That report was not made public, according to the state's largest newspaper, the Argus Leader.

This is bad news because these scandals, complex as they may be, are outrageous and bipartisan in origin and whitewash has been applied liberally by both parties. EB-5 rewards an alien who chips in half a million dollars to a Department of Homeland Security-sanctioned (but not assured) investment in the States in exchange for a family-sized collection of green cards. Read more...

DHS Creates TPS Status for Nepalis

By David North, June 24, 2015

The Secretary of Homeland Security has just added Nepal to the list of nations whose citizens can apply for Temporary Protected Status in the United States. This brings the current list of such nations to an even dozen.

The rationale was the recent earthquake in that country. Read more...

More Chaos in EU Migration, This Time at the "Chunnel"

By Dan Cadman, June 24, 2015

British and French media outlets have been reporting on a strike by French workers at the Calais ferry crossing giving access to Britain. The ferry is often used by cargo trucks ("lorries") and other commercial vehicles. Striking workers broke into the secure area surrounding the ferry access points, shutting down the operation in its entirety and causing French authorities to react by sending in riot police. Read more...

Virgin Islands Governor Uses EB-5 as an Excuse for Mainland Trips

By David North, June 24, 2015

The following is taken from the June 19, 2015, Virgin Islands Daily News (The "he" is the VI's governor, Kenneth Mapp):

"The EB-5 program is a specialized program, and any law firm really don't do EB-5 work, and they don't have the relationship with the State Department and the Department of Homeland Security in dealing with the background issues to be able to grant someone EB-5 status," he said.

The Supreme Court Provides a Win to Sovereignty, Security, and Common Sense

By Dan Cadman, June 23, 2015

The Supreme Court recently issued a decision in an immigration-related case Kerry, Secretary of State, et al. v. Din. The decision reaffirms that although people have the right to marry anyone they like, if the spouse is a foreigner, he or she has no intrinsic right to enter the United States when excludable under any of the grounds laid out by law.

To people like myself, it is one of the rare victories these days in an increasingly beleaguered national immigration system under peril from open borders advocates who persistently push the boundaries of sovereignty and common sense. Read more...

Ghosts of Abusers Past Can Give Legal Status to Some Aliens

By David North, June 23, 2015

The abusing spouse (probably the husband) is dead and has been for nearly two years.

The abused spouse is not a legal U.S. resident, but she can claim green card status because of the abuse she suffered at his hands even though it would be impossible, by definition, for the abuse to happen again.

This highly specialized, not totally rational piece of our immigration policy is not, in this case, an invention of the USCIS. Instead, it was produced by Congress. Read more...

Vast Ramifications in Senate Obamatrade Vote Tuesday

By Jessica Vaughan, June 22, 2015

Tomorrow the Senate will have to vote again whether to give President Obama fast-track authority to negotiate trade agreements that will have an enormous impact on the U.S. economy and future job prospects for U.S. workers — and significantly constrain congressional authority over U.S. immigration policy. Read more...

Senators Vote to Allow Visa Waivers for Poland

By Jessica Vaughan, June 22, 2015

On Thursday, a Senate committee voted to add Poland to the Visa Waiver Program (VWP) at the request of Sen. Mark Kirk (R-Ill.) and Sen. Barbara Mikulski (D-Md.), despite the fact that Poland has too high a visa refusal rate to participate. Expanding this risky program to unqualified countries at a time when immigration laws are not enforced, particularly against visa overstayers, would only invite even more illegal immigration.

The measure was approved by the Senate Appropriations Committee as an amendment to the Senate's version of the DHS appropriations bill (the House version has not yet been finalized). Read more...

PEP Rallies Diffuse Responsibility at ICE

By Dan Cadman, June 18, 2015

Immigration and Customs Enforcement (ICE) Director Sarah Saldana recently issued an all-hands email broadcast to ICE employees about the new Priority Enforcement Program (PEP). She was perhaps responding to criticism that the program, announced by Department of Homeland Security (DHS) Secretary Jeh Johnson to replace the Secure Communities program he ordered dismantled in November, was amorphous and unexplained, or perhaps she was reacting to the filing of a Freedom of Information Act lawsuit against the government to discover the detailed workings of PEP. Read more...

Disney and Illusion: The Great H-1B Visa Heist

By Jerry Kammer, June 18, 2015

The annals of corporate disregard for the well-being of workers should hold a place for a new, disenchanting story from the Magic Kingdom. A famed American institution, Disney Parks and Resorts has managed not only to lay off American tech workers so it can hire cheaper foreign workers, it has required the departing Americans to train their foreign replacements. Read more...

Obama Is Right: His Father Was Not an "Immigrant"

By Jon Feere, June 18, 2015

President Obama recently recognized the so-called "Immigrant Heritage Month" — a phony creation of cheap labor lobbyists at Facebook's FWD.us. The unofficial designation is simply a facade designed to advance Obama's amnesty agenda and help companies obtain cheap tech workers from abroad.

During his weekly address on the subject, Obama promised to push for more immigration despite high unemployment, but also made an admission that highlights the inaccurate language used all too often in the immigration debate. Without realizing it, Obama supported those of us who prefer use of accurate terminology when discussing immigration.

Obama noted that his "father was not an immigrant". This is true. An "immigrant" as defined by Merriam-Webster, is a person who moves to a country to take up "permanent residence". Read more...

New York Times Almost Gets It Right on H-1Bs

By John Miano, June 17, 2015

We now even have the New York Times editorial board calling for reform of the H-1B program. While I am glad to have them on board, the editorial does make a couple of serious factual mistakes.

First, the Times states that employers are using "loopholes" to replace Americans. These are not loopholes. In 1998, Congress explicitly made it legal to replace Americans with H-1B workers in nearly all circumstances. In 2004, Congress explicitly gave employers the ability to pay H-1B workers extremely low wages. Read more...

Government Rhetoric Doesn't Meet Reality for Alien Smuggling or Other Immigration Prosecutions

By Dan Cadman, June 17, 2015

When the president gave his prime-time national television address last November to announce the series of executive actions his administration was pursuing (many of which are now barred by a federal court restraining order pending appellate hearing), he made a point of suggesting that he would be balancing the grant of deferred action and work permits to millions of illegal aliens on the one hand, with strong steps to curb the most egregious aspects of illegal immigration. He spoke of focusing on "felons, not families" and putting an emphasis on interdicting criminals and gangs — exactly the kind of individuals who make up the alien smuggling organizations that are getting rich trafficking in human misery across our southern frontier.

Many people, myself included, have questioned the administration's sincere commitment to any kind of serious immigration enforcement goals, including the kind outlined in the president's remarks, and with good reason. Read more...