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A CIS Weekly and CIS Announce update on publications, blogs, and other information from the Center for Immigration Studies.

New from the Center for Immigration Studies, 5/23/16


What's Happening at the Center
Executive Director Mark Krikorian testified before the Senate Judiciary Subcommittee on Immigration and the National Interest on the systematic refusal of the Obama administration to enforce the law. Without the consent of Congress, they have, in effect, made the violation of immigration law a "secondary offense", ensuring that an alien only face consequences if he breaks some other law. And even then, the primary violation has to be quite severe to warrant deportation. Mr. Krikorian explained that the administration's unconstitutional policy has brought a collapse in deportation numbers and led to the release of 85,000 criminal aliens since 2013. Many of these aliens have gone on to commit egregious crimes, including 125 homicides.

Recent Activities
Publication
1. Growing Numbers of Cuban Migrants in the United States

Congressional Testimony
2. Declining Deportations and Increasing Criminal Alien Releases: The Lawless Immigration Policies of the Obama Administration

Blogs
3. Univision Has a Go-To Guy for Outrage Against Deportation
4. U.S.-bound Illegal Migration Through Costa Rica: Cubans and More
5. Common Sense Prevails at the Supreme Court in at Least One Deportation Case
6. Another EB-5 Developer Sees His Assets Frozen by Court Order
7. Mexico Gets a Better Deal than the United States on Cuban Deportations
8. Using Expatriating Acts Against Terrorists to Safeguard the Homeland
9. EB-5 Funds Created Jobs, but Workers Were Not Paid
10. F.H. Buckley: Canada Is a More Successful Melting Pot than the U.S.
11. "Schrodinger's Immigrant" Is No Paradox: Welfare and Work Go Together in Today's America
12. This Is Getting Monotonous Third Indian-on-Indian H-1B Scandal in 12 Days
13. Temporary Protected Status Means Never Having to Go Home
14. U.S. Immigration Policy Imports Immobility and Boosts American Aristocracy, New Book Says


1.
Growing Numbers of Cuban Migrants in the United States
By Kausha Luna
CIS Backgrounder, May 2016
http://cis.org/Growing-Numbers-of-Cuban-Migrants-in-the-United-States

Excerpt: Today, Cuban migrants present themselves at the Bridge 1 port of entry (POE) in Laredo and say, "Estoy aqum para Ajuste Cubano" ("I am here for Cuban Adjustment"). According to officials, they are given a worksheet to fill out with basic biographical information, fingerprinted and photographed, and checked for prior deportations and serious criminal history. Then, despite the lack of a visa, they are allowed to enter as "parolees", a form of entry that by law is supposed to be reserved for individual cases of exceptionally compelling humanitarian or national interest (as opposed to everyone of a particular nationality).

It has not always been standard policy to admit Cubans via parole. Officials we spoke to explained that prior to the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Cubans who presented themselves at the land port of entry were not allowed to enter immediately, but were sent to the U.S. Embassy in Mexico City to make their asylum claim. Following the implementation of the 1996 act, which established Expedited Removal as a form of deportation processing, they were processed as Expedited Removal/Credible Fear (ER/CF) cases, meaning that they would be taken into custody and detained until their asylum claim/fear claim could be reviewed.

In those days, the government did not operate under the assumption that all Cubans have a credible fear of return or persecution, as is the case today. Cubans were questioned closely about their personal history, and often were determined to be economic migrants and thus unqualified to receive asylum or parole. Those who failed to establish a credible fear of return were not permitted to enter the United States.

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2.
Declining Deportations and Increasing Criminal Alien Releases
The Lawless Immigration Policies of the Obama Administration
Statement of Mark Krikorian
Senate Subcommittee on Immigration and the National Interest, May 19, 2016
http://cis.org/testimony/Krikorian-Declining-Deportations-and-Increasing-Criminal-Alien-Releases

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3.
Univision Has a Go-To Guy for Outrage Against Deportation
By Jerry Kammer
CIS Blog, May 20, 2016

Excerpt: Jorge Mario Cabrera is the spokesman for the Coalition for Humane Immigrant Rights of Los Angeles. He is also Univision's go-to guy for denunciations of efforts to enforce immigration law.

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4.
U.S.-bound Illegal Migration Through Costa Rica: Cubans and More
By Kausha Luna
CIS Blog, May 20, 2016

Excerpt: Along with the increasing flow of Cubans, in the last year Costa Rica has also seen an upward trend in the arrival of "extra-continental" (African, Asian, and Middle Eastern) illegal aliens. Earlier this year, approximately 1,200 illegal aliens tried to burst through Costa Rica's southern border from Panama, and about 200 of them were from outside Latin America. Macaya noted that, "the challenge with these migrants is far superior than the issues with the Cubans, because with the Cubans at least once they reach the United States they can enter. With all these others they cannot enter legally. So, there is no such thing as an agreement to airlift them or send them anywhere, because no one is going to agree to receive migrants if the country that's between your country and their destination country won't receive them. So, if the ultimate destination country won't receive them, which is the United States, then the whole chain gets locked up."

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5.
Common Sense Prevails at the Supreme Court in at Least One Deportation Case
By Dan Cadman
CIS Blog, May 20, 2016
http://cis.org/cadman/common-sense-prevails-supreme-court-least-one-deportation-case

Excerpt: As I discussed in my original blog, interpreting the definition of aggravated felony used in immigration law to require an interstate commerce connection in state charges is the height of absurdity. The only reason it is invoked in the federal criminal arson charge is because that is the only way that the federal government can involve itself in crimes that are otherwise within the sovereign jurisdiction of the states. In fact, it seems to me that to place such an element in state criminal statutes would not only be unnecessary, but could quite conceivably be an impermissible and unconstitutional intrusion into the uniquely federal authority over interstate commerce.

I'm pleased to say that the Supreme Court upheld the findings of the immigration judge, the Board of Immigration Appeals, and the Second Circuit Court of Appeals in determining that the state charge of arson did, in fact, meet the test of aggravated felony, notwithstanding the lack of any element of interstate commerce.

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6.
Another EB-5 Developer Sees His Assets Frozen by Court Order
By David North
CIS Blog, May 19, 2016
http://cis.org/north/another-eb-5-developer-sees-his-assets-frozen-court-order

Excerpt: Six days ago I wrote about a Florida/Vermont case in which an EB-5 developer's assets were frozen by court order.

Today's subject is a West Coast EB-5 middleman who is facing the same challenge. Life is never dull in the EB-5 cesspool.

The West Coast entrepreneur, however, has a certain negative cachet that the Floridian (Ariel Quiros) lacks Tom Henderson of Oakland, Calif., also runs one of those call centers that makes irritating phone calls (usually at dinnertime). His people pitch the University of Phoenix, a for-profit educational institution. The center also makes calls for Deutsche Bank to sell something not known to me, for a total of 100,000 a day.

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7.
Mexico Gets a Better Deal than the United States on Cuban Deportations
By Kausha Luna
CIS Blog, May 18, 2016
http://cis.org/luna/mexico-gets-better-deal-united-states-cuban-deportations

Excerpt: On May 1, amidst the transfer of thousands of visa-less Cubans from Central America to the U.S.-Mexico border, an immigration agreement between Mexico and Cuba came into effect.

The Memorandum, reaffirmed in Mexico last November, aims to establish a "legal, ordered, and secure migratory flow" between Mexico and Cuba. The agreement was originally signed between the two countries in 2008. As such, the Memorandum establishes the following guidelines in relation to illegal immigration and returns...

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8.
Using Expatriating Acts Against Terrorists to Safeguard the Homeland
By Dan Cadman
CIS Blog, May 18, 2016
http://cis.org/cadman/using-expatriating-acts-against-terrorists-safeguard-homeland

Excerpt: Twice in recent days I've blogged about a remarkable Department of Justice (DOJ) manuscript documenting the foundation and work of DOJ's Office of Special Investigations (OSI) see here and here.

DOJ buried the manuscript for several years under cover of confidentiality, and finally released a redacted version only to have the unexpurgated document leaked to the New York Times. I'm not generally a fan of the Times' editorial views too liberal-progressive for my taste, especially in matters of immigration policy but, like the Washington Post, perhaps simply by virtue of place and circumstance they sometimes perform a public service by publishing suppressed documents of national interest when aided by angry whistleblowers and scorned bureaucrats (the Pentagon Papers and Watergate come quickly to mind).

The OSI manuscript doesn't rise to the level of importance of either the Pentagon Papers or Watergate, of course, but it is instructive nonetheless. It provides lessons that reverberate for civil servants generally about the importance of honest organizational self-analysis; and for government officials involved in immigration and citizenship matters particularly, given the applicability of OSI's experience in those matters in ways that still resonate in today's troubled world.

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9.
EB-5 Funds Created Jobs, but Workers Were Not Paid
By David North
CIS Blog, May 17, 2016
http://cis.org/north/suppose-eb-5-funds-provided-jobs-workers-were-not-paid

Excerpt: Here's a new wrinkle in the EB-5 business: An employer got millions in EB-5 funds to run a shrimp farm and then didn't pay its workers.

Does the business get credit for creating these jobs without paychecks? Do the investors get their green cards anyway? As you might imagine, answers are not readily available.

Florida Organic Aquaculture, a for-profit enterprise, is a 22-acre shrimp farm in Fellsmere, Fla., and is reported by one news account to be a $16 million project that involved an unstated, but apparently substantial, amount of EB-5 investments.

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10.
F.H. Buckley: Canada Is a More Successful Melting Pot than the U.S.
By Jerry Kammer
CIS Blog, May 17, 2016
http://cis.org/kammer/fh-buckley-canada-more-successful-melting-pot-us

Excerpt: Yesterday's post reported on the appearance last week of George Mason law professor F.H. Buckley on MSNBC's Morning Joe program. Today we have more thoughts from the professor, who holds both U.S. and Canadian citizenship and says Canada has a better system of legal immigration than the United States because Canada, he notes, prioritizes the selection of immigrants who have skills and educational achievement that will allow them to integrate into the country's cultural and economic life. The U.S. system for awarding green cards, meanwhile, is heavily weighted toward family unification, i.e., allowing migrants who are already here to bring over their relatives, without regard to skill.

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11.
"Schrodinger's Immigrant" Is No Paradox: Welfare and Work Go Together in Today's America
By Jason Richwine
CIS Blog, May 17, 2016
http://cis.org/cis/schrodingers-immigrant-no-paradox-welfare-and-work-go-together-todays-america

Excerpt: Immigration skeptics need to get their stories straight, according to a misleading internet meme that has been going around the past couple of years. Immigrants either compete with natives for jobs, or they go on welfare. It can't be both, right? That's the point of the graphic below, which is a play on the famous Schrodinger's Cat paradox. "Too lazy to work" is presumably a reference to concerns about immigrants using welfare, which other iterations have made explicit.

Cuba
Unfortunately, spreaders of the meme (who include open-borders Reason editor Nick Gillespie) apparently do not understand how welfare in the U.S. works. "Schrodinger's Immigrant" is no paradox because most welfare programs are available to low-income workers. This means immigrants can and do simultaneously consume welfare and compete with natives in the labor market.

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12.
This Is Getting Monotonous Third Indian-on-Indian H-1B Scandal in 12 Days
By David North
CIS Blog, May 16 2016
http://cis.org/north/getting-monotonous-third-indian-indian-h1-b-scandal-12-days

Excerpt: This is getting monotonous. On May 4 we reported a middle-sized case of H-1B fraud involving both the loss of jobs to U.S. residents and the exploitation of Indian workers by Indian criminal employers in Virginia.

On May 12 we wrote about a somewhat similar case in California, and today we have the third case in the set, this time in Memphis, Tenn. Three cases in 12 days, all in the federal courts.

This time the corrupt employer, Ramesh Basa, has pled out and has agreed that the feds can seize six pieces of his real estate valued at half a million dollars as part of the deal. The agreement also included a joint recommendation by attorneys on both sides of the case for a one-year jail term for Basa.

This time, a slightly different technique was used to obtain H-1B workers for non-existent jobs (with the workers rented out later to other employers). Instead of creating phony little corporations as the alleged employers, as in the other two cases, Basa's team forged the names of real managers of existing companies on the applications.

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13.
Temporary Protected Status Means Never Having to Go Home
By Mark Krikorian
CIS Blog, May 16, 2016
http://cis.org/krikorian/temporary-protected-status-means-never-having-go-home

Excerpt: Congress in 1990 created something called Temporary Protected Status in an attempt to hem in unilateral executive actions on immigration. The law created a framework for presidents to let illegal aliens from a country stay here for a limited period of time if there was a natural disaster or civil violence back home that made the country "unable, temporarily, to adequately handle the return of its nationals." The point was to prevent presidential freelancing, though what had happened up to that time was microscopic compared to Obama's outrages. (I wrote last month about the likely grant of TPS to Ecuadorian illegals in the wake of the earthquake there.)

Predictably, there's nothing "temporary" about TPS. No one not a single person has ever been made to leave the United States because his TPS ran out. There are now maybe 300,000 or so illegal aliens with this status, which gives them work permits, Social Security numbers, driver's licenses, and more. Obama's lawless DACA and DAPA amnesties were modeled on TPS, though they target politically sympathetic categories of people rather than all aliens from a particular country, as TPS does.

The reason this "temporary" status is de facto permanent is that it is renewed every 12 or 18 months, forever. The Liberians who were the first group to benefit from the new formal status are still here a quarter-century later.

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14.
U.S. Immigration Policy Imports Immobility and Boosts American Aristocracy, New Book Says
By Jerry Kammer
CIS Blog, May 16, 2016
http://cis.org/kammer/us-immigration-policy-imports-immobility-and-boosts-american-aristocracy-new-book-says

Excerpt: As we at CIS prepare for our annual week-long border trip, which this year takes us to the Canadian border with New York and Vermont, I have been reading up on our northern neighbor's approach to border management and immigration policy. So my ears perked up last week when a native of Canada who studies immigration policy was a guest on the Morning Joe program.

The guest was F.A. Buckley, a professor at the George Mason School of Law, who now has both Canadian and American citizenship. He was there to discuss his new book The Way Back: Restoring the Promise of America.

Buckley pointed to what he sees as a fundamental flaw of U.S. immigration policy. He says it is the result of our emphasis on family unification in the awarding of green cards. He says other immigration countries, including Canada, have a smarter system that prioritizes a prospective immigrant's ability based on educational achievement and language skills to integrate into the Canadian economy.

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The Center for Immigration Studies is an independent, non-partisan, non-profit research organization founded in 1985. It is the nation's only think tank devoted exclusively to research and policy analysis of the economic, social, demographic, fiscal, and other impacts of immigration on the United States.