Wow. From Nextgov:

A yearlong probe into computer fraud at an immigration application processing center uncovered multiple incidents of internal hacking where staff accessed management-level emails and other confidential files, according to Homeland Security Department interviews, network analyses and internal emails obtained by Nextgov.

The investigation began in January 2008, when officials at U.S. Citizenship and Immigration Services, which is part of Homeland Security, reported to the department's inspector general that numerous personnel had violated federal security rules at the agency's Texas Service Center, one of four regional centers that handle a variety of immigration-related petitions and applications. According to the materials obtained, employees and supervisors abused system logon privileges, gained unauthorized access in some instances and then allegedly sabotaged audit logs to leave behind no traces of their illicit activities. IG papers list the redacted names of 17 subjects of the investigation, all of whom were information technology specialists.

The evidence of breaches at the center is the latest revelation of insider threats at USCIS. With their ill-gotten access rights, the Texas personnel were capable of, for example, granting citizenship rights, as well as reading files containing sensitive information on contract awards, immigration reform or other policy formulations, say former USCIS IT officials there at the time.

Hat tip to Rob Gard for the link.

While much of the focus of the media today will be on benefits to DREAMers, same sex couples facing separation due to the Defense of Marriage Act will likely also be positively affected by today's announcement. While the White House has said that it is not interested in defending DOMA, it has still been placing people in deportation proceedings. The travesty that is DOMA won''t go away - yet - but having some more peace of mind in knowing that one won't be separated from a spouse is an important step forward in the fight for immigration equality.

Major good news and thanks to my friend Rob Gard for forwarding me the link from Senator Durbin's office:

Today, in a letter to Assistant Majority Leader Dick Durbin (D-IL) and 21 other Senators, Department of Homeland Security Secretary Janet Napolitano announced that the Administration has established a new process for handling the deportation cases of DREAM Act students and other sympathetic individuals. If fully implemented, the new process should stop virtually all DREAM Act deportations.

“The Obama Administration has made the right decision in changing the way they handle deportations of DREAM Act students,” Durbin said. “These students are the future doctors, lawyers, teachers and, maybe, Senators, who will make America stronger. We need to be doing all we can to keep these talented, dedicated, American students here, not wasting increasingly precious resources sending them away to countries they barely remember. The Administration’s new process is a fair and just way to deal with an important group of immigrant students and I will closely monitor DHS to ensure it is fully implemented.”

On April 21, 2010, Senator Durbin and Senator Richard Lugar (R-IN) asked DHS Secretary Janet Napolitano to suspend the deportations of DREAM Act students.

On April 13, 2011, Senator Durbin, Majority Leader Harry Reid (D-NV), and 20 other Senators  followed up, asking President Obama to suspend DREAM Act deportations.

In June, John Morton, the Director of Immigration and Customs Enforcement (ICE), issued a memo (“the Morton Memo”) advising ICE officials to consider certain factors when deciding whether to proceed with a deportation.  One of these factors is whether an individual has been in the United States since childhood, like those who are eligible for the DREAM Act.  During a Senate Immigration Subcommittee hearing on the DREAM Act, Senator Durbin asked Secretary Napolitano what is being done to implement the Morton Memo and ensure Dream Act students are not deported.  Secretary Napolitano responded, “One of the things we’re working on now, is to design a process that would allow us as early as possible, to identify people who are caught up in the removal system, who in the end really don’t fit our priorities.”

There is a long history of the government exercising prosecutorial discretion in this manner.  The government has always decided who to prosecute – and who not to prosecute – based on law enforcement priorities and available resources.  The Supreme Court has held, “an agency’s decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agency’s absolute discretion.”

How the New Process will Work:

Under the new process, a Department of Homeland Security (DHS) and Department of Justice (DOJ) working group will develop specific criteria to identify low-priority removal cases that should be considered for prosecutorial discretion.  These criteria will be based on “positive factors” from the Morton Memo, which include individuals present in the U.S. since childhood (like DREAM Act students), minors, the elderly, pregnant and nursing women, victims of serious crimes, veterans and members of the armed services, and individuals with serious disabilities or health problems.  The working group will develop a process for reviewing cases pending before immigration and federal courts that meet these specific criteria. 

On a regular basis, ICE attorneys will individually review every case scheduled for a hearing within the next 1-2 months to identify those cases that meet these specific criteria.  These cases will be closed except in extraordinary circumstances, in which case the reviewing attorney must receive the approval of a supervisor to move forward.  DHS will also begin reviewing all 300,000 pending cases to identify those that meet these specific criteria.  These cases will be closed except in extraordinary circumstances, in which case the reviewing attorney must receive the approval of a supervisor to move forward.  Individuals whose cases are closed will be able to apply for certain immigration benefits, including work authorization.  All applications for benefits will be reviewed on a case-by-case basis.

The White House and USCIS deserve credit for launching a number of initiatives to get feedback from the public on immigration. The White House has held a number of gatherings on immigration and in recent months has been holding listening sessions around the country. USCIS has been holding regular stakeholders meetings allowing people to let the agency know what they like and don't like about immigration processing. And just today, USCIS announced that it is soliciting amicus curiae briefs to get feedback on cases being handled by the Administrative Appeals Office.

But is any of all this feedback being acted on? Regretably, there is little evidence that the expressed concerns are being addressed. A few months back, The White House issued an executive order requiring each government agency to get feedback from the public on ways to act more efficiently and effectively. Only a few weeks were offered to submit ideas - something that skeptics of the effort pointed to as proof that this initiative was largely for show. Not surprisingly, many were received regarding immigration processing. But we've heard almost nothing since the exercise to indicate which ideas are being adapted and why others are being rejected.

Yesterday, the National Foundation for American Policy released its own document enumerating various excellent administrative fixes that could be enacted (including several applying to the Department of State). The ideas come from a variety of sources including US Chamber of Commerce, ImmigrationWorksUSA, the American Immigration Lawyers Association and even my J-1 Visa Guidebook co-author Steve Yale-Loehr. Some of my favorites ideas are

- sharply cutting requests for evidence

- stop wasting taxpayer funds by holding redundant audits and instead used focused enforcement

- add STEM workers graduating with advanced degrees from US institutions to the Department of Labor's Schedule A thus avoiding much of the green card labor certification process.

- Simplify the H-2A and H-2B visa processes to make it easier for employers to comply with the requirements to legally hire guest worker; changes include expanding the program to include dairy farmers, 

- Start a trusted employer program to allow employers with a track record for complying with immigration law to avoid redundant submissions to prove their ability to comply with the rules of the various visa programs.

- create a system for supervisory review of denials of visa applications at US consulates

- allow the use of online advertising rather than print advertising to satisfy Department of Labor labor certification requirements

- add E-3 visas to the premium processing list

- allow for 240 days of continued work authorization for those who timely file for extensions of their employment authorization documents

- allow individuals with TN, O and E visas with pending adjustment of status applications to re-enter on their visas rather than having to use an advance parole document (just like H and L visa holders currently can)

- resume DOS visa revalidation in the US

- allow adjustment of status applications to be filed even if a visa number is not available

- require federal agencies to release immigration paperwork to the beneficiary and not just the sponsoring employer

All great ideas, but how many will actually happen? And for those that are ignored, will USCIS and DOS provide a non-weasley answer for why not? I'm not optimistic, but would love to be proven wrong.

The Tea Party - those lovers of the Constitution - have been ready to trash the 14th Amendment's right to birthright citizenship lest they think it might have the impact of increasing immigration. But the data shows birth tourism, one of the key concerns opponents of the 14th Amendment tout, is quite rare. According to a report in USA Today:

While birth tourism is real, there is little proof the practice is widespread, even in border states such as Arizona, where last year less than 2 percent of babies were born to non-resident mothers.

In 2008, slightly more than 7,400 children were born in the U.S. to non-citizens who said they lived outside the country, according to the National Center for Health Statistics. The figure was the most recent available. The number includes children born to women studying at U.S. universities, international visitors as well as so-called birth tourists.

While births to illegally present immigrants is significant, let's at least put aside the canard that people are coming over in droves to have their children in US hospitals.

About The Author

Greg Siskind is a partner in Siskind Susser's Memphis, Tennessee, office. After graduating magna cum laude from Vanderbilt University, he received his Juris Doctorate from the University of Chicago. Mr. Siskind is a member of AILA, a board member of the Hebrew Immigrant Aid Society, and a member of the ABA, where he serves on the LPM Publishing Board as Marketing Vice Chairman. He is the author of several books, including the J Visa Guidebook and The Lawyer's Guide to Marketing on the Internet. Mr. Siskind practices all areas of immigration law, specializing in immigration matters of the health care and technology industries. He can be reached by email at gsiskind@visalaw.com.

                         Follow @ilwcom

Share this page   |   Bookmark this page

The leading immigration law publisher - over 50000 pages of free information!
© Copyright 1995- American Immigration LLC, ILW.COM