Sunday, October 4, 2015

Update On The War On The Border Patrol

There have been two major developments in the Obama Regime War On The Border Patrol.  In the first, the Regime and the Treason Bar suffered an ignominious defeat but in the second, the Regime hit back at court decisions supporting the authority of Border Patrol Agents to act in self-defense against attacks on them from Mexico.

First, the good news.  The patriotic 5th Circuit Court of Appeals, the same court that struck down parts of the DAPA amnesty, have handed the Obama Regime another defeat, ruling in the case of a Mexican alien smuggler who was shot while attacking Border Patrol Agents.  In this case the Treason Bar, with the quiet connivance of the Obama Regime, sued Border Patrol Agent Jesus Mesa for shooting terrorist and alien smuggler Sergio Adrian Hernandez Guereca.

LAT April 21, 2015 by Associated Press
Family Of Boy Killed By Border Patrol Can't Sue Agent In U.S., Court Rules
A U.S. Border Patrol agent who killed a Mexican teenager when he fired across the border from Texas into Mexico cannot be sued in U.S. courts by the boy’s family, a federal appeals court ruled...
The unanimous ruling was issued Friday by the full 5th U.S. Circuit Court of Appeals, reversing most of an earlier 2-1 ruling by a three-judge panel of the court. The border agent's lawyer said the opinion vindicated his client.
As expected, the court decided that aliens outside the United States don't have the protection of the Constitution, as in the case of the late Osama Bin-Ladin.
The full court rejected the family's contention that Mesa's immunity from a civil suit was superseded by the U.S. Constitution's 4th Amendment, which guarantees the right of “the people to be secure in their persons,” or by 5th Amendment protections against deprivation of life without due process of law.
A 4th Amendment claim cannot be asserted by a Mexican citizen on Mexican soil with no significant connection to the United States, the appeals court ruled.

However, in response to the loss in the 5th Circuit, as the Obama Regime was conspicuously silent in the Mesa case, the Regime decided to indict another Border Patrol Agent involved in a cross border shooting, Lonnie Swartz.  Importantly here, Swartz is white, while Mesa was Hispanic.  Undoubtedly this was a major factor in the decision to indict, given the Regime's War On White Police Officers.

Houston Chronicle September 24, 2015, by Astrid Galvan
Border Patrol Agent Is Indicted In 2012 Fatal Shooting
TUCSON, Ariz. (AP) — A Border Patrol agent charged with second-degree murder in the death of a Mexican teen is one of only three agents to face murder charges in more than 20 years.
Lonnie Swartz was indicted Wednesday on one count of second-degree murder by a federal grand jury that reviewed the death of 16-year-old Jose Antonio Elena Rodriguez, who was hit about 10 times by bullets that went through a border fence.
"It's very rare for a Border Patrol agent to be charged criminally when the abuse or killing is on U.S. soil," said Lee Gelernt, deputy director of the Immigrants' Rights Project for the American Civil Liberties Union.
In the case of a cross-border shooting with the victim on Mexican soil, the ACLU group did not know of any previous scenario in which a Border Patrol agent was indicted, Gelernt said.

Given the length of time between the incident and the indictment, politics is the only reason for the indictment, given the massive campaign by the radical left, including National Public Radio (NPR) the Treason Bar and the ACLU in the Rodriguez case.  Both groups are closely connected to drug cartels, with the Treason Bar financially dependent on Mexican illegal alien drug smugglers who pay large sums of cash for their criminal and immigration defenses and the ACLU is dependent on drug legalization advocates for fund raising.

Interesting, but unsurprisingly, in the 9th Circuit a civil suit continues Agent Swartz continues despite the smack down such lawsuits received in the 5th Circuit.  But in the end, this is part of the Obama Regime War On The Border Patrol.

Sadly though, this is having an effect on the Border Patrol as illegal immigration increases, defensive use of force is down despite widespread and continuing violence from Mexicans terrorists.

Thursday, October 1, 2015

Communists Allege Racial Profiling

Reality is that there isn't enough racial profiling going on in the radical city of Berkeley, CA.  The well known communist front group, the communist National Lawyers Guild (NLG), announced a report on stops by the Berkeley Police Department (BPD) and claimed, to no one's surprise, that the BPD targets blacks in its proactive law enforcement efforts.

NBC Bay Area September 29, 2015 by  Rhea Mahbubani
Racial Profiling Rampant in Berkeley Police Department: Report
A group of Bay Area lawyers on Tuesday came out with harsh accusations against the Berkeley Police Department.
The National Lawyers Guild released data that, its members believe, proves racial profiling in police stops citywide between Jan. 18 and Aug. 12. The information was gathered via a Public Records Act request, according to the guild.
“This data substantiates the concerns expressed by numerous African-Americans about [the Berkeley Police Department] over-policing of the black community in Berkeley,” said Mansour Id-Deen, a longtime community activist and president of the Berkeley NAACP.
According to the United States Census Bureau, 116, 768 people reside in Berkeley. Whites represent roughly 60 percent of the city’s population followed by Asians at 19 percent, Latinos and Hispanics at 10 percent and blacks at 8 percent, the guild said.
Of 4,658 people stopped by Berkeley police, 1,710 were white, 1,423 black and 543 were Latino or Hispanic. So, despite being a minority in the city, blacks were approximately 32 percent of those flagged by police while whites were 38 percent of them, the guild said.

What the communist organization did not tell you, nor did the Indian reporter, is that Berkeley has a high crime rate compared to its neighbors, save adjacent Oakland, obviously, and Emeryville, crime rates in other nearby cities are much lower, and have lower black populations.

More importantly though, using black crime rates for the State of California, black crime is significantly higher than the white crime rate, in both percentages and absolute numbers.  Whites, of course, offend in percentages lower than their population, as do Asians.  Blacks, and Hispanics, offend at rates multiples of their percentage of the population.  The black population of California is about 6%, but the black crime rate ranges from a general rate of 27% of felony arrests, to between 40% to 50% of violent crimes, depending on which specific crime.

So, it is clear that the BPD is doing their job.  They are looking for serious felony criminal offenders in the pool of serious criminal offenders.  So, it is the typical lie of the left to accuse BPD of racial profiling, by which they mean the BPD is singling out blacks for no reason, except in the sense that they are profiling because the black community is where the crime is.  However, the communists at the NLG don't want the public to know the color of crime in Berkeley or California. Nor, for some strange reason, does the Indian immigrant and apparent transcriptionist for a communist front organization, Rhea Mahbubani.  Contact and inquire with her and her employer, the Bay Area News Group, here: (408) 920-5000.

Wednesday, September 30, 2015

George Will, We Know He's A #cuckservative, But Is He A Liar Or Stupid As Well?

Notorious #cuckservative George Will has pronounced on Donald Trump's plan to deport millions of illegal aliens in two years.  He claims that a police state would be necessary, with nightmare visions of midnight raids and millions of informants necessary to remove the 11-20 million illegal aliens in the United States.  As VDare has pointed out, as has the Federale blog, its been done before without any police state tactics, Operation Wetback, and executed by a moderate Republican that Will admires, as well as advocated another moderate Republican, Mitt Romney, who proposed an enforcement system based on a self-deportation scheme that could only happen if illegal aliens were too frightened to remain in the face of vigorous immigration enforcement. And Romney was correct in his proposed plan, as was Eisenhower and Jumpin' Joe Swing in their execution of Operation Wetback.

However, besides being incorrect in general, Will in wrong on the particulars of any current move against illegal aliens and the necessity for "police state" tactics.  As will be shown, the only question is Will being dishonest or just plain ignorant, for for a pundit of his ill-deserved reputation.

First, Will summons the nightmare of the totalitarian state and its network of informers that characterized National Socialist Germany and the various Communist states, as well as the dystopian novel Nineteen Eight-Four. Will asserts that to rid the nation of illegal aliens a network of such informers would be necessary.  That, of course, may appear to the politically illiterate and the generally ill-informed, to be a reasonable assumption.  As a writer who constantly harps on the ignorance of the both the public and those who write on the immigration subject, I must be careful, as I know how ignorant even the politically active are on the underlying facts about immigration law and immigration law enforcement.  Many though, like the Treason Bar, just plain lie, as do the activist groups, and politicians.  However, given Will's reputation, he doesn't get a pass.  This writer will hold him to the facts.  He might be getting old, but so is this writer.  This writer does have an advantage of 24 plus years in the business of immigration law enforcement, but the wealthy and full-time writer Will has a responsibility for fact-checking and research.

So, will a network of informers modeled on Stalinism be necessary to expose and deport 20 million or so illegals?  Well, simply no.  Someone unfamiliar with immigration law enforcement or the amount of detailed knowledge available to the government, in its own databases, concerning illegal aliens.  In fact, the government in its numerous databases spread across different departments, knows either where almost every illegal aliens either works or lives, or frequently both.  Furthermore, tax and Social Security records have a home address, as many file income tax returns, claiming the Earned Income Tax Credit, or have available credit information linked to Social Security Numbers (SSNs) they use to a home address.

Additionally, many illegal aliens receive some sort of Federal or State benefit, either as the primary recipient or for a dependent, either illegally or legally, such as Women's, Infants, and Children (WIC), food stamps, or other welfare program.  Those records held by various agencies, such as the Department of Health and Human Services or a State welfare agency have usually accurate home addresses.  It is just a matter of database mining to get the addresses to DHS arrest teams.

The reason is that almost all illegal aliens who work, are not paid in cash, but are paid through an electronic payroll system that provides the place of work to the government.  This is through the Social Security Administration's (SSA) earnings reporting system as well as that of the Internal Revenue Service (IRS) reporting system.  Those illegal aliens, and their employers who wink and nod at the Social Security Numbers (SSNs) that their employees provide which are either invalid numbers, misappropriated numbers, or Taxpayer Identification Numbers (TINs).  Most illegals just make up a number, the most common being 000-00-0000, which is duly reported by a conniving employer to the IRS and SSA.  Those numbers, along with the Employer Identification Number (EIN) that identifies employers when reported to the IRS and SSA, identify the employer of illegal aliens.  No network of informers needed, as both parties to the conspiracy to violate Title 8 United States Code Section 1324 and 1324a have readily identifying numbers already assigned to them, their place of work, and their residences.  All the Department of Homeland Security (DHS) has to do is collect that information from the IRS and SSA, and assign Special Agents, Deportation Officers, Immigration Enforcement Agents, Customs and Border Protection Officers, and Border Patrol Agents to a site to raid each day.  And as the arrests mount, the illegals will begin to run for the border, as millions did during Operation Wetback.

The next of Will's objection is the number of newly hired immigration officers, as defined in Title 8 United States Code Section 1101(a)(18), needed to effect these arrests.  Both Will and Trump make another error here.  No new hires are needed.  Remember, Operation Wetback was executed with no new hires, and only 750 or so Border Patrol Agents, Special Agents, and Deportation Officers were used. Those employees were supplemented by cooperation from local law enforcement, but, again, there were no new hires among local law enforcement agencies assisting in Operation Wetback, only existing manpower was used.

Currently there are approximately 21,000 Customs and Border Protection Officers (CBPOs), 21,000 Border Patrol Agents, 6,500 Homeland Security Investigations (ICE SVU) Special Agents, as well as a similar number of both Deportation Officers and Immigration Enforcement Agents.  So, all together, the number of immigration officers is more than sufficient to raid every employer of illegal aliens or go to their place of residence. No new hires are needed, only the judicious deployment of such current DHS law enforcement employees serving now.  I'm not certain where Will came up with a number of 100,000 officers needed to deport his estimate of 11 million illegals, but clearly if 750 immigration officers could deport 1 million illegals, then the 60,000 or so badge and gun carriers at DHS could deport 20 million is two years easily. The ratio is about 1,000 badges for every 1 million illegals.  But remember, fear is not only the mind-killer, but the creator of panic among illegals.

So, there we have it.  Is George Will willfully ignorant or is he just lying to support amnesty as the solution for illegals.  Pretty obvious he is deliberately deceiving his readers.  Time to send this #cuckservative packing.

Wednesday, September 23, 2015

The Invasion Continues

Not surprisingly, given the ongoing Obama Regime Administrative Amnesty and the Racist Kritarch Amnesty, entry of illegal aliens from Central America over the border with Mexico is up 52% this August from last August.

U.S. News & World Report September 21, 2015 By Alicia Caldwell, Associated Press
Border Patrol: Family, Children Arrests At Border Jump 52 Percent, White House Concerned
WASHINGTON (AP) — The U.S. Border Patrol arrested nearly 10,000 unaccompanied immigrant children and families caught illegally crossing the border with Mexico in August, a 52 percent jump from August 2014, according to statistics published by the agency Monday afternoon.
Since the start of the fiscal year in October, border agents have arrested more than 35,000 children traveling alone and more than 34,500 people traveling as families, mostly mothers and children. The total number of arrests for the year is down nearly 50 percent compared with a year ago, but border agents have reported a jump in arrests since July.
The Border Patrol reported arresting 6,424 unaccompanied immigrant children and families in August 2014, compared to 9,790 this year.
The August increase comes a year after a surge of more than 68,000 unaccompanied children at the U.S.-Mexico border. Many were trying to escape violence in Honduras, El Salvador or Guatemala. For much of the year, the number of illegal border crossings by families and children has been far lower than last year, before increasing in July and August.

And the deliberately witless are, quelle horreur, surprised that there is a surge of illegals when they are rewarded when they arrive.

It's unclear exactly what has led to the overall decrease in border arrests of families and children, but Mexico has stepped up enforcement along its southern border.
White House spokesman Josh Earnest said the August numbers were a "surprising uptick" and a "concern" for the administration. Earnest did not provide a reason for the increase, but noted that it's at odds with the typical decline in border crossings in August.
Adam Isacson, a border expert and senior analyst at the Washington Office on Latin America, said the 4,632 unaccompanied children caught at the border last month is the highest number his agency has recorded for the month of August since their records began in 2009.
Isacson said historically, crossings start to slow after springtime highs. But July saw an uptick, and now the number of unaccompanied children crossing in August has begun to rival numbers from the beginning and the end of last year's surge.
Isacson said that this could indicate the beginning of another surge, noting that the number of people caught traveling as families also ticked upward last month.
"It could be a flash in the pan," he said, "But we are going up the trend line."

Kind of obvious.  And the Obama Regime is surprised, and concerned, concerned I say...that people might notice.

The administration was caught off guard by the sudden surge of children and families in 2014 and made several efforts to curb the flow of people crossing the border illegally, including media campaigns to discourage people from making the dangerous trip across Mexico. The administration also opened family detention centers that could house thousands of people while they awaited deportation hearings. The detention centers were established in part because about 70 percent of families released at the border and ordered to report back to immigration authorities failed to return to face deportation hearings.

With the Regime not fighting the illegal order from Chinese Kritarch Dolly Gee, again, there should be no surprise that the next months increase as well, upping the trend line as the credulous policy wonks say, because that which is rewarded is repeated.

More "I Can't Breathe" Lies

There's another case of a mentally ill black thug who committed suicide by cop in the news. James Brown, a Sergeant in the United States Army, was serving a seven-day sentence for driving while intoxicated in the El Paso County jail and had a mental breakdown concurrently with a medical emergency.  A bad combination, jail, mental breakdown, and medical emergency. Generally something like this results in nothing good for the inmate. Also of interest is that if Brown had been white, he would have been bounced out of the Army for a DUI, but he wasn't, even with a history of mental illness, called here Post Traumatic Stress Disorder (PTSD).  Of course, no one with a mental illness should be in the military or around firearms. Crazy does not mix with guns.

The El Paso County Sheriff's Office is a predominately, but not exclusively Hispanic department in a predominately Hispanic county, but the current sheriff is white, with the cadre of deputy sheriff's predominately Hispanic.  The commander of the jail system is Hispanic, Marco Vargas.

Again, for the record, just as in the "I can't breathe" lies from the case of Eric Garner,  if you can talk, you are, in fact, breathing.  The basics of the issue are Brown's mental breakdown, as yet unidentified injury, Brown's refusal to cooperate with medical treatment, the use of force, and the campaign by leftists to protect black criminals.

Brown's PTSD begs the question, why was he still in the military?  He represented an obvious danger to himself and others, combined with an access to firearms and one wonders why a mentally ill soldier was allowed to remain in the Army.  Even more so in that there was a mental illness, but not necessarily PTSD, but more likely some other disorder common to the black criminal class.  And it is obvious that Brown was the beneficiary of disparate treatment, in his favor, in that he was not discharged for the combination of mental illness and a criminal conviction.  The military quickly discharges white heterosexual soldiers with such problems, but coddles minorities and homosexuals, like Bradley Manning, with severe mental illnesses.

While the mentally ill and the military are not a good match, nor are jails or prisons.  But Brown never claimed at his trial that he was innocent based on mental illness and was duly convicted.  He reported for his sentence, but while in solitary confinement because of his self-reported PTSD, he had some sort of breakdown, and was found in his cell bleeding and simultaneously smearing his cell with blood.  This suggests either a mental breakdown. The video clearly shows a deputy attempting to convince Brown to cooperate with medical treatment, but for some reason, Brown does not. Whether than was because of a mental illness or he was playing for the ghetto lottery, we do not know, nor will we.  We will though get the endless stories about his innocence and uprightness, despite a body covered with tattoos, just as with Eric Garner, Tony Robinson, Michael Brown, Trayvon Martin, and Tamir Rice.  All those were lies, and expect the same for Brown, but in this case this writer hopes to collapse "The Narrative" before it gets out.

One of the most dangerous jobs in law enforcement is cell extraction.  This is where a combative and uncooperative inmate, as Brown was, has to be removed from his cell.  And in Brown's case, five deputies were required to subdue him.

The video narrative is, as typical with the press, lies, claiming that Brown did not resist.  Just as the cell extraction team, a specially equipped and trained team of deputies used in such cases, moves in, Brown removes his shirt, a common behavior practice of the violent.  And he does not meekly surrender, but fights the officers.  He is subdued and carried out of the cell, and placed in a special chair to control his ability to move.

Such chairs are commonly used and safe for the inmate.  Furthermore, Brown is wildly shouting that he can't breathe and is choking on his blood.  But, again, if you can't breathe, you can't shout that you can't breathe.  The credulousness of the reporters is astounding, clearly no one is so stupid as to believe that a man shouting he can't breathe over a period of time really can't breathe has an agenda other than the truth, which is clearly an attack on white and white Hispanic law enforcement officers for the purpose of ending arrest and imprisonment of black criminals.

Later, the overweight Brown, like Eric Garner, goes into medical distress, but the report admits that Brown died from sickle-cell crisis, unrelated to either his mental breakdown, refusal to cooperate with the deputies seeking to assist him, or related to the force need to subdue him.  It also doesn't explain the smearing of blood on the cell door.  This may have been an unfortunate combination of sickle-cell crisis, mental illness, and an attempt at the ghetto lottery.  Sad, but in the end, Brown, like Garner, Martin, Rice, and Robinson, died because of decisions they made to fight the police or attack a citizen in the street.

"The Narrative" is predictable and the collapse of "The Narrative" is as predictable.

Monday, September 21, 2015

Well, That Didn't Last Too Long

Well, the U.S. Citizenship and Immigration Services' (USCIS) recent successes against L-1 visa fraud have been stopped in their tracks by the Obama Regime as part of the Administrative Amnesty.  This blog recently, just days ago, reported on USCIS' success at L-1 visa fraud and the attack on fraud prevention by the Treason Bar.  But alas, it was not to be.

Breitbart September 15, 2015 by Caroline May
Grassley: New Obama Immigration Policy Guidance Could Displace U.S. Workers
In August, U.S. Citizenship and Immigration Services issued a new policy guidance on the adjudication of L-1B nonimmigrant visas, which allows multinational corporations to move foreign employees with “specialized knowledge” to their operations inside the U.S.
In a letter to USCIS Director Leon Rodriguez, Grassley on Tuesday expressed concerns about the intent, substance, and implementation of the memo. The chairman specifically highlighted comments President Obama made about L-1B reforms in March, in which he said, “This could benefit hundreds of thousands of nonimmigrant workers and their employers.”
“I fear – especially in light of the remarks made by the President in March – the effect that this L-1B memo will have on American workers, particularly in the IT sector, who are already battered by mass layoffs, job offshoring, and depressed wages,” Grassley wrote Tuesday.
“I expect, regardless what the memo may actually provide, that ‘the message’ has already been sent to USCIS adjudicators, from no less than the President himself: the L-1B denial and [Request for Evidence] rates must go down,” he added.

Clearly, the Treason Bar is the tail that wags the Obama Regime dog.  Not the first time.  Note that this blog predicted the Obama Regime Administrative Amnesty in 2010, with the above article posted at VDare not published until one year later. Here's the first time the Treason Bar telegraphed the Obama Regime's eventual actions:

I detected the Obama Regime’s coming drive for an Administrative Amnesty on my blog Federale back on February 24, 2009, just a month after Obama’s inauguration. Two hacks from the treason bar, Gary Endelman and Cyrus D. Mehta, argued that Congress stood in the way of an amnesty. They announced it was up to Barack Hussein Obama to give the country one, by hook or by crook. I remembered Clinton Administration White House operative’s Paul Begala’s comment describing the last Democratic President’s use of executive orders: Stroke of the pen, law of the land. Kinda cool.

Good to see though that there is still some resistance in the bureaucracy to the lawlessness of the Obama Regime.  However, not thanks to John Boehner and Mitch McConnell, there is no support for these heroes in the bureaucracy fighting a rear-guard action in defense of the Constitution.  All this could be undone if #cuckservatives and #RINOs attached a few riders to the upcoming appropriations bills.  But that won't happen.

Saturday, September 12, 2015

Treason Bar War On Immigration Fraud Enforcement

The Treason Bar is on the warpath again, with the usual target, immigration fraud investigation and enforcement by U.S. Citizenship and Immigration Services (USCIS).  In an unusual turn, USCIS is appearing to act to enforce laws that protect American white-collar workers from replacement by underpaid and overworked aliens on a non-immigrant visa, the L-1B temporary skilled worker visa. The Treason Bar is outraged that USCIS has taken anti-fraud steps and has significantly increased denials of petitions for said visas.

Inside Counsel September 8, 2015 By Miguel Ángel De La Vega Fernández
The L-1 Visa Has A Critical Role To Play In The Functioning Of The American Economy
No one is sure why this drastic change in immigration policy has taken place. The USCIS isn’t talking and few media outlets seem willing to ask pointed questions.
But experts on immigration law and commentators on the politics of immigration are speaking up, offering educated guesses about the hidden agendas and palace intrigue that might be pushing the USCIS toward a more reactionary stance.
Suspicions of fraud and abuse: Critics of the L-1 system see it as a disguised form of outsourcing. They claim companies seeking permission to transfer supposedly “essential” labor from abroad are really just importing cheaper workers to replace—or reduce their need for—more highly-paid American workers. These critics believe the “specialized knowledge” stipulation of the L-1B visa has been especially abused and that little evidence exists to suggest employees trained overseas are the only ones capable of filling new posts in the United States.
Some theorize this drumbeat of fraud accusations—and the political pressures it is helping to create—may be influencing the behavior of USCIS, leading it to crack down on perceived abuses. 

The very public use of H-1B visa holders to replace American workers at Disney and Southern California Edison is of no import to the Treason Bar.  They only have paranoid delusions of suspicion of Muslims and "the security state" as interfering with driving down wages and American worker replacement.

National security concerns: Are terrorists applying for L-1 visas?
The idea might seem farfetched. But in its final conclusions—and in contradiction to the evidence they themselves collected—the previously referenced DHS OIG report claimed the L-1A visa system was vulnerable to fraud and misrepresentation. This assertion may indicate the presence of a paranoid mindset inside government—particularly among those responsible for monitoring national security—that is hurting the chances of temporary work-related visa applicants. In his 2012 testimony before two House committees, USCIS director Alejandro Mayorkas told legislators his organization had launched 16 separate initiatives designed to root out fraud and deception in the immigration process, and he confirmed that national security concerns were one rationale for the USCIS’s growing interest in uncovering impropriety. And beyond these 16, who’s to say how many other top secret directives the USCIS may be following, at the behest of the DHS or other actors from within the American security state?

Interesting how the Treason Bar shysters confute concerns about terrorism with other concerns about fraud and misrepresentation in the visa system.  But this is the paranoid style of the radical left.  A style that is the go-to rationalization for fraud and American worker replacement that is the L-1B and H-1B visa programs.  And woe unto those who dare interfere with the system, which appears to be the real objection of the Treason Bar:

The replacement of a “helping” culture with a “policing” culture: Businesses that sponsor L-1 visa applicants see great promise and possibility in their existing or proposed U.S. investments, and they wisely seek the temporary assistance of employees, managers and executives whom they know they can trust to get the job done. The whole U.S. economy benefits from their collective efforts, and one would expect the USCIS to take a constructive, service-oriented approach to the L-1 visa approval process in order to ensure the fires of economic growth are kept stoked.
Looking out for obvious signs of fraud and misrepresentation is necessary, to be sure. But the USCIS seems to have lost sight of its original mission, at least with respect to the L-1 system. Rather than facilitating a process that adds skill, diversity and entrepreneurial energy to the U.S. economy, USCIS adjudicators now seem to operate as if they were some sort of auxiliary police force, charged with exposing chicanery and skullduggery on the part of cynical manipulators looking to beat the system. 

Without any evidence, the Treason Bar claims that USCIS has no enforcement and anti-fraud mission, but only that of helping replace the American white-collar worker.  The claim that USCIS has no enforcement mission is not new.  The Treason Bar has long claimed that USCIS should approve every application unless the fraud is obvious or blatant.  Of course, there is no such language in the enabling legislation for USCIS, the Homeland Security Act of 2002, restricting the authority of USCIS to investigate and prevent fraud.  Nor was there ever any artificial separation of fraud investigations and benefit adjudication in the legacy Immigration and Naturalization.  Despite the claims of the Treason Bar, adjudication of benefits includes both denying and approving benefits. There is no legal mandate that any application be approved, nor any mandate to ignore fraud and misrepresentation.  In fact, employers are using the L-1B program more frequently, given stricter review requirements of H-1B visa applications. And that is what the Treason Bar wants to avoid, any review of their replacement of American workers.

But one should cheer that USCIS is actually doing its job.