Thursday, December 24, 2015

Insurance For Immigrants: Been There, Done That, Sort Of

The ever innovative and intelligent Steve Sailer has a post on the problem of problematic immigrants, e.g. those aliens who come to the United States legally and who become a drag on society through welfare use, crime, lassitude, or just general overall failure as individuals. [Immigration Insurance, Steve Sailer, Taki's Magazine, December 23, 2015]  An interesting idea, and if imposed, it would be a useful system, not only for reimbursing the tax payer for immigrant failures, but for developing statistical models for which immigrants are good for America and which aren't.  
Not that we really haven't solved that problem anyway.  We know which immigrant groups are on welfare and engage in crime, the two areas where the taxpayer and Americans suffer from immigration.  It's Dominicans, Mexicans, and other Latin Americans who lead on welfare use, with other groups trailing by large numbers.  We also know overall, immigrants use welfare more than native born Americans. While it is appreciated that more information is better than less, the real issue has been solved.  We know who the slackers, welfare cheats, and criminals are, but, of course, finding out which sub-group in the know group that provides welfare cheats and criminals would help improve the current immigration system.  But that is not really a solution unless there is enforcement that follows the useful information and that is unlikely as Sailer acknowledges without a means to enforce the findings, which is unlikely unless there is an incentive, such is changes in Federal tort statutes involving inaction by the Federal government.

Interestingly, similar systems have been tried before.  First, the civil forfeiture provisions of Title 8 United States Code Section 1325, Improper Entry By An Alien.  This statute prohibits entry without inspection and the use of fraud or false statements by an alien in attempting to or successfully entering the United States.  Besides criminal penalties, it also has a civil penalties section where there is a fine for the offense, unrelated to a criminal conviction.  This fine may be administratively imposed by the Federal government without a hearing, but it can be both appealed or imposed through a hearing before the Executive Office For Immigration Review (EOIR).  It reads:

(b) Improper time or place; civil penalties Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of - (1) at least $50 and not more than $250 for each such entry (or attempted entry); or (2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection. 

This is the oldest section of law that imposes a cost other than deportation or criminal penalties for illegal immigration, but, as will be seen, is as unused as all the other civil penalties for illegal immigration.  It is almost never used, despite the ease of imposing penalties and the ready availability of monies seized from illegal aliens first by the legacy Immigration and Naturalization Service (INS) and now by the Department of Homeland Security (DHS).

In 1996, Congress gave impacted employees standing to sue employers of illegal aliens using the Racketeer Influenced and Corrupt Organizations (RICO) statutes in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).  There was an initial flurry of lawsuits, such as the Tyson Foods lawsuit, but to date, despite strong penalties and incentive for private enforcement, not much has developed in the area.

The next development, much akin to the Sailer proposal, was the requirement in the IIRIRA was requiring all new immigrants to obtain a sponsor who signs an Affidavit of Support for the alien, Form I-864, Affidavit of Support, promising to pay if the alien becomes a public charge, e.g. uses welfare.  However, again, through various machinations redefining deviancy down, most Federal and State welfare programs are not defined as welfare programs, including food stamps. Combined with the policy not to enforce the deportation of those who become public charges, e.g. violate section 212(a)(4), Public Charge, of the Immigration and Nationality Act, neither the affidavit of support or the public charge laws have been enforced since the election of Bill Clinton as official and unofficial policy.

So, there are similar laws to what Sailer proposes, but he notices that enforcement is a problem. The government won't enforce laws against against welfare use, illegal aliens, or against criminal aliens.

The secret is to make enforcement of immigration laws more like the enforcement of environmental laws, e.g. give private persons the authority to act to enforce immigration law remedies either directly in a court, such as the EOIR or through an act of mandamus forcing a government official to take action.  As in environmental laws, the private actor will be given a portion of the lawsuit and legal costs, including the costs of the private investigation and wide discovery including access to Federal and State records necessary to identify and prosecute illegal aliens.  This would be similar to the False Claims Act (FCA), a Civil War statute, that encouraged private actors to sue government contractors who defraud the government.  Here the qui tam prosecution by a private person is acting in the interests of the sovereign and receives much of the benefits, upwards of 35% of penalties.

The important aspects of a new law allowing for private prosecution, an immigration qui tam provision, would be a financial reward for the private actor, access to records, and mandatory deportation of the alien in event of success.  This is the private solution that Steve Sailer is looking for.

Wednesday, December 23, 2015

Another Reason Not To Eat At Chipotle

Besides the fact that Chipotle's business model is based on illegal immigration, the food Chipotle's serves will kill you. It has had a problem with sanitation and safe food handling for some time. And that is undoubtedly related to it's hiring practices favoring illegal aliens from Third World countries with no tradition or expectation of personal hygiene.  And the problem is getting worse.

Ars Technica December 23, 2015 by Beth Mole
FDA And CDC Probe Second Wave Of Chipotle E. Coli Outbreak
With new E. coli cases, 12 states are now affected. Source still unknown.
Amid an ongoing E. coli outbreak investigation at Chipotle Mexican Grill, the Food and Drug Administration (FDA) on Tuesday announced that it is joining the effort to investigate what may be a second wave of illnesses linked to the chain restaurant. The new illnesses are caused by the same type of E. coli found in the previous cases—Shiga toxin-producing Escherichia coli O26 (STEC 026)—but with a different, rare genetic variant.
To investigate this second wave, the FDA has combined forces with state and local authorities, plus the Centers for Disease Control and Prevention (CDC), which on Monday first announced an investigation into five cases of the variant E. coli infections. Those cases included one in Kansas, one in North Dakota, and three in Oklahoma. The sickened people from Kansas and North Dakota reportedly ate at the same Chipotle restaurant in Kansas before falling ill. The three sickened in Oklahoma were separate cases, but all three reportedly ate at the same Chipotle, the FDA reported.
The new cases, if confirmed, would bring the new E. coli outbreak numbers to 58 sickened and 12 states affected. The other states linked are California (3 cases), Illinois (1), Maryland (1), Minnesota (2), New York (1), Ohio (3), Oregon (13), Pennsylvania (2), and Washington (27). All of the cases involve some form of the STEC 026 bacteria.

This blog has long documented Chipotle's business model based on hiring illegal aliens and has been doing so from the start of it's founding, with documentation of their policy of hiring illegal aliens from as far back as 2010 surfacing.  There was an ICE SVU criminal investigation of Chipotle, but the case was apparently ended with no action after a few arrests, but most were merely fired, not arrested. Undoubtedly related to Chipotle's hiring of former ICE SVU head Julie Myers to head it's defense team.  In fact, Chipotle has a business model based on low wage workers, not technology, and the CEO of Chipotle's admits it.  And you can't have low wages without using illegal immigration, as Chipotle's is finding out as it avoids raising wages and fires legal workers who unionize

Chipotle's is a threat to your health and hates American workers.  Why not just avoid dying from E. coli and undermining American workers by not eating where the food might kill you?

Sunday, December 13, 2015

On The Counter Proposal: Better Fraud Investigation Of Immigration Benefits

Donald Trump is in the news for the sensible proposition that Muslim immigration should be halted until the problem with Muslim terrorism in the United States can be solved.  Those who know Islam know that means a permanent bar to Muslim immigration until those numbers are reduced to that level common in the 1950s.  All thinking people know that Islam is an inherently violent religion from its inception, with violence, terror and death following in its wake.  At any numbers over 0.5% of the population, Mulsims are a real threat.

Some have responded, like Peter Brimelow, with a call to deal with the 5th column of Muslim traitors, terrorists, and sympathizers, the sea in which a guerrilla swims, by expelling all Muslims.  A good and necessary idea.  That is clearly what must be done.  However, not all that must be done, will be done. Steve Sailer suggests a half-measure, have the Federal government screen aliens better. That, of course, is possible.  There is no ideological screening of aliens today. Witness the open support for terrorism that Syed Rizwan Farook and Tashfeen Malik expressed openly to family, friends, neighbors, and to the public via the internet.

All well and good, but expensive.  Clearly that cost though can be born by the aliens themselves through higher fees on immigrant and non-immigrant visas.  There is precedent for that, as all H-1b visas have a fraud fee attached, in the case of H-1b visas that fee is $500.00, which goes to fraud investigations by U.S. Citizenship and Immigration Services Fraud Detection and National Security for their anti-fraud programs in the H-1b area.

In the spirit of half-measures, let at least the half-measures be effective.  And to be effective in countering the already radicalized Muslim, and for other frauds, infiltrators, and malafide aliens, it must be more than interviewing family and friends, checking the nature of educational institutions attended, and reviewing social media.  All of those have their own problems; friends and family will lie, the aliens themselves won't admit to attending problematic madrases, and social media can be scrubbed or contain misleading information.  Alien Muslim terrorists can easily adapt to a review of these issues.

However, there is something that can look into their souls and get at the truth. The Psychophysiological Detection of Deception (PPD) programs, popularly known as polygraph or lie detector systems, administered by the Federal government can be an invaluable tool in ferreting out deception in visa applications.  At the Federal level, the Department of Defense dominates PPD training and administration at the National Center for Credibility Assessment.

PPD examinations are scientifically valid and overwhelmingly accurate.  Those examinations, usually lasting 2-3 hours, not including preparation time by the examiner, nor including any subsequent interrogation when deception is found, are not cheap.  However, given that the dollar cost would be born by the alien, and that not all aliens would require such exams, e.g. profiling would reduce the exam rate to those aliens who represent a terrorist, national security, or fraud threat, the exams would be limited to such consular posts and USCIS offices that deal with high fraud threat nationals, e.g. nationals from predominately Muslim nations, all Chinese nationals, and all nationals from poor countries.

As a political compromise, and as a half measure, all Muslims should be subjected to a PPD screening as part of any application for a visa, application for participation in the Visa Waiver Program (VWP) as part of the Electronic System for Travel Authorization (ESTA), the U.S. Customs and Border Protection (CBP) system by which aliens using the VWP are pre-screened in intelligence and law enforcement data bases before they are allowed to enter the United States without a visa, as should be all Muslims who apply for any immigration benefit in the United States, such as extension of stay, adjustment of status, legal permanent residency, and naturalization.  Other groups that should be targeted include ethnic Chinese because of the intelligence threat, and any national from source county for illegal immigration, such as Mexico, El Salvador, Guatemala, Honduras, Philippines, India, Korea, Ecuador, and Vietnam for example, but any country with high visa denial rates or high over-stay rates would be subject to this requirement.  A concomitant benefit would be that the program would discourage who intend to immigrate illegally by overstaying a visa would be discouraged at no cost to the United States as they would fear being caught before even applying. This would though direct those aliens to illegal immigration, but a wall would help stop that.  The fee necessary to administer the program would be approximately $1,000.00, a cost solely born by the alien and a deterrent in itself, as even jihadis don't want to waste their money.

Many will claim that the polygraph can be beaten.  Generally, that's not so.  In the community they say that the polygraph can't be beaten, only the polygrapher.  This was the case with Aldrich Ames, whose relationship with his polygrapher, not the exam, enabled him to remain at the Central Intelligence Agency for so long while spying for the Soviet Union.  While someone highly trained, and with the use of certain prescription drugs may be able to beat the polygraph, few can.  And jihadis just don't have the resources or the population to recruit from to find many who can beat the box.

So, as a first step, let us start using PPD to screen aliens seeking to enter the United States, starting with the greatest threats, Muslims intending or holding jihadist views and Chinese who represent an intelligence threat, and include those poor saps from the Third World intending to immigrate illegally via a visa.

Its only a half-measure to the real solution, but an effective one.

Sunday, December 6, 2015

An Ongoing Problem That Is Increasing

Fraud in immigration problems has been an ongoing problem, and not addressed with vigor by any administration, but the Obama Regime has been singular in ignoring fraud in immigration programs, witness the fraudulent address that Tashfeen Malik used on her K-1 visa application.  Breitbart is reporting that in addition to not interviewing applicants for tourist (B-2) visas and business (B-1) visas, the Obama Regime has instructed the State Department to not interview K-1 visa applicants as part of their campaign to allow more illegal aliens into the United States.  This writer has reported on the campaign by the Obama Regime to loosen visa screening at U.S. diplomatic posts overseas issuing visas, but had not heard until today that K-1 visa holders were exempted interviews.

The K-1 visa is essentially an immigrant visa based on marriage, except that the alien in question has not yet married the sponsoring American citizen and the visa is a non-immigrant visa.  While it is unlikely that Malik would have been denied an immigrant visa if she had been interviewed as is the current policy for immigrant visa applicants, as opposed to non-immigrant visa applicants, that opens another issue, in that visa screening interviews are not designed to deal with.  It used to be that either a K-1 or a immigrant visa based on marriage were both as difficult to obtain, both taking about 1 year from start to visa issuance.  However, it appears that as part of its program to flood the nation with aliens, the Obama Regime has ended all screening interviews for K-1 visas.

But even in the United States fraud in the immigrant visa and naturalization processes continues. This was highlighted in Chicago where an all to common fraud scheme was uncovered and actually prosecuted.  In this scheme, those aliens who don't want to learn English or take the civics test, a mere 10 questions where one only has to get 6 correct, used notes from physicians to avoid learning English or civics.

Chicago Tribune December 4, 2015 by Tony Briscoe
Psychiatrist, Counselor Charged With Falsifying Reports For Immigrants
A psychiatrist and a counselor at a Chicago medical practice have been charged with falsely diagnosing immigrants as disabled to help them bypass some tests for U.S. citizenship.
Dr. Marek Walczyk, a psychiatrist, and Katarzyna Fergemann, a counselor who worked in the same Northwest Side practice, are accused of fraudulently reporting that applicants for U.S. citizenship were suffering from a physical or mental impairment, prosecutors said.
They falsely claimed that those impairments rendered them unable to demonstrate the required knowledge of United States history and the English language, according to the indictment announced Thursday.
A medical certification of impairment allows individuals to seek an exemption from the civics and English-language tests required for naturalized U.S. citizenship.
According to the indictment, Fergemann reported an applicant had a learning disability as a result of suffering from a social anxiety disorder, panic disorder and major depressive disorder, even though she knew the person did not suffer from a physical or mental impairment.
Walczyk subsequently certified Fergemann's results in a U.S. Citizenship and Immigration Services form, allowing for that person to forgo the civics and English-language tests required for citizenship.

Such schemes are common and little effort expended by USCIS to stop it, with the connivance of the Obama Regime in its effort to get new voters on the rolls to elect a new people.

Hispanic Vote Fraud In Texas Continues

Hispanic vote fraud continues in Texas, as undoubtedly else where as well, but Texas, especially the Rio Grande Valley, lead the news in such immigrant based crime, thanks most likely to an aggressive Republican Attorney General.

In the first case, the long running saga of the Weslaco City Commission election and Hispanic Democrat Lupe Rivera Sr. was indicted for vote fraud, something common enough in Mexico, and the colonized areas of the Rio Grande Valley, the epicenter for the surge of illegals this and last summer. October 15, 2015 by Kenric Ward
Democratic Party Boss Takes A Hit In Texas Vote-Fraud Case
A client of Texas Democratic Party Chairman Gilberto Hinojosa is facing 16 criminal charges of rigging votes in a Rio Grande Valley election.
Lupe Rivera Sr. illegally handled ballots and envelopes in his closely contested Weslaco City Commission race, according to the state attorney general’s office. Rivera won the 2013 election by 16 votes, but a court ruled that 30 ballots were illegally cast.
Rivera is set to be arraigned on Nov. 18 — 15 days after he squares off again against Letty Lopez in a scheduled rematch.
While Rivera remains innocent until proven guilty, the criminal charges against him are a blow to Hinojosa, who has relentlessly criticized Texas’ photo ID law and downplays the potential for election fraud.
Lopez’s attorney, Jerad Najvar, said the Weslaco case “sets a legal precedent that voting residency requirements and the mail-in ballot rules that protect elderly voters from coercion will be enforced.
“This is a critical victory that helps fight election fraud across the Rio Grande Valley.”
Two courts determined Rivera’s re-election was aided by a string of forgeries, false addresses and “flexible residencies.”

The second story is from further north in Texas, but still Hispanic.  In this case, the voter is a legal alien, a legal permanent resident who has not yet been naturalized.

Attorney General's Office, State of Texas Press Release, November 9, 2015
Texas Attorney General’s Office and Tarrant County District Attorney’s Office Arrest Tarrant County Resident for Voter Fraud
The Texas Attorney General’s Office has arrested Tarrant County resident Rosa Maria Ortega for two counts of illegal voting, a second degree felony. The case is being prosecuted by the Criminal Prosecutions Division with assistance from Tarrant County District Attorney Sharen Wilson’s Office.
“Protecting the integrity of elections is essential to our democracy and a top priority of my administration,” said Attorney General Paxton. “As long as there are criminals seeking to exploit our system of elections, we stand ready to investigate, prosecute and restore confidence that the will of the people of Texas is heard.”
Ortega is not a United States citizen and is identified as a legal resident and a citizen of Mexico. Upon discovery of the possible illegal voting offense, Tarrant County District Attorney’s Office referred the illegal voting allegations to the Texas Attorney General’s Office.

Also of note, is that U.S. Immigration and Customs Enforcement, Special Victims Unit, ICE SVU, was not involved and did not enforce a Federal statute that makes aliens who vote subject to criminal prosecution and deportation.

Both these cases occurred as the Obama Regime is fighting the Texas voter identification statute in an effort to encourage more Hispanics, legal or illegal, to vote.  It does however expose a loophole in the Texas Voter ID statute, as a driver's license or identification card are valid identification to vote, and legal permanent residents are eligible for both.  Clearly an voter ID statute must include either a unique identification card, as in Mexico, or a unique addition to a driver's license or identification card indicating U.S. citizenship.

The larger problem is both legal and illegal immigration that have created a Brown Run Border, corruption levels akin to that in Mexico, and a population alienated from the Historic American Nation.