Wednesday, August 10, 2011

Racist Attacks on Immigrants

An immigration attorney has launched a racist attack on immigrants and their intelligence in the United States. The twist is that the racist attack on the language skills of immigrants is directed at immigrants who work at U.S. Citizenship and Immigration Services (USCIS). It appears that Angelo Paparelli thinks that immigrants are less intelligent than native, read white, Americans.

In a screed against those who work for USCIS, of course based on some supposed resistance to the Obama Administrative Amnesty, Paparelli accuses USCIS of thwarting the Obama Administrative Amnesty. In fact, at USCIS, the opposite is true. The default position of Immigration Services Officers, those who adjudicate applications for citizenship, legal permanent residence, and change or extension of non-immigrant status, are instructed and trained to approve applications rather than deny applications. Only obviously fraudulent or those who cannot complete the application correctly get denied. The same attitude exists at Customs and Border Protection (CBP). (Note: ICE, both Homeland Security Investigations and Enforcement and Removal Operations, employees are whiter and have better English skills.) Management at both agencies has a default position which is in favor of the alien, absent obvious and blatant fraud.

But back to the screed from Paparelli, who if he was referring to immigrants in any other situation other than USCIS employees not doing what he wants, the screed would be considered racist by the press and the grievance industry.

Despite persistent immigration deadlock in a Congress whose job approval has plummeted to its nadir, fresh tendrils of hope are sprouting:

LOL, and check out Obama's ratings as well.

We hear from reported remarks of Senator Richard Durbin that the Department of Homeland Security (DHS) will soon announce administrative action to give much-needed relief to individuals who would benefit from the DREAM Act, a bill still in its tenth year of infancy in the "world's greatest deliberative body."

Other welcome news came this week from the White House and the DHS agency, U.S. Citizenship and Immigration Services (USCIS), announcingnew immigration avenues for foreign entrepreneurs and releasing a related FAQ.

These moves arise on the heels of two prosecutorial discretion memos by John Morton, the head of Immigration and Customs Enforcement (ICE), that balance enforcement priorities with pragmatism by targeting dangerous immigration perps and showing compassion for low-level immigration violators (allowing them suspended animation and work permission, presumably until Congress gets its houses in order and enacts comprehensive reforms).

These actions are merely yards and yards of 2012 campaign bunting, however, unless the Executive Branch displays chain-of-command rigor in disciplining insubordination in the ranks of lower-level immigration agents. Lofty statements about supporting small business and spurring immigration-juiced job creation are only vaporous platitudes without parallel actions to make sure the troops on the ground follow orders.

I've blogged before about immigration indifference, describing it as the "Adjudicator's Curse." Time has shown, however, that the manifest problems of widespread flouting of orders stem from more than mere indifference. Three of my experienced immigration colleagues (each with 20+ years of experience with the agencies), offer painfully descriptive ventings of real-word, systemic immigration meltdowns and propose the theory that adjudicators' off-message behaviors are attributable to "sloth" (a MUST READ: Tyranny of Sloth #1, Tyranny of Sloth #2 andTyranny of Sloth #3).

The failure to follow Headquarters' immigration policies is caused by more than indifference and sloth.

It could well be job-protection and fear of second-guessing if a bureaucrat makes a bad call in approving an immigration benefit that later explodes and causes an internal investigation or angry Congressional or media attention. (Recall that the posthumous grant of flight student visa status to Mohamed Atta and another 9/11 hijacker led to the elimination of the legacy agency, Immigration and Naturalization Service (INS).)

It could be low hiring standards (one in-house counsel of a major American company once reported to this blogger that a senior USCIS official had tried to rationalize her agency's failures to comprehend the contents of documents submitted with his company's immigration petitions by saying, "You must understand, most of our adjudicators have learned English as a second language").

It could be long institutional memories about a heads-will-roll "Zero Tolerance Policy," followed by the policy's revocation, then followed by a laudable effort to inventory and reconcile agency policies and survey the public.

There is probably also a significant measure of union-management tension, reflected, for example, in the attack on the prosecutorial discretion memos and public vote of no-confidence in John Mortonby the ICE agents union and the formal opposition to discipline by the USCIS officers union, and

Let's also not ignore the obvious -- entrenched opposition among career officers to this Administration's more welcoming immigration policies. We've seen this movie before ("The IRCA Legalization Program," produced by famed Hollywood actor and U.S. President, Ronald Reagan, and featuring a "cast of millions") and we know how it ends:

Scene 1: Congress passes the Immigration Reform and Control Act of 1987 (IRCA) including a legalization provision requiring, among other elements, proof that a failure to maintain immigration status was "known to the government."

Scene 2: INS issues a series of Legalization communiqu├ęs interpreting the "known to the government" requirement in niggardly and niggling fashion, thereby trying to shrink the pool of eligible legalization beneficiaries.

Scene 3: Years of expensive federal litigation ensues before final relief to denied "known to the government" beneficiaries is granted in 2008!

Whatever the cause of bureaucratic intransigence, the President's laudable goal of creating jobs through more enlightened immigration policies and innumerable Conversations with the Director -- however commendable and well intentioned -- will not succeed unless "off-the-reservation" conduct by rogue underlings are sanctioned, not with ribbons and medals but with pink slips.

In fact, Paparelli's information on USCIS employees is correct, USCIS employs large numbers are immigrants for whom English is their second language and their English language skills are atrocious. This is not limited to USCIS, or CBP, it is also rampant throughout the Federal government. It is a problem of affirmative action, not recalcitrance.

Also of interest is what Paparelli does not tell the reader about the Reagan Amnesty. The government only estimated a million beneficiaries but got 3 million applications, most of which were fraud, and most were approved.

But what Paparelli is really referring to is the comments by Chris Crane, who represents ICE ERO employees as a union official, who has written publicly about the Obama Administrative Amnesty. Any opposition to the illegal and unconstitutional Obama Administrative Amnesty will be met by Stalinist tactics, including any employee who takes his Oath of Office and the Constitution seriously. It appears that we have an attorney who does not realize that the President executes the laws of the United States, not his own will and interests. But given the horrible state of law schools like UC Irvine School of Law run by an open communist, we should not be surprised. No employee is obliged nor may he participate in an illegal and unconstitutional order or policy, including an administrative amnesty for illegal aliens.

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