Visa Waiver Program to be Suspended or Terminated?

EU may require visas from Americans and Canadians: EU source

Reuters: The European Union executive is considering whether to make U.S. and Canadian citizens apply for visas before traveling to the bloc in a move that could raise tensions as Brussels negotiates a free trade pact with Washington.

The European Commission will debate the issue, prompted by U.S. and Canadian refusals to waive their visa requirements for holders of some EU member states’ passports, at a meeting next Tuesday. That is just over a week before U.S. President Barack Obama arrives in Europe on a visit that will include discussions on trade.

“A political debate and decision is obviously needed on such an important issue. But there is a real risk that the EU would move towards visas for the two,” an EU source said.

Washington and Ottawa both demand visas before traveling for Romanians and Bulgarians, whose states joined the EU in 2007. The United States also excludes Croatians, Cypriots and Poles from a visa waiver scheme offered to other EU citizens.

Europe’s Schengen area, comprising 26 states, most of which are in the 28-member EU, has a common visa system. Poland is a member of Schengen, and the other four states are due to join.

Trade negotiations between Brussels and Washington are at a crucial point since both sides believe their transatlantic agreement, known as TTIP, stands a better chance of passing before President Barack Obama leaves the White House in January.

Obama is due to visit Britain before meeting German Chancellor Angela Merkel at a trade fair in Hanover on April 24.

Blah blah blah —>>>

U.S. Visa Waiver Program

DHS: The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 38 countries[1] to travel to the United States for business or tourism for stays of up to 90 days without a visa.  In return, those 38 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.  Since its inception in 1986, the VWP has evolved into a comprehensive security partnership with many of America’s closest allies.  The VWP utilizes a risk-based, multi-layered approach to detect and prevent terrorists, serious criminals, and other mala fide actors from traveling to the United States. This approach incorporates regular, national-level risk assessments concerning the impact of each program country’s participation in the VWP on U.S. national security and law enforcement interests.  It also includes comprehensive vetting of individual VWP travelers prior to their departure for the United States, upon arrival at U.S. ports of entry, and during any subsequent air travel within the United States.

Economic Benefits

A strong and vibrant economy is essential to our national security. The United States welcomed approximately 20 million VWP travelers in FY 2014 who, according to the Department of Commerce, spent approximately $84 billion on goods and services.  VWP travelers injected nearly $231 million a day into local economies across the country.

Initial and Continuing Designation Requirements

The eligibility requirements for a country’s designation in the VWP are defined in Section 217 of the Immigration and Nationality Act as amended by the Secure Travel and Counterterrorism Partnership Act of 2007.  Pursuant to existing statute, the Secretary of Homeland Security, in consultation with the Secretary of State, may designate into the VWP a country that:

  1. Has an annual nonimmigrant visitor visa (i.e., B visa) refusal rate of less than three percent, or a lower average percentage over the previous two fiscal years;
  2. Accepts the repatriation of its citizens, former citizens, and nationals ordered removed from the United States within three weeks of the final order of removal;
  3. Enters into an agreement to report lost and stolen passport information to the United States via INTERPOL or other means designated by the Secretary;
  4. Enters into an agreement with the United States to share terrorism and serious criminal information;
  5. Issues electronic, machine-readable passports with biometric identifiers;
  6. Undergoes a DHS-led evaluation of the effects of the country’s VWP designation on the security, law enforcement, and immigration enforcement interests of the United States; and
  7. Undergoes, in conjunction with the DHS-led evaluation, an independent intelligence assessment produced by the DHS Office of Intelligence and Analysis (on behalf of the Director of National Intelligence).

 

Obama Claims a New Power, Illegals Benefit

Obama Claims Power to Make Illegal Immigrants Eligible for Social Security, Disability

Jeffrey/CNS: Does the president of the United States have the power to unilaterally tell millions of individuals who are violating federal law that he will not enforce that law against them now, that they may continue to violate that law in the future and that he will take action that makes them eligible for federal benefit programs for which they are not currently eligible due to their unlawful status?

Through Solicitor General Donald Verrilli, President Barack Obama is telling the Supreme Court exactly this right now.

The solicitor general calls what Obama is doing “prosecutorial discretion.”

He argues that under this particular type of “prosecutorial discretion,” the executive can make millions of people in this country illegally eligible for Social Security, disability and Medicare.

On April 18, the Supreme Court will hear arguments in the case. Entitled United States v. Texas, it pits President Obama against not only the Lone Star State, but also a majority of the states, which have joined in the litigation against the administration.

At issue is the policy the administration calls Deferred Action for Parents of Americans and Lawful Permanent Residents, which would allow aliens in this country illegally who are parents of citizens or lawful permanent residents to stay in the United States.

“The Executive Branch unilaterally created a program — known as DAPA — that contravenes Congress’s complex statutory framework for determining when an alien may lawfully enter, remain in, and work in the country,” the attorney general and solicitor general of Texas explained in a brief submitted to the Supreme Court on behalf of the states seeking to block the policy.

“DAPA would deem over four million unlawfully present aliens as ‘lawfully present’ and eligible for work authorization,” says the Texas brief. “And ‘lawful presence’ is an immigration classification established by Congress that is necessary for valuable benefits, such as Medicare and Social Security.”

In the administration’s brief, the solicitor general admits that the president’s DAPA program does not convert people illegally in the United States into legal immigrants. He further asserts that the administration at any time can decide to go ahead and remove these aliens from the country.

“Deferred action does not confer lawful immigration status or provide any defense to removal,” he says. “An alien with deferred action remains removable at any time and DHS has absolute discretion to revoke deferred action unilaterally, without notice or process.”

Despite this, he argues, the administration can authorize aliens here illegally on “deferred action” to legally work in the United States.

“Without the ability to work lawfully, individuals with deferred action would have no way to lawfully make ends meet while present here,” says the administration’s brief.

Nonetheless, the solicitor general stresses that “deferred action” does not make an illegal immigrant eligible for federal welfare.

“In general,” he says, “only ‘qualified’ aliens are eligible to participate in federal public benefit programs, and deferred action does not make an alien ‘qualified.’… Aliens with deferred action thus cannot receive food stamps, Supplemental Security Income, temporary aid for needy families, and many other federal benefits.”

But, he says, aliens here illegally with deferred action will be eligible for “earned-benefit programs.”

“A non-qualified alien is not categorically barred, however, from participating in certain federal earned-benefit programs associated with lawfully working in the United States — the Social Security retirement and disability, Medicare, and railroad-worker programs — so long as the alien is ‘lawfully present in the United States as determined by the (Secretary),'” says the solicitor general.

The “secretary” here is the secretary of Homeland Security.

“An alien with deferred action is considered ‘lawfully present’ for these purposes,” says the solicitor general.

So, as explained to the Supreme Court by Obama’s solicitor general, when DHS grants an alien here illegally “deferred action” under the president’s DAPA policy, that alien is not given “lawful immigration status” and can be removed from the country “at any time.” However, according to the solicitor general, that alien will be authorized to work in the United States and will be “considered ‘lawfully present'” for purposes of being eligible for “the Social Security retirement and disability, Medicare, and railroad-worker programs.”

The U.S. Constitution imposes this straightforward mandate on the president: “(H)e shall take care that the laws be faithfully executed.”

When the Supreme Court agreed in January to hear U.S. v. Texas, it made a telling request. It asked the parties to argue whether Obama’s DAPA policy “violates the Take Care Clause of the Constitution.”

The Obama administration has taken care of just one thing here: It has constructed a convoluted — and unconvincing argument — it hopes will provide the activists on the Supreme Court with a cover story to explain why this president need not faithfully execute the nation’s immigration laws.

 

1000 Foreign Nationals, 21 Arrested and a Fake School

Lots of questions to be asked here but let’s start with: What was the tip that started this investigation? The next question is: Who investigated the school to give it a license or accreditation or did it have one? The last question: What happened to the 1000 foreign nationals?
Oh wait, here is an update…this was an FBI sting operation. The Feds actually created the school for the sting operation. My bad, I should have known.

21 Defendants Charged with Fraudulently Enabling Hundreds of Foreign Nationals to Remain in the United States Through Fake ‘Pay to Stay’ New Jersey College

“College” Created as Part of Homeland Security Investigations Sting Operation

Twenty-one brokers, recruiters and employers from across the United States who allegedly conspired with more than 1,000 foreign nationals to fraudulently maintain student visas and obtain foreign worker visas through a “pay to stay” New Jersey college were arrested this morning by federal agents, U.S. Attorney Paul J. Fishman for the District of New Jersey announced.

The defendants (see chart below) were arrested in New Jersey and Washington by special agents with U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) and charged in 14 complaints with conspiracy to commit visa fraud, conspiracy to harbor aliens for profit and other offenses.  All the defendants, with the exception of Yanjun Lin aka Aimee Lin, 25, of Flushing, New York, will appear today before U.S. Magistrate Judge Steven C. Mannion of the District of New Jersey in Newark, New Jersey, federal court.  Lin will appear before U.S. Magistrate Judge Karen L. Strombom in the Western District of Washington federal court.

“‘Pay to Stay’ schemes not only damage our perception of legitimate student and foreign worker visa programs, they also pose a very real threat to national security,” U.S. Attorney Fishman said.  “Today’s arrests, which were made possible by the great undercover work of our law enforcement partners, stopped 21 brokers, recruiters and employers across multiple states who recklessly exploited our immigration system for financial gain.”

“While the United States fully supports international education, we will vigorously investigate those who seek to exploit the U.S. immigration system,” said Director Sarah R. Saldaña for ICE.  “As a result of this operation, HSI special agents have successfully identified and closed a gap in the student visa system and have arrested 21 individuals alleged to be amongst the system’s most egregious violators.”

“Individuals engaged in schemes that would undermine the remarkable educational opportunities afforded to international students represent an affront to those who play by the rules,” said Special Agent in Charge Terence S. Opiola for ICE Homeland Security Investigations.  “These unscrupulous individuals undermine the integrity of the immigration system.  Our special agents are committed to addressing, identifying fraud in order to better protect the system as a whole.”

According to the complaints unsealed today and statements made in court:

The defendants, many of whom operated recruiting companies for purported international students, were arrested for their involvement in an alleged scheme to enroll foreign nationals as students in the University of Northern New Jersey, a purported for-profit college located in Cranford, New Jersey (UNNJ).  Unbeknownst to the defendants and the foreign nationals they conspired with, however, the UNNJ was created in September 2013 by HSI federal agents.

Through the UNNJ, undercover HSI agents investigated criminal activities associated with the Student and Exchange Visitor Program (SEVP), including, but not limited to, student visa fraud and the harboring of aliens for profit.  The UNNJ was not staffed with instructors or educators, had no curriculum and conducted no actual classes or education activities.  The UNNJ operated solely as a storefront location with small offices staffed by federal agents posing as school administrators.

UNNJ represented itself as a school that, among other things, was authorized to issue a document known as a “Certificate of Eligibility for Nonimmigrant (F-1) Student Status – for Academic and Language Students,” commonly referred to as a Form I-20.  This document, which certifies that a foreign national has been accepted to a school and would be a full-time student, typically enables legitimate foreign students to obtain an F-1 student visa.  The F-1 student visa allows a foreign student to enter and/or remain in the United States while the student makes normal progress toward the completion of a full course of study in an SEVP accredited institution.

During the investigation, HSI special agents identified hundreds of foreign nationals, primarily from China and India, who previously entered the U.S. on F-1 non-immigrant student visas to attend other SEVP- accredited schools.  Through various recruiting companies and business entities located in New Jersey, California, Illinois, New York and Virginia, the defendants then enabled approximately 1,076 of these foreign individuals – all of whom were willing participants in the scheme – to fraudulently maintain their nonimmigrant status in the U.S. on the false pretense that they continued to participate in full courses of study at the UNNJ.

Acting as recruiters, the defendants solicited the involvement of UNNJ administrators to participate in the scheme.  During the course of their dealings with undercover agents, the defendants fully acknowledged that none of their foreign national clients would attend any actual courses, earn actual credits, or make academic progress toward an actual degree in a particular field of study.  Rather, the defendants facilitated the enrollment of their foreign national clients in UNNJ to fraudulently maintain student visa status, in exchange for kickbacks, or “commissions.”  The defendants also facilitated the creation of hundreds of false student records, including transcripts, attendance records and diplomas, which were purchased by their foreign national conspirators for the purpose of deceiving immigration authorities.

In other instances, the defendants used UNNJ to fraudulently obtain work authorization and work visas for hundreds of their clients.  By obtaining this authorization, a number of defendants were able to outsource their foreign national clients as full-time employees with numerous U.S.-based corporations, also in exchange for commission fees.  Other defendants devised phony IT projects that were purportedly to occur at the school.  These defendants then created and caused to be created false contracts, employment verification letters, transcripts and other documents.  The defendants then paid the undercover agents thousands of dollars to put the school’s letterhead on the sham documents, to sign the documents as school administrators and to otherwise go along with the scheme.

All of these bogus documents created the illusion that prospective foreign workers would be working at the school in some IT capacity or project.  The defendants then used these fictitious documents fraudulently to obtain labor certifications issued by the U.S. Secretary of Labor and then ultimately to petition the U.S. government to obtain H1-B visas for non-immigrants.  These fictitious documents were then submitted to the U.S. Customs and Immigration Services (USCIS).  In the vast majority of circumstances, the foreign worker visas were not issued because USCIS was advised of the ongoing undercover operation.

In addition, starting today, HSI Newark is coordinating with the ICE Counterterrorism and Criminal Exploitation Unit (CTCEU) and the SEVP to terminate the nonimmigrant student status for the foreign nationals associated with UNNJ, and if applicable, administratively arrest and place them into removal proceedings.

The chart below outlines the charges for each defendant.  The charges of conspiracy to commit visa fraud and making a false statement each carry a maximum potential penalty of five years in prison and a $250,000 fine.  The charges of conspiracy to harbor aliens for profit and H1-B Visa fraud each carry a maximum penalty of 10 years in prison and $250,000 fine.

The charges and allegations contained in the complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.

U.S. Attorney Fishman credited special agents of U.S. Immigration and Customs Enforcement, under the leadership of Director Saldaña; HSI Newark, under the leadership of Special Agent in Charge Opiola; U.S. Immigration and Customs Enforcement, Counterterrorism and Criminal Exploitation Unit, under the leadership of Unit Chief Robert Soria;  U.S. Citizenship and Immigration Services, Fraud Detection and National Security Section, under the leadership of Associate Director Matthew Emrich; the Student and Exchange Visitor Program, under the leadership of Deputy Assistant Director Louis M. Farrell; U.S. Citizenship and Immigration Services, Vermont Service Center, Security Fraud Division, under the leadership of Associate Center Director Bradley J. Brouillette; U.S. Department of State, Bureau of Consular Affairs, Office of Fraud Prevention Programs, under the leadership of Director Josh Glazeroff; and the FBI, Joint Terrorism Task Force, under the leadership of Timothy Gallagher in Newark, for their contributions to the investigation.

He also thanked the Accrediting Commission of Career Schools and Colleges (ACCSC), under the leadership of Executive Director Michale S. McComis, and the New Jersey Office of Higher Education, under the leadership of Secretary of Higher Education Rochelle R. Hendricks, for their assistance.  In addition, U.S. Attorney Fishman thanked the New Jersey Motor Vehicle Commission and the New York State Department of Motor Vehicles, as well as the U.S. Attorney’s Offices for the Central District of California, Eastern District of New York, Eastern District of Virginia, Southern District of New York, Central District of Illinois, Peoria Division, and the Northern District of Georgia for their help.

The government is represented by Assistant U.S. Attorney Dennis C. Carletta of the U.S. Attorney’s Office National Security Unit and Sarah Devlin of the Office’s Asset Forfeiture and Money Laundering Unit.

Defendant Name Age Residence Charges
Jun Shen aka Jeanette Shen 32 Levittown, New York – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Jiaming Wang aka Celine Wang, 34 Los Angeles, California – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Philip Junlin Li

 

33 Los Angeles, California – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Zitong Wen aka Kate Wen 27 Rowland Heights, California – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Chaun Kit Yuen aka Alvin Yuen 24 Rowland Heights, California – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Ting Zue aka Tiffany Xue 28 Flushing, New York – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Yanjun Lin aka Aimee Lin 25 Flushing, New York – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Zheng Zhang aka Vicky Zhang 26 New York, New York – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Xue Yong Liu aka Jack Liu 29 New York, New York – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Minglu Li aka Vivian Lee 36 Los Angeles, California – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Jason Li aka Jason Liu aka Fen Lee 43 Flushing, New York – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

Tajesh Kodali 44 Edison, New Jersey – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Jyoti Patel 34 Franklin Park, New Jersey – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Shahjadi M. Parvin aka Sarah Patel 54 Hackensack, New Jersey – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Narendra Singh Plaha 44 Hillsborough, New Jersey – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Sanjeev Sukhija 35 North Brunswick, New Jersey – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Harpreet Sachdeva 26 Somerset, New Jersey – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Avinash Shankar 35 Bloomington, Illinois – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Karthik Nimmala 32 Smyrna, Georgia – Conspiracy to commit visa fraud

– Conspiracy to harbor aliens for profit

 

Govardhan Dyavarashetty aka Vardhan Shetty 35 Avenel, New Jersey – H1-B Visa fraud

– False statements

– Conspiracy to harbor aliens for profit

 

Syed Qasim Abbas aka Qasim Reza aka Nayyer 41 Brooklyn, New York – H1-B Visa fraud

– False statements

– Conspiracy to harbor aliens for profit

 

Migrant Crisis Intersection of Horror, Greece

     

Take a Country on the Brink. Now Add 10,000 Asylum Hearings a Week.

Obama Commuting Sentences, Take Away his Pen

I am not too sure we should be surprised, this is a global mission of Barack Obama for terrorists and state sponsors of terror like Cuba and Iran. There are no consequences and following law much less treaties is something Obama is loathe to do. He simply uses his pen to sign clemency notifications or waivers.

BaltimoreSun: President Barack Obama commuted the prison sentences of 61 drug offenders on Wednesday including more than a third serving life sentences, working to give new energy to calls for overhauling the U.S. criminal justice system.

All of the inmates are serving time for drug possession, intent to sell or related crimes. Most are nonviolent offenders, although a few were also charged with firearms violations. Obama’s commutation shortens their sentences, with most of the inmates set to be released on July 28.

Obama, in a letter to the inmates receiving commutations, said the presidential power to grand commutations and pardons “embodies the basic belief in our democracy that people deserve a second chance after having made a mistake in their lives that led to a conviction under our laws.”

In a bid to call further attention to the issue, Obama planned to meet Wednesday with people whose sentences were previously commuted under Obama or Presidents Bill Clinton and George W. Bush. The White House said the former inmates would share their experiences about the challenges of re-entering society after incarceration.

One of the inmates, Jesse Webster of Chicago, is serving a life term for intent to sell cocaine and filing false tax returns. Another, Byron McDade of Bowie, Md., got 27 years for cocaine-related charges as well. In both cases, judges in the cases later said publicly it was too harsh, though sentencing guidelines often prevent judges from being more lenient. Webster and McDade will both be released later this year.

****

He is not stopping either.

Politico: White House promises to speed up clemency program

White House Counsel Neil Eggleston rebutted critics who’ve questioned whether the administration is truly committed to its clemency initiative.

Obama has commuted the sentences of 248 federal prisoners, mostly low-level drug offenders affected by mandatory minimum drug sentences, including 61 on Wednesday. While that’s more than the past six presidents combined, the pace of commutations since the Justice Department announced its clemency initiative two years ago has disappointed advocates. The White House has promised to pick up the pace, but so far, acceleration has been halting. That’s about to change, Eggleston said on Friday at a POLITICO Playbook Breakfast.

“No more eating, sleeping or drinking until we get all these commutations done,” Eggleston recalled telling his staff after Obama met on Wednesday with people who’d had their sentences commuted in the past.

So far, Obama’s commutations have come in batches released every few months. December’s was the biggest set to date, at 95. At that time, too, administration officials promised more speed. On Friday, Eggleston said he believes the “infrastructure is now very much in place” to file and process clemency petitions.

“You’re going to start seeing a lot more very quickly,” Eggleston said. “I think you’re going to start seeing them on a more regular basis. I did want to get a little out of the notion that each one had to be more than the one before because that’s sort of an artificial floor.”

Despite interest from tens of thousands of prisoners, it has turned out there aren’t so many federal prisoners who meet the initiative’s strict criteria for clemency, which include serving for at least 10 years and strong standards for nonviolence.

The Clemency Project 2014, a coalition of volunteer lawyers, said it has reviewed 30,000 requests for clemency and filed nearly 600 petitions, with another 100 nearing completion. (So far, most of Obama’s commutations did not originate with the Clemency Project, but their petitions are making up an increasingly substantial percentage of the total, and Eggleston praised their efforts on Friday.)

Eggleston also directly responded to complaints lodged by former Pardon Attorney, Deborah Leff, whose January resignation letter was obtained by USA Today.

Leff complained that her office did not have enough resources to fulfill the goals of the clemency initiative and that she did not have access to the White House counsel’s office.

“The pardon attorney’s office has a little more resources, which is good, and I have regular dealings with the pardon attorney directly, so to the extent that Ms. Leff was complaining about that, that was solved. Actually, it was solved before she left,” Eggleston said. “And so I think that we’re moving forward in a pretty good way here.”

Eggleston also rejected “out of hand” an argument — floated most recently in a New York Times editorial — that there can’t be meaningful pardon reform until that agency is moved out of the Department of Justice, because federal prosecutors are trained to put people in jail, not get them out.

“They’re quite committed to this,” Eggleston said of Deputy Attorney General Sally Yates and the acting pardon attorney, Robert Zauzmer.

“I was a prosecutor in the Southern District of New York in the 1980s, prosecuted a lot of drug crimes,” Eggleston said, “and I’m quite committed to this also.”

Read more: http://www.politico.com/blogs/under-the-radar/2016/04/white-house-clemency-speeding-up-221467#ixzz44b5QJfZs
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