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   Promoting awareness of problems and solutions in U.S. immigration policies                  
Michael Cutler, former INS agent, New York

AMNESTY TRUTH SHEET

The Truth About Amnesty
Amnesty overlooks the alien's illegal entry and ongoing illegal presence and creates a new legal status that allows the recipient to live and work in the country.

Get the two-page Truth Sheet.

U.S. Senate

Comprehensive Immigration Reform Act of 2007
This is the highly controversial 'compromise' immigration reform bill that failed in the Senate. It drew more criticism than support from all sides in the debate.

Get the 790-page bill, S. 1348.

The Secure Borders, Economic Opportunity and Immigration
Reform Act of 2007

This is the "security-first" bill that was designed to draw more votes for comprehensive immigration reform. It failed a critical vote in the Senate.

Get the 762-page bill, S. 1639.

GAO Testimony

Prospects For Biometric US-VISIT Exit Capability Remain Unclear
DHS has invested about $1.3 billion over 4 years and delivered basically one-half of US-VISIT, meaning that biometrically enabled entry capabilities are operating at almost 300 air, sea, and land POEs, but comparable exit capabilities are not. Moreover, the prospects for this changing are essentially as uncertain today as they were 4 years ago.

Get the 16-page report.

CBO Testimony

Budgetary Impact of Current and Proposed Border Security and Immigration Policies
CBO estimates that implementation of S.2611 would require $81 billion in additional appropriations over the 10-year period, resulting in $78 billion in added outlays. Economic growth would increase by only a small degree.

Get the 12-page report.

Lax Interior Enforcement Undermines Border Security

Few Politicians Want to Talk About Immigration Benefit Fraud

Michael Cutler

August 24, 2007 -- For ever so long I have been hammering the issues that relate to the processes by which aliens are able to acquire resident alien status and United States citizenship. I have contended that no matter what we do on our nation's borders, if there is no integrity to the immigration benefits program, them we are doing little more than spinning our wheels by focusing on the borders.

Securing our nation's borders is the equivalent of a homeowner purchasing and installing secure locks on doors to prevent burglars from breaking into his house. Could you imagine a homeowner spending all kinds of money on securing his house and then hiding his key to the front door under his door mat? You would probably question his intelligence if not his sanity! Once a burglar has the key he has unfettered access to the house regardless of how strong the doors and locks are.

With all of the talk about the fence on the border and the situation on the Mexican border, few politicians talk about interior enforcement of the immigration laws, and even those who do raise the issue of interior enforcement fail to address a major issue, immigration benefit fraud.

Former chairman of the House Judiciary Committee, F. James Sensenbrenner, Jr., issued a press release on March 10, 2006 about the findings of the GAO in investigating this critical vulnerability at Chairman Sensenbrenner's behest.

You can read his press release that contains a concise summation of that GAO report.

Among the findings noted in this press release is the disturbing fact that of the terrorists identified as operating in our country before the attacks of September 11, 2001, twp-thirds of them used immigration benefit fraud. They did this to either enter the United States or to embed themselves in our country after they got here. This is just one of a number of extremely disturbing findings.

Additionally, Senators Charles Grassley of Iowa and Susan Collins of Maine requested an investigation into the loss of immigration files at USCIS, the division of DHS that adjudicates applications filed by aliens to accord them a wide variety of immigration benefits including the conferring of resident alien status and United States citizenship. They had received information that UCIS lost some 111,000 files including 30,000 files of aliens seeking to naturalize. As unbelievable as it may seem USCIS went ahead and adjudicated those 111,000 applications including those for the "keys to the kingdom" United States citizenship and, undoubtedly other applications for resident alien status without providing the crucial immigration alien files to the adjudicators!

USCIS has been fixated on keeping up with the backlog of applications for various immigration benefits and there have been published reports about USCIS employees who have been given all sorts of awards for moving applications quickly even including spending significant amounts of money on parties to encourage them to work even faster! In this climate that I have previously compared to "Lucy at the bon-bon factory" were the comedian, Lucille Ball, is employed at a candy factory along with her friend and her perennial "partner in crime" Ethel, they attempt to wrap candies hurtling at them on a conveyor belt. At first they have no problem doing their job but as the conveyor belt picks up speed, they work faster and faster and to no avail! The candy is flying at them at warp speed so they try eating them, stuffing them down their clothes and otherwise try to cope with an obviously impossible situation. As a comical episode of that early TV sitcom, this one is a classic.

When adjudicators find themselves in Lucy and Ethel's hopeless situation, there is nothing humorous to be found. The faster the adjudicators work, the less quality control there is. This means that more aliens succeed in committing fraud and gaming the system. This encourages still more aliens to file more fraud applications further eroding any semblance of integrity. In this vicious cycle, there is no way for the employees to keep up and do their jobs effectively.

This makes me wonder if the files were not lost but if managers simply decided that the review of the files that should be done would represent an unacceptable impediment to moving the files as quickly as they wanted them moved.

The loss of these files is covered in a GAO report.

Additionally, here are other links to articles concerning this horrendous disaster at USCIS:

I have written about these outrageous failings before, but today the article in the Washington Times, DHS hid data from probers by Sara Carter highlights the issue of corruption at USCIS where employees may well have intentionally provided terrorists with immigration benefits. There are, as you may know, three ways that an employee can fail to do his job properly. This is Nonfeasance in which the employee simply does not do the job he was paid to do. There is Misfeasance in which the employee does his job improperly because of incompetence and then there is Malfeasance where the employee intentionally fails to do his job properly because he (she) has an ulterior motive, usually because of a bribe or because of an ideological orientation. Malfeasance involves a violation of criminal laws.

So now when you read the articles for which I have provided links above, you need to ask yourself, was it nonfeasance, misfeasance or malfeasance that was at the root cause of these screw-ups?

I am compelled to remind you that USCIS would be called upon to administer any Guestworker Amnesty Program that has been advocated various politicians on Capitol Hill including President George W. Bush, Senators Kennedy, Reid, McCain and Specter and a slew of other such "leaders" on the "Hill."

I came to refer to the legislation that Kennedy and the other "usual suspects" attempted to force-feed their colleagues in the Senate as being the "Terrorist Assistance and Facilitation Act of 2007." Considering the article below, my concerns were not only justified, but all too well grounded in the outrageous reality that there are apparently some employees at USCIS who should be given the MVP award by al Qaeda and permanent room and board in a federal penitentiary by our government for their treasonous duplicity!

If our nation cannot or will not gain control over its borders and create an immigration system including, importantly, the immigration benefits program that possesses real integrity then I fear that the nonfeasance, misfeasance and malfeasance if employees of USCIS and the lack integrity and leadership by politicians who have attempted to ram a Guest Worker Amnesty Program down the throats of our citizens that would provide millions of illegal and undocumented aliens with official identity documents even though there is no way of confirming their identities including their nationalities, that terrorists would easily game such a fatally flawed program. The duplicity of some employees at USCIS would only serve to exacerbate the threats that this represents to our nation's security as we confront terrorists who are determined to attack our nation and kill our citizens.

Therefore, any politician who favors providing illegal and undocumented aliens with official identity documents under the aegis of a Guest Worker Amnesty Program is favoring a program that represents a serious threat to our nation's security. We the People have got to decide to make our voices clearly heard about these critical issues. This requires that we vote and that we get intimately involved in the political process. When an employee fails to follow the instructions of his employer, he is said to be insubordinate and is generally fired. When surveys are conducted about the desires of the American people about border security, at least 70% of the citizens interviewed state that they want our borders secured. We the people can help to "fire" insubordinate politicians who refuse to accede to the demands of their constituents. This is how our government works.

The Founding Fathers of this great nation conceived of a form of government in which the title of the person who was most significant was that of "CITIZEN." This is an important fact to remember. Our government needs to make certain that the process by which aliens acquire citizenship is respected for his seriousness and its implications. It is also important to remember that We the People can and must make our government respond to our demands!

Democracy is not a spectator sport!

Lead, follow or get out of the way!



Michael Cutler, a former Senior Investigator with INS in New York, has been an expert witness in more than a dozen Congressional hearings. He is a board member on the American Council for Immigration Reform (ANCIR), a Fellow at the Center for Immigration Studies a(CIS), and an advisor to the 911 Families for a Secure America. Among his areas of concern is the nexus between immigration and national security.

Media queries for comments, articles and appearances can be addressed to Mr. Cutler at: mcutler@ancir.org.

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ANCIR is a volunteer 501(c)(4) citizens organization. Our goals are to educate the public on the problems created by current U.S. immigration policies and to promote legislation to correct them. Donations to 501(c)4s are not deductible for tax purposes.

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ilegal immigration.

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