Homeland Security

Oregon judge’s connection to illegal immigrant’s murder of Kate Steinle

Tragedy on San Francisco's Pier 14

On Wednesday, July 1st, 32-year-old Kate Steinle was shot and killed on San Francisco’s Pier 14, “one of the city’s most scenic tourist spots.” The ABC affiliate in San Francisco reported San Francisco police said she “was walking along Pier 14 when a man came up and shot her in the upper torso.”

The ABC affiliate reported “Wednesday was supposed to be fun for Kate and her family. She met her father on Pier 14 that night. He was there to take her to Pleasanton, to learn if her brother and his wife were expecting a boy or girl. But tragedy struck instead.” The San Jose Mercury News reported “A bullet pierced Steinle’s aorta and she collapsed to the ground in front of her father, who desperately tried to save her life.”

April 2014 Oregon court ruling

Janice M. Stewart was appointed as a U.S. Magistrate Judge on October 13, 1993. She was the first woman to be appointed to serve as a federal magistrate judge in Oregon.

Judge Stewart ruled on April 11, 2014 that holding Maria Miranda-Olivares for an immigration hold violated her constitutional rights. Miranda-Olivares had been held for 19 hours after completing a two-day jail sentence in Clackamas County for a domestic violence charge. According to the Oregonian “jail officials detained her until the next day, giving US Immigration and Customs Enforcement (ICE) officials time to pick her up.” As part of the ruling, the judge found that cities, counties and states could be held liable for unlawful detention for immigration detentions.

In the wake of the ruling, 30 of Oregon’s 36 counties quickly became “sanctuary counties,” according to the Center for Immigration Studies. One Oregon city, Springfield, became a “sanctuary city.”

A Portland immigration lawyer called Judge Stewart’s ruling a game changer and a Lewis and Clark College law professor said “Oregon may actually be one of the leading areas of the country in basically rejecting the idea that state and local law enforcement officers should pay attention to the detainers.”

The April 2014 ruling was followed by a coordinated campaign by immigrant rights’ groups and the ACLU to push other counties to defy federal immigration hold requests (“ICE detainers”) – which are part of the Secure Communities program. They sent letters to counties throughout the U.S.

On May 29, 2014 the San Francisco Sheriff’s Department announced that they would “no longer honor U.S. Immigration and Customs Enforcement (ICE) detainers unless they are supported by judicial determination of probable cause or with a warrant of arrest” – expanding San Francisco’s “sanctuary” status.

Accused murderer a felon illegal immigrant exploiting “sanctuary” status of San Francisco

The accused murderer of Kate Steinle, Francisco Sanchez, is a convicted felon who has been deported 5 times and was only recently released from prison. Sanchez used a gun that had been stolen from a federal agent’s car while the agent was in San Francisco on business.

USA Today reported “Federal officials say he should have never been walking the streets a free man. Federal officials released Sanchez in March from federal prison where he had served nearly four years for previous immigration violations. They delivered Sanchez to the San Francisco sheriff’s office, where he was wanted on felony marijuana distribution charges. Local officials dropped those charges a few days later and released Sanchez onto the street despite a request from U.S. Immigration and Customs Enforcement to detain him for deportation.”

U.S. News & World Report reported “The San Francisco sheriff, citing the city’s ‘sanctuary city’ policy, released Sanchez in April after prosecutors dropped the drug charge, despite an Immigration and Customs Enforcement request to hold him for federal authorities so deportation proceedings could begin.”

A federal immigration spokeswoman said “As a result, an individual with a lengthy criminal history, who is now the suspect in a tragic murder case, was released onto the street rather than being turned over to ICE for deportation.”

U.S. News & World Report reported “Democratic presidential candidate Hillary Clinton told CNN that San Francisco was wrong to ignore the ICE detainer request and release Sanchez from custody.” They also quote Hillary Clinton saying “The city made a mistake not to deport someone that the federal government strongly felt should be deported.”

USA Today also reported that the accused murderer told a TV reporter he came to San Francisco to look for a job because he knew they offered sanctuary to people unlawfully in the country. Read more about Oregon judge’s connection to illegal immigrant’s murder of Kate Steinle

San Francisco Killing Sparks Illegal Immigrant Detention Debate

The fatal shooting of a woman in San Francisco last week, allegedly by an illegal immigrant man convicted of seven felonies and previously deported to Mexico, has sparked a debate about the extent to which local law enforcement and federal immigration authorities should cooperate.

At issue is the Department of Homeland Security’s practice of seeking to identify potentially deportable individuals in jails or prisons nationwide by issuing a “detainer,” a request rather than an order to extend the individual’s detention.

Kathryn Steinle, 32 years old, was walking with her father along Pier 14 on the evening of July 1 when she was shot in her upper torso, police said. She later died at a hospital.

With the help of people who had snapped photos of him on their phones, police tracked down the suspect, Francisco Sanchez, 45, a few blocks away. Mr. Sanchez was booked into San Francisco County Jail on suspicion of homicide.

...“Our officers lodged an immigration detainer asking to be notified before his release; that detainer was not honored,” said ICE spokeswoman Virginia Kice. “As a result, an individual with a lengthy criminal history, who is now the suspect in a tragic murder case, was released onto the street rather than being turned over to ICE for deportation.”

A San Francisco ordinance adopted in October 2013 “deemed him ineligible for extended detention” after the local charges were dismissed, the sheriff’s department said, adding that “detainers are requests and not a legal basis to hold an individual.”

San Francisco Mayor Ed Lee called Ms. Steinle’s death “tragic and senseless,” while defending the city’s policies...

At least 300 localities, including San Francisco, in recent years have stopped honoring detainer requests due to concerns that individuals are remaining jailed without probable cause.

In April 2014, in what is considered a landmark case, a federal judge ruled that an Oregon county had violated an immigrant’s Fourth Amendment rights by holding her without probable cause.

Between Jan. 1, 2014, and June 19, 2015, there were 10,516 detainer requests declined in California and 17,193 declined nationwide, ICE said...

“What happened in San Francisco is tragic,” said Jennie Pasquarella, an attorney with the American Civil Liberties Union of California. “But to the extent there is any question about whether a person should have been held, it was simply a form and there was no warrant signed off by a judge.”

San Francisco’s sheriff department said there was no active ICE warrant or judicial order of removal for Mr. Sanchez, “only a request for his detention.”

Last month, ICE announced that it would use detainers only in “special circumstances.”...

Republican presidential contender Donald Trump, who has been criticized for making derogatory remarks about Mexican immigrants, described Ms. Steinle’s death as “a senseless and totally preventable violent act committed by an illegal immigrant.”

Civil rights groups and critics of the detainer policy counter that immigration hard-liners are trying to capitalize on the slaying.

“During a time of unspeakable tragedy, there is something fundamentally wrong about demagogues who quickly seek to exploit tragedy for political gain,” said Chris Newman, legal director for the National Day Laborer Organizing Network. Read more about San Francisco Killing Sparks Illegal Immigrant Detention Debate

Accused San Francisco Pier Shooter Should Have Been Deported: Immigration Officials

The man accused of gunning down a 32-year-old Pleasanton woman while she was out strolling San Francisco's Embarcadero with her father was in a Bay Area jail less than four months ago and should have been turned over to federal immigration officials upon his release, instead of being set free, according to the Department of Homeland Security.

But that's not the way the San Francisco County Sheriff's Legal Counsel Freya Horne sees it. In an interview Friday with NBC Bay Area, she said the city and county of San Francisco are sanctuaries for immigrants, and they do not turn over undocumented people – if they don't have active warrants out for them – simply because immigration officials want them to.

Meanwhile, San Francisco Police Chief Greg Suhr said Francisco Sanchez, who was arrested following the Wednesday evening shooting of Kathryn Steidle, along Pier 14 has "made an admission" with regards to the seemingly random death in the middle of a populated part of town....

Sanchez, who law enforcement say is either 45 or 46 and has about a dozen aliases, was taken into custody after witnesses described him to police. According to Immigration and Customs Enforcement, he is an undocumented immigrant with a long criminal history who has previously been deported to Mexico five times, the last time in 2008...

Kice told NBC Bay Area on Friday that Sanchez should have been returned to her agency's custody, because he had a "detainer" on his status in jail.
.
Federal records show Sanchez has seven prior felony convictions, four of which were for drug charges. Records indicate his convictions took place in states including Texas, Oregon and Arizona. And a law enforcement source said the case that landed Sanchez in San Francisco jail most recently was for a marijuana case that was about 20 years old.

Police have described the shooting as random, as she was not robbed and never even exchanged words with the man who killed her. Kathryn Steinle's father, Jim Steinle, said she was taken in the prime of her life. "She had so much to live for and died so senselessly,” he said Thursday. “It’s terrible.”...

San Francisco Police Officer Grace Gatpandan Gatpandan added that San Francisco is a "sanctuary city, so we do not hand over people to ICE." She also said that the police are "not responsible" for Sanchez once he is booked into county jail, "meaning we do not have control over his release."

Sanctuary cities, which are dotted throughout the United States, don't inquire about an immigrant's status for the federal government. It has no legal meaning, but is a de facto practice of a particular city.

San Francisco's particular ordinance is called the "Due Process Ordinance for All on Civil Immigration Detainers." Read more about Accused San Francisco Pier Shooter Should Have Been Deported: Immigration Officials

Obama immigration action may be dead, labor leader says

YAKIMA, Wash. — A federal appeals court upholding an injunction against the President Barack Obama’s controversial executive action on immigration probably means it is dead for the remainder of his term in office, a farm labor leader says.

“It is my understanding the administration probably will appeal and that could take a couple of years,” said Mike Gempler, executive director of Washington Growers League, a non-partisan association representing agricultural employers on labor issues.

The executive action would defer deportation and provide temporary legal work status for about 5 million of an estimated 12 million people in the U.S. illegally, was scheduled to take effect in May. Many of the illegal immigrants are farmworkers.

On Feb. 16, U.S. District Judge Andrew Hanen, in Texas, ruled in favor of 26 states that sued to overturn the executive order and issued an injunction stopping the programs on grounds that they were implemented without following an administrative procedures act requiring a public comment period.

The injunction was appealed to the 5th U.S. Circuit Court of Appeals in New Orleans. A three-judge panel of that court upheld the injunction on May 26.

“In my opinion, it was productive to push the envelope a little on this,” Gempler said. “It was provocative and made people think and hopefully would trigger action in Congress.”

Comprehensive immigration reform by Congress seems unlikely anytime soon but it is needed because an executive action “is a very temporary measure,” Gempler said.

Tom Roach, a Pasco, Wash., immigration attorney, could not be reached for comment. Previously, he has estimated 90,000 to 100,000 people in Central Washington and northeastern Oregon are eligible under the executive action for Deferred Action for Parents of Americans — known as DAPA — or an expanded 2014 version of the 2012 Deferred Action for Childhood Arrivals — called DACA.

Thousands of illegal immigrants are eligible in Idaho and California, he said.

Gempler said he believes there’s always been public support for DACA because it makes sense to not deport people who have grown up in the U.S.

“For DAPA, I don’t get a sense that there’s a lot of support in the general public or in the farm community necessarily, but I think there is in the immigrant community,” he said.

United Farm Workers, Keene, Calif., issued a news release denouncing the court ruling. UFW was among more than 100 organizations filing friend of the court briefs and issuing statements in support of the president’s action. UFW expressed optimism that Obama’s executive order eventually will prevail and said it will continue to help prepare illegals for administrative relief under DAPA and DACA.

OneAmerica, a Seattle immigration group, issued a statement calling the decision “disappointing” and saying it believes eventually millions will be given the chance to apply for DAPA and DACA.

Presente.org, a Latino power group, issued a statement saying the court ruling “is part of a continuing and well-orchestrated Republican attack on Latinos and immigrants.”
  Read more about Obama immigration action may be dead, labor leader says

Appeals court refuses to lift hold on Obama immigration action

A federal appeals court has refused to lift a temporary hold on President Obama's executive action that could shield millions of immigrants from deportation....

It wasn't immediately clear if the DOJ would appeal. 

The [26] states say Obama's action is unconstitutional. The White House says the president acted within his powers...

  Read more about Appeals court refuses to lift hold on Obama immigration action

USCIS Chief says U.S. immigration laws are unjust

Leaders of our Federal government have said some pretty eyebrow-raising things in recent years, but if there were a contest for the most shocking of all, it’d be hard to top this:

Leon Rodriguez, head of the U.S. Citizenship and Immigration Services, one of the main branches of the DHS, announced recently that the laws he swore to enforce are unjust.  We knew they weren’t being enforced adequately so maybe this is his excuse.  However, he doesn’t seem to object to receiving a comfortable salary for sitting in the seat of chief administrator of immigration services.
 
Read about this bizarre development below.
 
USCIS Chief Says U.S. Immigration Laws are Unjust; He Should Resign
By Ira Mehlman, Federation for American Immigration Reform
May 16, 2015
 
Leon Rodriguez, director of the U.S. Citizenship and Immigration Services (USCIS) agency said on Wednesday [May 13] that U.S. immigration laws are unjust and do not reflect our nation’s values. Mr. Rodriguez, like every other American, is entitled to his opinion. He should not be entitled to remain director of USCIS, however.
 
It is clear that Rodriguez assumed his current position and took his oath to uphold the laws of the United States under false pretenses. Moreover, he cannot be expected to faithfully carry out laws that, as a matter of conscience, he believes to be unjust. His only legal and ethical option is to resign his post immediately.
 
Speaking to the Catholic Legal Immigration Network in Salt Lake City, Rodriguez observed that among the laws and regulations governing U.S. immigration policy, “You will never once see the word ‘justice.’” I haven’t read through the countless volumes that make up the U.S. immigration code, but I’ll take his word for it. I seriously doubt you will find the word justice in the tax code, or any of the other voluminous sets of laws that govern and regulate how our country operates.
 
The function of the immigration code is to regulate the influx of foreign nationals to the U.S. By necessity, that entails disappointing a lot of people. Being told “no” might not feel good; but it is not necessarily an injustice.
 
Perhaps most importantly, Rodriguez’s comments represent a fundamental misunderstanding of who U.S. immigration laws are meant to serve – and he is not alone in this misperception. First and foremost they are meant to serve and protect the interests and security of the American people. Aspiring immigrants have an interest in U.S. immigration policy, but the stakeholders are American citizens: workers, taxpayers, and parents of future generations of Americans.
 
The refusal of Mr. Rodriguez and the president he serves to conscientiously enforce laws meant to protect the interests of the American people is unjust, not the laws themselves. The millions of Americans who lose jobs and wages to illegal aliens, the taxpayers who shell out about $100 billion a year to provide basic services to illegal aliens, the thousands of Americans who are victimized by criminal aliens, and future generations of Americans who will live with the social and environmental consequences of current immigration policies, could use a little justice too. But they won’t get it from Mr. Rodriguez.
 

DHS caught busing in illegal Somalis from Mexican border

The U.S. is bringing in 100,000 Muslims every year through legal channels such as the United Nations refugee program and various visa programs, but new reports indicate a pipeline has been established through the southern border with the help of the federal agency whose job it is to protect the homeland.

They are coming from Somalia and other African nations, according to a Homeland Security official who was caught recently transporting a busload of Africans to a detention center near Victorville, California.

Somalia is the home base of al-Shabab, a designated foreign terrorist organization that slaughtered 147 Christians at a university in Kenya just last month. It executed another 67 at the Westgate Mall in Nairobi, Kenya, in 2013, and has put out warnings that it will target malls in Canada and the U.S. Dozens of Somali refugees in the U.S. have been arrested, charged and convicted of providing support to overseas terrorist organizations over the past few years.

Libya is also awash in Islamist terror following the death of Moammar Gadhafi in 2011. ISIS beheaded 21 Coptic Christians on a Libyan beach in February.

So when Anita Fuentes of OpenYourEyesPeople.com posted a video of a U.S. Department of Homeland Security bus pulling into a Shell station in Victorville, on the night of May 7, admitting he had a busload of Somalis and other Africans who had crossed the southern border, it raised more than a few eyebrows among those concerned with illegal immigration and national security.

A man who appeared to be a Customs and Border Patrol agent was filmed at the gas station at 10:30 p.m. When questioned by Fuentes, he informed her that his large touring bus was full of Somalis and other Africans being transported to a nearby detention center.

The tour bus had the U.S. Homeland Security logo, and the agent appeared calm and professional.

The windows to the bus were covered. When asked if he was transporting illegal immigrants, the driver said, “No, we ended up taking some people to a detention facility. Somalis and all the Africans.”

Watch video clip of border officials admitting they are bringing in Somalis and other Africans from the southern border.

             “A detention center over here?” Fuentes asks.

“Yeah,” he said.

Victorville is about 161 miles from the Mexican border.

“Is that because they’re crossing the border?” Fuentes asked.

“Well they’re coming in asking for asylum,” he said.

“That’s what it is, that special key word huh? That’s a password now?” Fuentes said.

“That’s what the password is now,” he responds.

The flow of information stopped when Fuentes asked about the presence of ISIS near the border, a story which the watchdog agency Judicial Watch reported last month.

“ISIS being at the border?” she asks.

“I’m not going to talk to you when you’re recording me, ma’am,” the agent says. “Any information you want ma’am, go ahead and look it up online.”

A small part of a larger story

More than 100,000 Somalis have been brought to the United States legally since 1991 through the U.N. refugee resettlement program. Close to half of them have been resettled in Minnesota, with the rest dispersed throughout Ohio, Maine, California, Texas, Idaho, Tennessee, Colorado, Georgia and several other states.

The Somali community in Minnesota has had well-documented problems assimilating, running up a troubling record of crime and radicalization. Scores of Somalis have been arrested and charged with providing material support to overseas terrorist organizations such as al-Shabab, al-Qaida and ISIS.

Others have left the country to fight for al-Shabab and ISIS, including six from Minnesota last month who were arrested after making repeated attempts to leave the country to join ISIS. That prompted the U.S. attorney for Minnesota, Andrew Luger, to admit in a April 20 press conference that “we have a terror recruitment problem in Minnesota.”

At least two Somalis in Columbus, Ohio, have also been arrested on terrorism charges.

While most of the Somalis have been brought into the U.S. by the U.S. State Department in cooperation with the United Nations, exactly how many Somalis may be entering the country illegally and applying for asylum is difficult to ascertain.

According to official DHS data, 688 Somalis entered the U.S. as asylum seekers between 2004 and 2013.

Asylum seekers from other African countries with radical Muslim populations are also showing up at the border. According to DHS data, 139 Libyans crossed into the U.S. between 2011 and 2013, while only 20 had made the risky trek between 2004 and 2010 when dictator Moammar Gadhafi was in power.

The number of Eritreans and Ethiopians showing up at the U.S. border and seeking asylum is also growing: 1,495 came from Eritrea between 2004 and 2013, and 5,863 came from Ethiopia.

The Washington Times, among other publications, has published stories about the harrowing journeys some Somalis have been willing to endure to get to the U.S. They make their way across the Horn of Africa, cross the Atlantic by stowing away in cargo ships before landing at a port in Brazil or Argentina. From there they travel by land through Central America and Mexico to arrive at the U.S. border. Until last year, at least some of them were deported. Now, word is spreading that U.S. border policy has changed so more are showing up with the one word they know of English – “asylum.”

Numbers likely higher

A Customs and Border Patrol agent, who asked not to be identified, told WND that many more Africans and Middle Easterners are likely crossing over the Mexican border than what DHS is willing to admit.

“You’re not going to get an honest number, because they all want to look good and get promotions from the people in D.C.,” the border agent told WND. “I’m absolutely confident that is happening.”

image: http://www.wnd.com/files/2015/05/graphic-on-border-crossings.jpg

graphic on border crossings

That’s why the video is raising eyebrows, because the agent appears unfazed, as though transferring busloads of Somalis and Africans to detention facilities is a routine task.

Once at the detention facility, asylum seekers are often asked to fill out legal documents, given a court date and set free.

“There’s an ICE facility up that way, so that’s where that bus was likely heading,” the Border Patrol agent said. “That doesn’t surprise me. My guess is those are probably coming through Arizona because Arizona is still the biggest pure hole in the southern border we have. The Casa Grande area of Arizona is just the wild West. It’s on an Indian reservation, and they’ve been battling the Border Patrol forever. There are no barriers, not even a barbed-wire fence. But this administration’s done everything they can do to shut down ICE from doing its job.”

Asylum seekers are required to show they belong to a group of individuals who are suffering from a “pattern and practice” of persecution, either from their native country’s government or from non-government entities that the government is unable or unwilling to control.

The Obama administration has decided to spend $2 million to hire attorneys for alien minors seeking asylum in the U.S. this year, Judicial Watch reported.

After filming the busload of African asylum seekers in Victorville, Fuentes posted on her YouTube account that they were being taken to a detention center in the high desert, thumb printed, and let go.

“My friends, many Somalians are Muslim and many Africans especially in the northern region of Africa are radical Islam terrorists. Lord have mercy,” wrote Fuentes, whose husband, Ignacio, is a pastor.

William Gheen, president of the Americans for Legal Immigration, or ALIPAC, said the word “asylum” has indeed become the password for foreign nationals showing up at the border. They will be taken to a detention center to be processed and given a court date along with contact information for an asylum attorney and a religious charity that will help them find housing, food and clothing.

“And they will even be given instructions on how to get their Obamaphone,” he said.

“And that video is further clear evidence that Obama and his administration is involved in a conspiracy to overthrow America’s defenses, laws, borders and republic by flooding America with as many people as possible who will be dependent on the system and the socialists who helped them,” Gheen told WND. “He’s going for broke because he knows that (Mitch) McConnell, (John) Boehner and the other sell-out Republicans won’t stop him.

“In fact, many of those Republicans are now voting for his Trans-Pacific Partnership trade deal and trying to get him more bodies, more non-Americans, into America. The name of the game is to get as many non-Americans with alien perspectives and principles into America so that America’s condition becomes terminal.”

After announcing his plans on Nov. 20 to unilaterally grant amnesty to more than 5 million illegals, Obama created the White House Task Force on New Americans. The task force released its long-awaited report last month. It contained 70 pages of goals, guidelines and strategies that involved using 16 federal agencies, including DHS, to build “welcoming” communities across the U.S. that would work to “integrate” the record numbers of new immigrants and refugees.

“We’re fighting against every avenue we can, but our fight right now is to try to slow them down and try to save every life we can and every job we can,” Gheen said. “Tens of thousands more lives and jobs will be lost if we lose this fight.”

The U.S. allows 1.1 million immigrants into the country annually through legal channels, and another 486,000 crossed the southern border illegally in 2014, according to U.S. Customs and Border Patrol. Taken together, that’s 1.6 million new immigrants each year, which is at historically high levels even for the U.S., which is known as a “nation of immigrants.”

“That’s more than any other nation on earth,” Gheen said.

  Read more about DHS caught busing in illegal Somalis from Mexican border

US: Work Permits Issued After Immigration Action Delayed

The U.S. government says it "erroneously" awarded three-year work permits to 2,000 people under President Barack Obama's executive immigration action after a judge had put the plan on hold....by a Feb. 16 injunction issued by U.S. District Judge Andrew Hanen in Texas.

Hanen had criticized Justice Department lawyers after they acknowledged that more than 108,000 people had received three-year deportation reprieves as well as work permits when the lawyers had previously told the judge that no action would be taken prior to the injunction.

A decision from an appeals court is pending on whether to lift the injunction.
  Read more about US: Work Permits Issued After Immigration Action Delayed

Report: Obama Administration Admits Breaking Executive Amnesty Injunction

The Obama administration violated U.S. District Judge Andrew Hanen’s injunction halting President Obama’s executive amnesty programs, Justice Department lawyers have admitted to the court, according to the Washington Times.

The Times reports that in a late night filing Thursday, Justice Department lawyers revealed that the Department of Homeland Security had issued some 2,000 three-year work permits...

...was in violation of Hanen’s February 16 injunction preventing the executive amnesty programs from going forward.

This occurred despite repeated statements from administration officials that they were abiding by the injunction.

“The government sincerely regrets these circumstances...

According to the Times, DHS Sec. Jeh Johnson has requested the DHS inspector general look into the snafu...

The admission comes on the heels of an earlier administration misstep, again dealing with the issuance of three-year DACA work permits.

As previously reported, DHS jumped the gun on those issuances shortly after Obama’s November 20 announcement issuing more than 100,000 of three-year permits before the injunction. The matter appeared to raise Hanen’s ire as he accused the administration lawyers of misleading him and trafficking in “half truths.”


  Read more about Report: Obama Administration Admits Breaking Executive Amnesty Injunction

Another sneaky way the DHS helps aliens instead of citizens

It seems the DHS cannot do enough to give benefits to aliens and help employers get cheaper labor.  Now a new rule allows the wives of H-1B workers to take jobs here, along with their husbands.  As David North of the Center for Immigration Studies says, there is no need for extra workers of any kind.  The spouses of H-1B workers are likely not in need of a job, and even if they were, any job openings should be available to citizens first.  

 
And by the way -- “An American woman who has a husband with a job in India cannot legally work there.” 
 
The entire H-1B visa program is notoriously corrupt; this latest embellishment makes it even more so. 
 
DHS will start receiving these new employment authorization applications on May 26.
 
-------------------------------
 
Stealth Work Force of as Many as 179,600 H-4 Workers Due To Be Authorized 
By David North, Center for Immigration Studies, May 6, 2015 
 
My colleague John Miano reported late last month on the highly suspect legal status of the H-4 workers DHS will authorize to start work in the next few weeks — these are a subset of the dependents of H-1B workers, usually spouses of programmers or other IT workers.
 
Now, let me tell you about the impact that they will have on the American labor market: It will take away jobs from as many as 179,600 U.S. workers — that's the government estimate — and, indirectly, will swell the coffers of some of America's most prosperous companies. Most of these will be white collar jobs.
 
This is a stealth work force and its impact on various U.S. labor markets will be so scattered that it will not be covered the press. Of course, I hope I am wrong about that. 
 
When the news gets out that a major corporation (such as Southern California Edison) has decided to replace hundreds of perfectly good resident workers with H-1Bs, newspapers cover the event and some politicians start making appropriate noises.
 
But the arrivals of the H-4s in the labor market will be quite different; one by one they will get jobs all over the country quietly and slowly; that new worker in the grocery store or the new accountant or perhaps the librarian in the law firm, they will all arrive without fanfare and another three jobs will be lost to American workers, who probably will never know that a decision in Washington robbed them of these jobs, or at least postponed their getting new jobs. 
 
There are a bunch of things wrong with the government's H-4 decision:
 
• It has nothing to do with the needs of the U.S. labor market; the workers are located near where their spouses work and no agency has decided (as it does with H-1B) that their skills are needed;
• There is no need for extra workers of any kind in the United States; 
• The workers themselves have absolutely no labor market protections; they can be hired at any wage (at or above the minimum); and
• Oddly, these particular H-4s are — as opposed to, say, Mexican H-4s married to H2-A farm workers — a comparatively cosseted population. 
 
On the last point one should bear two facts in mind. First, these workers, probably 90-plus percent women, are not only married to employed college graduates (all H-1Bs fit that description), but the H-1Bs are probably making in excess of $70,000 a year. I would guess that most of the H-4 women, or a large minority, have college degrees of their own. 
 
The new program, after all, is for the spouses of the upper classes of the H-1B population, people whose value to their employer is characterized, by definition, as above average because the employer has filed a green card application for the worker. 
 
The real (but totally hidden) beneficiaries of this program are the big corporations hiring the husbands — there is no need to give the H-1B a raise now that his wife can work, saving millions of dollars. 
 
I understand that many of these spouses are restless being unemployed, and many of them have something to contribute to society, but shouldn't U.S. workers get first dibs on available jobs?
 
By the way, and this is a minor point, this is not a reciprocal-arrangement with India, from whence come most H-1Bs. An American woman who has a husband with a job in India cannot legally work there. 
 
USCIS does not tell us where it got its 179,600 estimate of jobs to be filled in the near future by these women, or how it obtained is accompanying estimate of 55,000 new applicants each year in the future, but I suspect that both of these are understatements. 
 
Nevertheless, it is useful that USCIS has given us some numerical estimates; it does not always do that. 
 
As the agency says in its announcement, it will start receiving employment authorization applications from these H-4s (and the $385 fee that goes with them) on May 26. 
 

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