BuzzFeed: “Welcome to America — Now Spy on Your Friends”

The FBI has been pressuring Muslim immigrants who face long delays when applying for permanent residency and US citizenship to become informants in order to expedite their cases, a BuzzFeed News investigation alleges.

The investigation, based on government and court documents, official complaints, interviews with immigrants, immigration and civil rights lawyers, and former special agents, finds that pressuring Muslim applicants to become informants in order to have their cases expedited—or, conversely, threatening to deport them if they do not comply—violates the FBI’s own rules regarding informants. These rules are detailed in the “Attorney General’s Guidelines Regarding the Use of FBI Confidential Human Sources” and forbid FBI agents from making any promises or commitments regarding the “alien status of any person or the right of any person to enter or remain in the United States.”   

Moreover, according to these guidelines, agents must explicitly warn potential informants that the FBI cannot assist with their immigration status in any way. BuzzFeed finds the opposite has happened:

Mandated to enforce the law, the bureau has assumed a powerful but unacknowledged role in a very different realm: decisions about the legal status of immigrants — in particular, Muslim immigrants. First the immigration agency ties up their green card applications for years, even a decade, without explanation, then FBI agents approach the applicants with a loaded offer: Want to get your papers? Start reporting to us about people you know.

BuzzFeed shares the story of one Pakistani software programmer named A.M. (he did not want his name used), who had spent seven years attempting to obtain a Green Card. After a series of interviews, three encounters with the FBI, and unexplained bureaucratic delays, with his work visa shortly expiring and no apparent end in site, he decided to file suit against the Department of Homeland Security, US Citizenship and Immigration Services (USCIS), and the FBI.  Afterwards at another meeting with the FBI he was asked to write down names of people he thought were terrorists. When he replied that he didn’t know any terrorists nor was he aware of any suspicious activity, he reported to BuzzFeed that one of the agents told him: “We know about your immigration problems…And we can help you with that.” The catch: he had to make secret reports on his community, friends, and family.

He refused, and shortly thereafter immigration authorities revoked A.M.’s existing work visa and FBI agents turned up unannounced at his home and workplace. Soon A.M. and his family sold their possessions and left the US, where he had lived for seventeen years. 

The goal for the FBI, BuzzFeed reports, is to take advantage of many immigrants’ desperation no matter how useful their supposed “terrorist” contacts would be or if they even have any reliable intelligence about terrorism. This wide-scale approach to intelligence gathering is not even effective according to Michael German, a former FBI agent who is now a national security expert at New York University’s Brennan Center for Justice. He told BuzzFeed. “All of this investigative effort is against people who are not suspected,” he said, of “terrorism or any other criminal activity.” He added: “This becomes an obstacle to real security.”

Many delays for Muslim immigrants begin with the Controlled Application Review and Resolution Program (CARRP), a once secret USCIS program designed to identify security risks among applicants for visas, asylum, Green Cards, and naturalization. Established in 2008, CARRP targets a wide range of applicants, including not only suspected or known terrorists, but also for applicants based on a range of criteria, including geographical factors, knowledge of someone who is under surveillance, whether any money transfers have been made abroad, having worked for a foreign government, or even certain foreign language skills.

With CARRP, critics contend, the FBI can easily influence the immigration process. Indeed a 2013 report by the ACLU found that immigration authorities “are instructed to follow FBI direction as to whether to deny, approve, or hold in abeyance (potentially indefinitely) an application for an immigration benefit.”

Christopher Bentley, a USCIS spokesperson, told BuzzFeed that each applicant’s file is reviewed and decided by immigration officials alone (not law enforcement) on a “case-by-case” basis. The FBI’s National Press Office said they couldn’t comment to BuzzFeed on the specific strategies and tactics used to recruit informants.

While many have criticized the FBI’s use of informants within Muslim communities, after the 9/11 terrorist attacks, the FBI believed recruiting informants within the Muslim community was crucial to preventing future terrorist attacks. The Heritage Foundation details at least eighty-one potential terrorist attacks they say have been thwarted since 9/11 and notes that the use of informants was key to preventing many of the attacks. The authors stated: “Both government outreach efforts and the vigilance of Muslim communities against terrorism have proven vital in protecting the US” while noting that “more must be done to enhance mutual trust and partnerships between government, intelligence, and law enforcement and Muslim communities.” And after the recent San Bernardino terror attacks, Edward Gernat, a supervisory special agent for the FBI’s Joint Terrorism Task Force in San Diego, explaining how the FBI operates in general, told the San Diego Union-Tribune: “Our No. 1 goal is to prevent acts of terrorism…We will use any law enforcement tool legally available to us to prevent an act.”

OPINION: Nothing to Fear But Fear of Immigrants: America’s Worst Immigration Laws and What Current Politicians Can Learn from Them

Some of the unpleasant rhetoric surrounding the presidential campaign involves suggestions that the immigration laws should be changed seemingly based on fears and prejudices. While these debates bring me uneasiness, it certainly isn’t a unique occurrence in our country’s history that fear-based immigration laws are passed reflecting our country’s mores at the time. 

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A Beginner’s Guide to Special Immigrant Juvenile Status

     (Para español, haga clic aqui)

Created by Congress in 1990, the Special Immigrant Juvenile program seeks to aid foreign minors living in the United States. Minors unable to live with one or both of their parents in their home country due to abandonment, neglect, or abuse, may be eligible for special immigrant juvenile status (SIJS). SIJS permits a minor to remain in the United States and apply for legal permanent residency, and eventually, US citizenship.

Why is it important?

Last year, we wrote about the surge of Central American children crossing the US-Mexico border. While the number of unaccompanied minors entering the US has decreased, the motivations underlying their entry remain. Poor conditions in Central America, including poverty and gang-related violence, still prompt thousands of minors to flee their home countries every year. While some of these minors may be eligible for asylum (for individuals who have been persecuted on the basis of race, religion, nationality, political opinion, or membership in a particular social group), U visas (for victims of certain crimes in the US who aid law enforcement in investigating or prosecuting the offender), or T visas (for victims of human trafficking), others are better candidates for SIJS.

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Full Commitment

“As we celebrate Independence Day, we welcome over 4,000 new Americans who will be able to enjoy all the rights, privileges and responsibilities of U.S. citizenship…From Los Angeles to New York, Miami to Seattle, Indianapolis to Los Alamos, these individuals are showing their full commitment to the freedoms, values and ideals that have inspired Americans since the Declaration of Independence in 1776.”

- León Rodríguez
  Director of US Citizenship & Immigration Services 

My Immigration Story

A series of posts by Daryanani & Bland staff sharing their immigration stories—how they (or their families) came to America and/or how they came to work in the immigration law field.

The stories of people’s cultural backgrounds, how they came to America, and the cultural traditions they brought with them are fascinating to me. That’s part of why I became an immigration attorney and why my own family’s immigration story is one that I have thoroughly explored.

My mother’s side of the family comes from England through a line that can be traced back to the earliest American settlers, including a Francis Drake (who our family thinks may be a descendent of the Sir Francis Drake but have yet to confirm) who settled in the colony of New Hampshire. An alleged religious dispute with the Puritans caused him to move his family further south. With multiple generations of my family living in Connecticut, it’s ironic that I was already living in Brooklyn, NY when my mother and aunt decided to start a genealogy research project and discovered that my great-great-great-great-grandfather Theodore Drake spent most of his life in Brooklyn, NY and is buried in Greenwood Cemetery—only blocks from where I live now. Theodore Drake turned out to be an interesting character. If I were on the show Finding Your Roots (if it ever comes back on the air—thanks Ben Affleck and Henry Louis Gates Jr.!) he would surely be the character they focus on (apart from Sir Francis Drake).

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Maintaining Green Card Status (Even When Temporarily Living Outside the US)

As an immigration attorney, it gives me great joy to tell our clients that their Green Cards (giving them permanent residency status in the US) have been approved. My husband is himself a Green Card holder so I know firsthand how important the freedom and security that permanent residency in the US provides for immigrants; at the same time, it’s also important for Green Card holders to know their rights and responsibilities as permanent residents—including how to maintain their permanent residency to ensure that they keep their Green Cards and, if they so desire, apply for citizenship down the road!  

The following dialogue is a fictional example of a conversation I often have with our clients about maintaining permanent residency.  (No Daryanani & Bland client information is used or revealed and any similarity to real people is entirely coincidental!).

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Huffington Post: "Whoops! The Department of Justice Admits That It Misunderstood U.S. Citizenship Law"

The US government has been misinterpreting certain citizenship statutes since 2008 and has consequently been incorrectly ordering US citizens deported, reports Laura Murray-Tjan, the Director of the Federal Immigration Appeals Project. The Department of Justice (DOJ) admitted their mistake in a recent decision saying that they "misread" the legal requirements for legitimation. Murray-Tjan writes:

The DOJ's error involved what is known as "derivative citizenship." If a parent naturalizes while a child is under 18, the child automatically becomes a citizen, if some other conditions are met. For example, if a father naturalizes, his out-of-wedlock children must be "legitimated" to derive citizenship.

This recent DOJ decision overturned an immigration judge's order to remove (i.e., deport) Oshane Shaneil Cross, a twenty-six-year-old man who was born out of wedlock in Jamaica to parents who were not American citizens at the time. Cross had been arrested for burglary in Connecticut and argued that he became a US citizen when his father naturalized. The immigration judge, however, said that Cross had never been legitimated under Jamaican law because his biological parents never married. In response, the decision clarified that "a person born abroad to unmarried parents can qualify as a legitimated 'child'...if he or she was born in a country or State that has eliminated all legal distinctions between children based on the marital status of their parents or has a residence or domicile in such a country or State[.]" This was true in Cross's case as Jamaica had passed a law in 1976 that eliminated legal distinctions between children born to married and unmarried parents.

What about those already deported? Murray-Tjan asks. "Will the DOJ communicate its error to affected individuals? How? When?...Will the government make any effort to identify them and bring them home?"

New York Times: "Why I'm Giving Up My Passport"

Jonathan Tepper is giving up his US passport. The founder of Variant Perception, a macroeconomic research company, has spent most of his life abroad, but as an American citizen he is still required to fulfill "onerous financial reporting and tax filing requirements that are neither fair nor just." Mr. Tepper is scheduled for an "in-person final loss of citizenship appointment" at the US Embassy early next year. He will keep his British passport, obtained in 2012.  With the renunciation of his US citizenship, he will join the 3,000 Americans who gave up their citizenship last year, a number that is expected to grow this year and next, even as the cost for renunciation of citizenship has increased dramatically from $450 to $2,350.

The reason, Mr. Tepper explains, is the unusual US tax laws that apply to American citizens and companies no matter where they are physically located. He notes that America is the "only country (except, arguably, Eritrea) that taxes all of its citizens on worldwide income rather than where the income is earned. Expatriate Americans have to pay taxes once, wherever they live, and then file again in the United States." Even if no taxes are owed (the IRS doesn't tax the first $97,600 of foreign earnings), many expatriates must pay thousands of dollars to accountants to navigate the complicated rules.

The US government has been taxing Americans living abroad since the Civil War, when it did so to prevent Americans from fleeing to Britain to avoid taxes. The recent Foreign Tax Account Compliance Act, which requires foreign financial institutions to report certain assets held by American clients or face severe penalties, has led to the refusal of many foreign institutions to take on American clients and arguably to the upsurge in Americans renouncing their US citizenship.

Mr. Tapper writes: "The founders agreed on 'no taxation without representation.' Why can't Congress?"

USCIS to Honor Veterans During Naturalization Ceremonies

In honor of Veterans Day, US Citizenship & Immigration Services (USCIS) is celebrating service members, military spouses, and veterans becoming US citizens by taking the Oath of Allegiance at naturalization ceremonies across the country from November 7th through the 14th. More than 3,000 will become new citizens at nearly forty naturalization ceremonies. USCIS reports that since September 2002 more than 102,000 service members, including those serving in Iraq, Afghanistan, South Korea, and Germany, have naturalized.

USCIS Director León Rodríguez, who yesterday administered the Oath of Allegiance and presented candidates for naturalization at a ceremony at the National Museum of the Marine Corps in Virginia, stated: “'On Veterans Day, we honor the men and women who have pledged to defend our nation, as we cherish the freedoms we enjoy because of the sacrifices of our service members, and their families...Today, we honor those who pledged to defend our nation before they were even citizens of our nation.'”

The USCIS fact sheet explains that special provisions of the Immigration and Nationality Act (INA) authorize USCIS to expedite the naturalization process for current members of the US armed forces and recently discharged members as well as spouses. 

Immigrants generally must be US citizens or Green Card holders to enlist in the military, but last year Representative Jeff Denham proposed under the ENLIST Act to amend the US military code to allow young undocumented immigrants who arrived in this country by age fifteen to serve in the armed forces in exchange for legal status and a path to citizenship. When he tried earlier this year to introduce †his measure as an amendment to the National Defense Authorization Act, it was struck down.

Most recently, after announcing the military would allow young immigrants in the US under Deferred Action for Childhood Arrivals (DACA) to join through the specialized program called Military Accessions Vital to the National Interest (MANVI), the Pentagon has put this program on hold.

It's unclear if President Obama's long-promised executive action on immigration reform will include a path to citizenship through the military for the undocumented.

USCIS has invited users to share photos of new citizens on Twitter under the hashtag #newUScitizen (which along with today's new citizens includes a photo of actor Jonny Lee Miller becoming a citizen as well as an one-hundred-year-old woman who become a citizen earlier this year).