Immigration Agency's 10-year Strategic Plan Outlines New, Chilling Uses for Information Technology

U.S. Citizenship and Immigration Services – the unit within the Department of Homeland Security authorized to provide immigration, naturalization and visa benefits – has just issued its 10-year strategic plan.

In a letter announcing the plan, Eduardo Aguirre, Jr., the USCIS Director, offers a commendable description of how a robust commitment to providing immigration benefits will continue to enrich our nation:

The opportunity for social equality, for economic independence, for a brighter future; these are the beacons that have attracted people throughout history and from every part of the world to become Americans. Their contributions have enriched the fabric of our society, formed the ideal of the American dream and helped to shape a nation built upon the deep foundations of morality, pillared by codes of justice, with a roof of freedom and liberty overhead. With the Strategic Plan as our blueprint, we will ensure that the spirit of every citizen, both native-born and naturalized, can be harnessed to drive the next chapter of our great American story and continue our historic legacy.

Despite the worthy sentiments, the agency’s strategic plan contains disturbing elements. The plan shows clearly that USCIS understands quite well that it is an enforcement agency housed within a department focused more on national security than immigration benefits. USCIS notes in the plan at pages 7-9 that it will employ data-mining techniques to discern fraud, retrieve and maintain information in digital form from every application or petition submitted by or for an individual seeking immigration benefits, and routinely share cases of suspected fraud with other government agencies so that these government agents may pursue their own appointed missions.

Doubtless, every responsible citizen wants USCIS to prevent immigration fraud. The concern, however, is that the plan does not address data privacy considerations. Perhaps, once President George W. Bush appoints the members and executive director of a civil rights and privacy board created under last year’s intelligence restructuring bill, USCIS may be tasked by this board with adopting and announcing protections on data privacy for law-abiding individuals and businesses requesting immigration benefits. See Senators Say Bush Lags On Creating Terror Panel, by Eric Lichtblau, New York Times, May 15, 2005, Section 1, Page 30, available online.

On the other hand, perhaps Director Aguirre will not wait for the President and instead proactively amend the USCIS strategic plan to address civil rights and privacy protection. Stay tuned.

No Broom and Shovel Brigade: Cleaning Up Immigration Messes in M & A Transactions Before They Occur

Blog readers may not be aware of the challenges the key players involved in a merger, acquisition or other corporate restructuring encounter when they try to understand the secret immigration law affecting M & A deals. The law is secret because it exists primarily in old memoranda issued by the former Immigration and Naturalization Service – an agency abolished in February, 2003. The key foreign workers (whether they are the executives, managers, or critically important technical staff) must file one-at-a-time and in advance to transfer to the payroll of the successor company and continue to be lawfully employed. Often, the immigration requirements are considered as an afterthought. If the deal closes and the immigration niceties have not been followed, then the transferring employees must rely on the kindness of strangers, the folks at the successor agency, the unit within the Department of Homeland Security known as U.S. Citizenship and Immigration Services. To avoid the potential risks and miseries of relying on folks whose primary mission is homeland protection, readers of this blog may want to read No Broom and Shovel Brigade: Cleaning Up Immigration Messes in M & A Transactions Before They Occur by Teri A. Simmons, David Grunblatt and Angelo A. Paparelli

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Stand Tall - How to Deal with DHS Investigations

A presentation by Angelo Paparelli, Jennifer Wissink and Gloria Zarabozo on June 2, 2005 at the Association of International Educators (NAFSA) Annual Conference. Stand Tall - How to Deal with DHS Investigations --------