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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Wednesday, February 15, 2012

Obama's Lax Visa Policy Imperils U.S.

Politico (Opinion by Rep. Lamar Smith): President Barack Obama has taken his "we can't wait" campaign rhetoric a little too far.

A recent inspector general report found that Obama administration officials at U.S. Citizenship and Immigration Services pressure officers to rush and approve immigrants' visa applications -- even when fraud is suspected. These applications could be fraudulent because the applicant falsely claims to have relatives in the U.S., pretends to be a graduate of a foreign university or lies about having a criminal background.

One-quarter of the 254 immigration service officers who responded to the survey said they have been pressured to approve questionable cases -- sometimes "against their will."

Officers interviewed said this is because there is an underlying "get to yes" mantra promoted by administration officials.

The immigration subcommittee is holding a visa fraud hearing Wednesday to investigate the alleged abuses by the administration contained in the IG report.

The report also found that more than half the officers surveyed think that USCIS policy is too heavily weighted toward promotion of immigration rather than national security. This rubber-stamp process leaves an ink trail of potential fraud and abuse. It also undermines the integrity of our immigration system and threatens national security.

Immigration service officers help maintain the integrity of our immigration system and ensure national security by examining immigrant visa applications for potential fraud. But administration officials, according to the IG report, undercut the officers' mission by making them give a stamp of approval to potentially fraudulent applications.

USCIS is supposed to be a first line of defense for national security -- not a customer service agency for foreign nationals.

Visa applications need thorough vetting because they often lead to lawful permanent residence and U.S. citizenship. We know that terrorists continue to enter the U.S. on visas because our immigration laws are so loosely enforced.

In fact, a 2006 Government Accountability Office report found that individuals who pose a threat to national security and public safety may try to enter the U.S. by fraudulently obtaining a visa. Though the full extent of visa fraud is not known, the GAO report determined that available evidence suggests it is a serious problem.

For example, the Sept. 11 hijackers entered the U.S. after obtaining visas.

The Christmas Day bomber was able to board a plane en route to Detroit because he, too, had a visa. Thankfully, his attempt to blow up the plane was thwarted and hundreds of innocent lives were spared.

Just last year, Khalid Ali-M Aldawsari, a 20-year-old Saudi citizen who entered the U.S. legally on a student visa, was charged with attempted use of a weapon of mass destruction and is alleged to have listed the home of former President George W. Bush as a possible target.

USCIS's own Fraud Detection and National Security Directorate also found a 33 percent fraud rate in the religious worker visa program.

In light of these facts, it's outrageous that Obama administration officials would compromise national security for their own political agenda. Their "get to yes" motto has got to go.

The president's most important job is to protect the American people. But the Obama administration seems more interested in ignoring immigration regulations than making sure those who come here will not cause us harm.

This is just a broader pattern of the Obama administration putting immigrants ahead of U.S. citizens. Work site enforcement has plummeted 70 percent under this administration, allowing illegal immigrants to hold scarce jobs when millions of Americans are unemployed or can't find full-time work. The administration also has granted backdoor amnesty to potentially millions of illegal immigrants by abusing administrative powers.

Until we strengthen and follow our immigration laws to prevent terrorists from entering the U.S. in the first place, history will likely repeat itself. That's why the House Judiciary Committee in June approved the Secure Visas Act -- to help prevent terrorists from obtaining U.S. visas and allow U.S. officials to expedite the removal of terrorists and other immigrants whose visas have been revoked.

The vast majority of those who apply for immigration benefits have no ill intent toward the U.S. They come here for legitimate work or travel. But we must have policies that ensure we don't admit those few who do intend to cause us harm.

Visa security is too important to national security.

Rep. Lamar Smith (R-Texas) is chairman of the House Judiciary Committee.

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