Parsing Immigration Policy Center for Immigration Studies

In this week’s episode of Parsing Immigration Policy, Emma Waters, a Senior Research Associate at the Heritage Foundation, joins Mark Krikorian, the Center’s Executive Director, to discuss the recent development of international commercial surrogacy, which creates tremendous potential for immigration fraud and exploitation and poses a national security risk.

International commercial surrogacy refers to the process by which foreign nationals contract with surrogates in the United States to have a child on their behalf. While this child is subsequently raised in a foreign country, the child is granted U.S. citizenship by virtue of their birth here, making it easier for the parents of this child to eventually obtain U.S. citizenship. This system is unique to the United States, as other Western countries either ban international surrogacy or do not have birthright citizenship.

Waters states that international commercial surrogacy is a “situation of immigration fraud as well as a national security risk.” The most common demographic of foreign nationals who come to the U.S. for surrogacy are Chinese men, and thus this form of birth tourism allows children who are raised in China and shaped by CCP influence to obtain U.S. citizenship, posing a threat to U.S. national security.

To prevent this form of birth tourism, Waters emphasizes that U.S. immigration laws need to be updated to reflect technological advancements in surrogacy, childbirth, etc. She points to recent examples of nations, such as Nepal and India, which have successfully restricted commercial surrogacy. She also highlights the importance of publishing information surrounding international commercial surrogacy, such as state records regarding the number of surrogacy contracts in each state and the country of origin of the contracting parents.

Waters and Krikorian agree that once information regarding the abuses in the international commercial surrogacy industry becomes available, it will be possible for Congress and state governments to take action against this particularly troublesome form of birth tourism.

Highlights:The U.S. has no federal laws governing international commercial surrogacy, making it extremely difficult to identify the children and parents involved in this industry.The majority of fertility clinics are in California, and these surrogacy agencies often have deep connections in China.The Heritage Foundation has recently filed Freedom of Information Act requests seeking data regarding the countries of origin of contracting parents as well as the number of surrogacy contracts in states such as California.Addressing the problem of international commercial surrogacy ultimately requires “[preventing] foreign nationals from accessing commercial surrogacy in the United States,” but this would require states to forego the financial interest they have in continuing this lucrative industry.Recently, some Republican lawmakers have expressed interest in addressing the abuses of this troublesome form of birth tourism through legislation, focusing on how commercial surrogacy harms American surrogate mothers and places the interests of foreign countries above the interests of American citizens.Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Emma Waters is a Senior Research Associate at the Heritage Foundation.

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This week, Balazs Orban, a member of the Hungarian Parliament and political director for Hungarian Prime Minister Viktor Orban (no relation), joins Parsing Immigration Policy to discuss the strategies Hungary has taken to prevent illegal migration despite continuing pressure from the EU.

Speaking with the Center’s executive director Mark Krikorian, Orban addresses both the effects on Hungary of the 2015-16 migrant crisis in Europe as well as a recent EU court ruling fining it millions of euros for its strict policies regarding asylum for illegal border crossers.

He emphasizes the deterrent effect of Hungary’s policies, asserting that the country's immigration policies were designed to make it so “if you try [to immigrate] illegally you are losing something, not getting something.” Hungary believes maintaining this deterrent effect is a critical aspect of securing its borders, and it has held firm to these deterrent policies despite the massive fines from the EU.

Orban concludes by stating that Hungary “does not want to become an immigration-based society,” highlighting Hungary’s strategy of limiting immigration to a few selective guestworker programs while using the state to promote pro-family policies and raise the fertility rate. Such policies, while costly, are crucial in preserving the cultural and demographic heritage of Hungary—a top priority for this small, landlocked central European country.

In his closing commentary, Krikorian discusses the Republican National Convention’s highlighting of illegal immigration and crime. He points out crime rates of illegal immigrants and Americans are not comparable and that every crime committed by an illegal immigrant is preventable and is a result of government policy.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Balazs Orban is a member of the Hungarian Parliament and political director for Hungarian Prime Minister Viktor Orban.

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Intro Montage

Voices in the opening montage:
Sen. Barack Obama at a 2005 press conference.Sen. John McCain in a 2010 election ad.President Lyndon Johnson, upon signing the 1965 Immigration Act.Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.Laraine Newman as a "Conehead" on SNL in 1977.Hillary Clinton in a 2003 radio interview.Cesar Chavez in a 1974 interview.House Speaker Nancy Pelosi speaking to reporters in 2019.Prof. George Borjas in a 2016 C-SPAN appearance.Sen. Jeff Sessions in 2008 comments on the Senate floor.Charlton Heston in "Planet of the Apes".

In this week’s episode of Parsing Immigration Policy, Dr. Ron Hira, Associate Professor of Public Policy at Howard University, joins guest host Steve Camarota, the Center’s Director of Research, to discuss the flaws in the U.S. guest worker programs and the myths of a STEM labor shortage.

Hira refutes the idea that guest worker programs are justified under the assumption that there is a shortage of STEM workers. He states, “There is no evidence to support that there is a generalized shortage of STEM workers.” Both Hira and Camarota highlight that wages in STEM fields have been stagnant or declining, indicating no shortage.

The discussion then moves to the exploitation within guest worker programs. Hira explains, “Guest workers are underpaid, exploited, and threatened, which harms U.S. workers competing with them.”  He points out that the Department of Labor sets lower minimum wages for H-1B workers and that the OPT program makes foreign workers cheaper by exempting them from payroll taxes, distorting the labor market.

Hira concludes, “There is clarity on what should be done, the question is whether you get an executive branch that will do anything about it.”

Highlights:Skills-based immigration is tilted towards temporary workers, not permanent workers.Many of these visa programs, H-1B in particular, are justified under the pretense that there is a shortage of STEM workers in the U.S. However, no evidence supports this claim.One of the long-term trends across the American economy has been that an ever-larger share of productivity gains has gone to firms – or to those who own capital – rather than workers.Guest-workers have fewer rights than American citizens and are thus subject to exploitation.The foreign-worker program called Optional Practical Training (OPT) exempts participants (recent graduates still here on student visas) and their employers from the payroll tax, making them 15.3 percent cheaper to hire than U.S. born students and laborers.H-1B is often sold as being for the “best and brightest” foreign nationals. However, applicants are selected randomly via a lottery, ensuring the selection of a large number of the mediocre and ordinary.Host

Steven Camarota is the Director of Research at the Center for Immigration Studies.

Guest

Dr. Ron Hira is an Associate Professor of Public Policy at Howard University.

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Intro Montage

Voices in the opening montage:Sen. Barack Obama at a 2005 press conference.Sen. John McCain in a 2010 election ad.President Lyndon Johnson, upon signing the 1965 Immigration Act.Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.Laraine Newman as a "Conehead" on SNL in 1977.Hillary Clinton in a 2003 radio interview.Cesar Chavez in a 1974 interview.House Speaker Nancy Pelosi speaking to...

Critical findings from recent CIS Freedom of Information Act (FOIA) litigation reveal that a Biden “humanitarian” parole program created specifically for nationals of four countries has resulted in many applicants flying in from 74 other countries. This episode of Parsing Immigration Policy draws attention to the discrepancies between the public justification for the Cuban Haitian Nicaraguan Venezuelan (CHNV) Direct Flight Program and the reality of its implementation. Mark Krikorian, the Center’s executive director, and Todd Bensman, the Center’s national security fellow, also highlight the urgent need to reform U.S. asylum laws.

Massive Influx: Since January 2023, more than 460,000 from those four nationalities have been authorized to fly into the country, with 30,000 being allowed in each month – all eligible for two-year renewable work authorization.Litigation and 

Transparency Issues:FOIA Requests and Lawsuits: CIS had to resort to FOIA requests and then lawsuits to obtain information about the program. While Homeland Security eventually disclosed 45 U.S. airports used for arrivals, the administration resisted revealing departure countries until recently. They continue to refuse to provide the number flying in from each nation.Public Deception: The administration promoted the CHNV Program as a kind of rescue initiative. However, many entrants are coming from safe countries, contradicting the stated need for urgent humanitarian intervention. Applicants are flying in from 77 different countries, including safe, prosperous nations like France, Germany, Finland, Sweden, Iceland, Fiji, Australia, and Canada.Concerns and Implications:Asylum Shopping: This raises critical questions about the purpose of asylum. Should individuals in safe countries qualify for U.S. asylum, or is this merely a workaround to bypass immigration limits set by Congress?Reforming Asylum Laws: CIS experts stress the need for statutory changes to ensure asylum is reserved for those genuinely fleeing persecution and not for those already in safe countries.Executive Overreach: The Biden administration’s actions suggest an attempt to increase immigration without congressional approval, undermining the legislative process and immigration limits.Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Todd Bensman is a National Security Fellow at the Center for Immigration Studies.

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Today’s episode of Parsing Immigration Policy delves into the details and implications of this week's controversial announcement by the Biden administration that it will be granting de facto amnesty to over half a million illegal immigrants in the United States. The conversation between Mark Krikorian, the Center’s executive director, and Andrew Arthur, the Center’s fellow in law and policy, also highlights the administration's reliance on executive orders in lieu of legislative compromise.

Announcement: On June 18, 2024, the Biden administration announced that 500,000 illegal immigrant spouses of U.S. citizens, who have been in the country for at least ten years and married before June 17, 2024, will be allowed to apply for “parole in place” (PIP). These benefits will also be extended to an estimated 50,000 children of these spouses, who do not need to meet the ten-year residency requirement. The PIP plan retroactively legalizes illegal entries and allows beneficiaries to apply for work authorization and attain a Social Security number.

Understanding Parole in Place: Parole in place is a limited form of parole that to this point, Congress has only extended to immediate family-members of active-duty military that allows otherwise inadmissible foreign nationals to stay in the U.S. in a quasi-legal status. While parole itself is only to be used on a case-by-case basis for “urgent humanitarian reasons or significant public benefit”, the Biden administration has greatly expanded its use to large classes of inadmissible foreign nationals, raising questions about the legality of its actions. Podcast Highlights:Executive Overreach: The podcast discusses how the Biden administration’s use of PIP circumvents established immigration laws and precedents, similar to previous programs like DACA. The action will undoubtedly end up in the courts, and the administration’s approach has long-term implications for bipartisan cooperation on immigration reform.Potential for Fraud: Concerns are raised about USCIS’s ability to effectively adjudicate the more than a half million expected PIP applications, potentially leading to widespread fraud, particularly with respect to the ten-year residency requirement. This means that the number of aliens amnestied can be expected to be considerably higher than the White House estimate of 550,000.A Solution in Search of a Problem: A waiver for alien spouses in this situation already exists in the form of I-601A “Applications for Provisional Unlawful Presence Waivers”. The Biden administration simply needs to fast track those applications.Political Motivations: The discussion also raises concerns that the timing of the amnesty may be politically motivated, reminiscent of the Obama administration’s pre-2012 election DACA rollout, and is aimed at garnering support from immigrant voters ahead of elections.Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Andrew Arthur is a Fellow in Law and Policy at the Center for Immigration Studies.

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Intro Montage

Voices in the opening montage:Sen. Barack Obama at a 2005 press...

Two former chiefs of the U.S. Border Patrol join Parsing Immigration Policy this week on the occasion of the agency’s 100th anniversary. Rodney Scott and Mark Morgan join host Mark Krikorian discuss how, despite a century of government policies that have often made it harder to secure the border, the Border Patrol has always remained committed to protecting America’s national security. Morgan emphasizes that “bad politics, the lack of political courage, strength, and will decade after decade has made the Border Patrol’s job more difficult…but yet somehow they still are able to succeed.”

The Biden administration has leveraged Americans’ compassion for migrants to promote policies that hinder the Border Patrol’s ability to do its job. One such policy is the elimination of rapid DNA testing, which helps agents in identifying human traffickers. The mass influx of illegal immigrants that started in 2021 has overwhelmed the Border Patrol, preventing them from engaging in preventive measures like rigorously interviewing suspicious migrants. This situation has led to the departure of many experienced agents and has hindered the training of new agents to address potential national security threats at the border. Morgan and Scott emphasize that illegal immigration is not a victimless crime, underscoring that Border Patrol agents are not motivated by racism or any other nefarious motives; rather, they are safeguarding American national security and the integrity of the legal immigration system.

Going forward, Morgan and Scott stress the importance of improving transparency at the border to pressure politicians to provide resources and policies that will improve border security.

In his closing commentary, Mark Krikorian, the Center’s Executive Director and podcast host, discusses the eight Tajikistani nationals – all of whom crossed the Southern border and were then released – who were recently arrested on terrorism charges. The vetting process failed to detect these Tajiks’ terrorist ties, and once these ties were discovered, the fact that these foreign nationals were not detained allowed them to disappear into the country. Border security is ultimately a matter of national security, and cases like this showcase the limitations of vetting and the importance of detention.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guests
Rodney Scott is a former Chief of the U.S. Border Patrol.

Mark Morgan is a former Chief of the U.S. Border Patrol.

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Intro Montage

Voices in the opening montage:Sen. Barack Obama at a 2005 press conference.Sen. John McCain in a 2010 election ad.President Lyndon Johnson, upon signing the 1965 Immigration Act.Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.Laraine Newman as a "Conehead" on SNL in 1977.Hillary Clinton in a 2003 radio interview.Cesar Chavez in a 1974 interview.House Speaker Nancy Pelosi speaking to reporters in 2019.Prof. George Borjas in a 2016 C-SPAN appearance.Sen. Jeff Sessions in 2008 comments on the Senate floor.Charlton Heston in "Planet of the Apes".