Parsing Immigration Policy

The Center for Immigration Studies hosted a panel discussion examining how immigration is used as a political, economic, and strategic tool by governments, non-state, and sub-state actors worldwide. Whether through mass migration crises, policy-driven border surges, or the manipulation of refugee flows, immigration has become a powerful geopolitical weapon and a means of waging hybrid warfare. Examples have included Cuba’s use of the Mariel boatlift in 1980 or the more recent efforts by Belarus to coordinate illegal immigration to the EU.This panel explored the concept of immigration warfare – how immigration is leveraged to gain political leverage; influence legislation, elections, and the economy; shape public opinion; and even destabilize a country. Discussion also covered how nations can respond to this growing challenge. The discussion is an activity of the International Network for Immigration Research (INIR), a collaboration among independent policy organizations on three continents sharing the perspective that each sovereign nation has the right to pursue its chosen immigration policies.Mark Krikorian, the Center’s executive director and host of Parsing Immigration Policy, moderates this rebroadcast of the Center's panel.HostMark Krikorian is the Executive Director of the Center for Immigration Studies.GuestsViktor Marsai is the Director of the Migration Research Institute in Budapest.Phillip Linderman is a Retired senior Foreign Service officer from the State Department and a Board Member of the Center for Immigration Studies.Eric Ruark is the Director of Research of Numbers USA.RelatedPanel Press ReleasePanel VideoPanel TranscriptC-Span CoverageIntro MontageVoices 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".

Former Czech President Václav Klaus joins the Center for Immigration Studies podcast to discuss migration, national identity, and the importance of the nation-state. An economist and longtime advocate for national sovereignty, President Klaus challenges prevailing European views on immigration, multiculturalism, and the European Union.Key highlights:Reconciling free market economics with the necessity of limited immigration and secure borders.Differentiating between individual migration and mass migration.Arguing that low birthrates do not justify increased migration.Explaining mass migration as being demand-driven, caused by politics and social policies.Critiquing labor importation as a policy failure that undermines citizens’ motivation to work.Emphasizing the importance of national borders and criticizing the Schengen Agreement.Distinguishing between migrants and legitimate refugees as opposed to distinguishing between legal and illegal migrants.HostMark Krikorian is the Executive Director of the Center for Immigration Studies.GuestFormer Czech President Václav KlausRelated"Europe All Inclusive: Understanding the Current Migration Crisis"Václav Klaus’ personal websiteIntro MontageVoices 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, National Review’s Andy McCarthy and guest host Andrew Arthur, the Center’s fellow in law and policy, examine the erosion of legal norms – from immigration enforcement to judicial power – and what this means for how our system of government is supposed to work under the Constitution.Prosecutorial Discretion:McCarthy traces how the Obama and Biden administrations transformed prosecutorial discretion from a tool used on a case-by-case basis into a broad and categorical policy of declining to enforce immigration laws. What was once a resource-based allocation judgment has become, in his view, an unconstitutional end-run around Congress.The Courts as a Political Battleground:With Congress “not doing its job,” McCarthy highlights how activist groups race to friendly judges for nationwide injunctions. He warns the resulting judicial overreach allows unelected judges, often handpicked by advocacy groups, to override elected officials and block policies nationally, replacing democratic accountability with judicial activism. SCOTUS’s large emergency docket caseload is a symptom of the resulting dysfunction.The Rise of Progressive Lawyering:McCarthy contrasts originalism, which examines and respects the Constitution’s original meaning, with progressive lawyering, which he sees as driven by social outcomes rather than legal process. This shift, he contends, threatens democratic governance.Deportation and Due Process:The two legal experts address Trump-era deportation efforts using both the foreign policy grounds for removal and the Alien Enemies Act. McCarthy, who supports broad executive authority, explains that even aliens have constitutional protections.HostAndrew Arthur is a Fellow in Law and Policy at the Center for Immigration Studies.GuestAndrew McCarthy is a Senior Fellow at the National Review Institute and Contributing Editor at National Review.RelatedAndrew McCarthy articles at National ReviewSupremes Uphold Due Process While Handling Trump Win in Venezuelan Deportations CaseWhat is 'Shocking' to J.D. Vance Should Shock - and Anger - You, TooTrump Admin Wins First Alien Enemies Act Skirmish before SCOTUS - or Did ItSCOTUS Chief Stays District Order for Alien Deported Due to 'Administrative Error'Tren de Aragua, Alien Enemies Act, and 'State Secrets Privilege'Intro MontageVoices 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".

This week’s episode of Parsing Immigration Policy discusses the Trump Administration’s use of the Alien Enemies Act (AEA), a rarely-used provision in U.S. law passed in 1798 that gives the president the authority to swiftly remove citizens of countries of wartime foes or countries who have made a “predatory incursion” into our territory. Last month, President Trump issued a proclamation invoking the AEA to apprehend, restrain, secure, and remove certain documented members of the Venezuelan prison gang Tren de Aragua (TdA).Guest host and CIS Director of Policy Studies Jessica Vaughan interviews George Fishman, CIS Senior Legal Fellow, who has been writing about the possible use of the AEA since 2023. Three main questions are highlighted during the podcast:How are individuals identified for deportations via the AEA?What legal protections do those targeted for deportation via the AEA have?Who determines whether the administration has met the statutory requirements for the AEA’s use?In her closing commentary, Vaughan discusses the recent statewide implementation of the 287(g) partnership program for immigration enforcement in Florida.HostJessica Vaughan is the Director of Policy Studies at the Center for Immigration Studies.GuestGeorge Fishman is a Senior Legal Fellow at the Center for Immigration Studies.RelatedTrump Deploys the Alien Enemies Act Against Venezuela and Tren De AraguaTren de Aragua, the Alien Enemies Act, and the ‘State Secrets Privilege’Alien Enemy Validation GuideThe 287(g) Program: Protecting Home Town and HomelandIntro MontageVoices 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 podcast, Center for Immigration Studies analysts discuss the legal and policy implications of the Mahmoud Khalil case.Khalil, a Palestinian/Syrian/Algerian green card holder, was involved in pro-Hamas protests when a graduate student on a nonimmigrant visa at Columbia University. DHS charged Khalil under Section 237(a)(4)(C) of the Immigration and Nationality Act (INA), which renders deportable any noncitizen “whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States.”CIS’s Andrew Arthur and George Fishman review the facts of the case, analyze the constitutional and legal questions of what they predict will be a potential test for future efforts to remove noncitizens who support terrorism, and offer predictions. Four main questions are highlighted:Is this a free speech case? Can a noncitizen be removed for speech or action supporting a terrorist organization?Is this a foreign policy case? How does the government define “serious adverse foreign policy consequences”?What are the judicial precedents? How will courts balance foreign policy concerns against constitutional rights?Will this case set clearer lines on what a non-citizen can and cannot do? There is a need for the law to settle the spectrum of rights that apply to a spectrum of status. Will this be the case that will provide legal clarity?As the case moves through immigration court and on to federal district court and beyond, the Center for Immigration Studies will continue providing expert analysis on its broader implications for immigration enforcement and national security.HostMark Krikorian is the Executive Director of the Center for Immigration StudiesGuestsAndrew Arthur is a Resident Fellow in Law and Policy at the Center for Immigration Studies.George Fishman is a Senior Legal Fellow at the Center for Immigration Studies.RelatedFor more analysis, see our topic page: The Case of Mahmoud KhalilIntro MontageVoices 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".

Fieldwork undertaken by the Center for Immigration Studies reveals a border now under control, offering clear evidence that the border crisis was never an unstoppable force but rather the result of policy decisions.Last week the Center sent analysts to the Border Patrol’s San Diego Sector and across the border to Tijuana, and to the El Paso Sector and across the border to Juarez. These two border sectors had some of the heaviest migrant traffic over the last few years, but now the numbers have plummeted.Center researchers Andrew Arthur and Todd Bensman join Parsing Immigration Policy to discuss what they saw and what policies are making the difference, and three tools in particular:Infrastructure – Expanded fencing and additional concertina wire have been added.Manpower – Border Patrol agents are forward-deployed, no longer being pulled off the line for processing migrants.Criminal Prosecutions – Not only are apprehended migrants no longer being released, but illegal entry is increasingly being handled as a criminal offense, with first-time illegal-crossers facing up to six months in a federal penitentiary.In his closing commentary, host Mark Krikorian, the Center’s executive director, explains the Alien Enemies Act, enacted in 1798, which is now in the headlines due to the Trump administration using it as the basis for the swift deportation of a group of Venezuelan gang members. The law can only be triggered by a declared war, an invasion, or a predatory incursion by a foreign nation or government. Its application faces legal challenges and will likely reach the Supreme Court.HostMark Krikorian is the Executive Director of the Center for Immigration StudiesGuestsAndrew Arthur is a Resident Fellow in Law and Policy at the Center for Immigration Studies.Todd Bensman is a Senior National Security Fellow at the Center for Immigration Studies.RelatedA Border 'Peace Dividend'Eye-Popping February CBP Numbers Show How the Border Has Changed under TrumpThe 225-year-old 'Alien Enemies Act' Needs to Come Out of RetirementTrump Prepares to Use of the Alien Enemies ActIntro MontageVoices 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".

The latest episode of the Center for Immigration Studies podcast series features a discussion between guest host Marguerite Telford, the Center’s Director of Communications, and Steven Camarota, the Center’s Director of Research. Camarota’s interview highlights a recently released analysis that examines the size and growth of the foreign-born population in the January Current Population Survey, the first government survey to be adjusted to better reflect the recent surge in illegal immigrants. The analysis finds that the foreign-born or immigrant population (legal and illegal together) hit 53.3 million and 15.8 percent of the total U.S. population in January 2025 — both new record highs. Telford and Camarota continue the discussion, hitting topics both in the analysis and those effected by immigration stock and flow, including population projections, employment, education levels, assimilation, and more.HostMarguerite Telford is the Director of Communications at the Center for Immigration StudiesGuestSteven Camarota is the Director of Research at the Center for Immigration Studies.RelatedForeign-Born Number and Share of U.S. Population at All-Time Highs in January 2025The Declining Education Level of Newly Arrived ImmigrantsWorking-Age, but Not Working, 1960 to 2024Intro MontageVoices 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".

This week’s episode of Parsing Immigration Policy reminds listeners of the threats that made President Trump's recent Executive Order, "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats," necessary. The Center for Immigration Studies maintains a comprehensive database detailing examples of preventable federal government vetting failures which resulted in the entry of individuals who posed a threat to national security. Todd Bensman, the Center’s national security fellow, has recently added new cases into the database, highlighting the need for the improvement of U.S. vetting processes. “The Center’s database offers valuable insights for preventing future threats,” said Bensman. “I hope this crucial tool for understanding past failures will be useful to the Trump administration’s renewed robust security vetting efforts.”Key Highlights:Purpose: The database identifies fail points in the complex immigration security screening system, providing insights for homeland security agencies and congressional overseers to strengthen future vetting processes.Analysis: Each entry includes an after-action report detailing what went wrong, offering lessons to improve future vetting procedures. Users can access all primary research materials used in the analyses.Notable Cases Highlighted: The database contains over 50 entries revealing the entry of foreign threat actors, including a Brazilian ex-police officer who had committed mass murder; a Bosnian war criminal who ran prison camps and was involved in brutal interrogations, torturing, and the killing of inmates; and an Egyptian student who was involved in a plot to bomb the Israeli embassy.Historical Context: The 9/11 attacks prompted a comprehensive overhaul of U.S. immigration vetting processes. The year 2008 was chosen as the starting date for collecting vetting failure cases on the assumption that the first series of 9/11 visa vetting reforms would have fully vested by then and because significant new process improvements were implemented that year.In his closing commentary, Mark Krikorian, the Center's executive director and podcast host, highlights President Trump's success in securing the border, achieving the lowest level of apprehensions recorded in history. Will this administration and future administrations stay vigilant?HostMark Krikorian is the Executive Director of the Center for Immigration StudiesGuestTodd Bensman is a National Security Fellow at the Center for Immigration Studies.RelatedDatabase: National Security Vetting FailuresEgyptian Student Added to CIS National Security Vetting Failures DatabaseAfghan Evacuee Added to CIS National Security Vetting DatabaseBrazilian Mass Murderer Who Slipped through U.S. Vetting Three Times Is Added to CIS DatabasePanel: A New Database of Vetting FailuresCommonplace: They Said It Couldn't Be DoneThe Greatest Mass MIgration Border Crisis in U.S. History Is OverIntro MontageVoices 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".

The latest episode of the Center for Immigration Studies podcast series features guest host Senior National Security Fellow Todd Bensman in conversation with Jaeson Jones, a leading expert on Mexican cartels and a border correspondent.This timely discussion highlights the recent designation of six Mexican drug cartels as Foreign Terrorist Organizations (FTOs) by the Trump administration and the multifaceted approach by all levels of government that this permits, allowing the U.S. to combat the cartels in sync with the Mexican government.Key topics covered include:Evolution of Mexican Cartels: Exploration of how Mexican cartels, now in 65 countries around the world, have transitioned from organized crime syndicates to parallel governments in Mexico, exhibiting extreme violence and governmental infiltration.Advocacy for FTO Designation: Discussion on Jones’ rationale for advocating for the FTO designation, emphasizing the need for enhanced legal frameworks to effectively combat the rapid and violent operations of cartels.Strategic Framework Post-Designation: Analysis of the comprehensive approach required to dismantle cartel networks, underscoring the necessity for coordinated efforts across all branches of government.Implications of FTO Status: Examination of the potential outcomes of the FTO designation, including:Revocation of visas for individuals associated with designated cartels.Inclusion of cartel affiliates on no-fly lists.Enhanced capabilities to target and seize financial assets linked to cartel operations.Addressing Fentanyl Trafficking: Strategies to combat the smuggling of fentanyl, focusing on disrupting supply chains originating from countries such as China, Pakistan, India, and Bangladesh, and addressing the corruption within Mexico that facilitates these operations.Game Changer: Prediction by Jones – With the FTO designation, the number of lives we can now save is unprecedented.In his closing commentary, Bensman highlights the recent agreement between Mexico and the United States, in which Mexico will deploy 10,000 additional troops to the border, and the United States will assist in intercepting American guns that end up in cartel hands. However, Bensman notes a lack of reliable evidence supporting the claim that most of the cartels’ firearms come from U.S. gun stores. The cartels have, for years, equipped themselves with military-grade weapons from Mexico’s own corrupt military and from the armories of corrupt officials in Central American and South American nations.HostTodd Bensman is a National Security Fellow at the Center for Immigration Studies.GuestJaeson Jones is an expert on Mexican cartels and a border correspondent.RelatedJaeson Jones WebsiteJaeson Jones on XAmerican Guns Are Not to Blame for Mexico’s Cartel ProblemIntro MontageVoices 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 the latest episode of Parsing Immigration Policy, Victor Davis Hanson, a Hoover Institution fellow, discusses the changes in U.S. immigration policy under President Trump with Mark Krikorian, the Center for Immigration Studies’ executive director. The discussion begins with acknowledging how the political landscape for Trump 2.0 differs greatly from the first Trump administration, giving President Trump maneuvering room to make major immigration policy changes.Key topics include:Border Enforcement & Deportation:A comparison of President Trump’s 2021 and 2025 immigration policies.The wisdom of Trump’s “worst first” deportation strategy.Over the last four years the composition of the illegal immigration population has changed to include a larger number of nationalities besides Mexicans. Will this weaken the cohesive lobbying effort to fight deportations?Birthright Citizenship & Legal Challenges:Trump’s executive order addressing birthright citizenship.Predictions on the potential Supreme Court battle and legislative efforts.U.S.-Mexico Relations & Economic Impact:Mexico’s shifting stance on immigration.Mexican public opinion turns against mass migration.Trump’s potential tariff and remittance restrictions as leverage.Immigration & Fertility Rates:Declining U.S. birth rates and state-level trends.Can immigration raise the national fertility rate and achieve replacement level?Immigration’s impact on native fertility.In his closing commentary, Mark Krikorian, the podcast host, highlights a new Center report, The Declining Education Level of Newly Arrived Immigrants, which finds a decline in the education level of newly arrived (the past three years) immigrants. The decline, which added greatly to the low-income population, is in stark contrast to the steady improvement in the education level in the years prior to the border surge.HostMark Krikorian is the Executive Director of the Center for Immigration Studies.GuestVictor Davis Hanson is a Fellow at the Hoover Institution.RelatedVictorHanson.comTrump Issues Birthright Citizenship Executive OrderThe Declining Education Level of Newly Arrived ImmigrantsIntro MontageVoices 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".