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By Michael Cutler/retired INS Senior Special Agent.


The Senate bill (S. 744) that would have created Comprehensive Immigration Reform was defeated in the last session of Congress. 

The media played up the fact that the Americans who opposed that disastrous legislation “won.”  Most so-called “journalists” noted that the “victory” belonged to the “Anti-Immigrant” groups.  Of course it is anything but “Anti-Immigrant” to oppose the implementation of a massive program that would provide unknown millions of illegal aliens with lawful status and the official identity documents that would attest to their having been provided with such status. 

The point is that the numbers of such aliens would be so huge that no in-person interviews would have been possible, nor would there have been any way to conduct field investigations into the truthfulness of the information contained in the applications.  Commonsense alone should have made it clear to all that this would undermine national security- however, there are two documents that provide additional support for these well-founded concerns, the “9/11 Commission Report” and the “9/11 Commission Staff Report on Terrorist Travel.” Remarkably, those important reports that were written in the wake of the terrorist attacks of September 11, 2001 are never mentioned in the media and rarely by our politicians in Washington or elsewhere, for that matter. 

The immigration laws take a balanced approach to immigration- establishing the categories of aliens who should be denied entry into the United States because they would pose a threat to national security, public safety and/or the jobs of American workers.  Those laws also establish the basis by which aliens should be deported (removed) from the United States.  However, those laws also provide for the lawful immigration of aliens, as I noted above, and also permit tens of millions of nonimmigrant aliens to enter the United States for various lawful purposes.  In point of fact, those who favor the enforcement of the immigration laws understand that the laws take a balanced approach and far from being “Anti-Immigrant” are simply “Pro-Enforcement.” 

Obviously it was significant that the catastrophic legislation known as Comprehensive Immigration Reform was not enacted, however, once again, Obama has taken to using his phone and his pen to make certain that the immigration laws that are already on the books are ignored by the employees of the DHS (Department of Homeland Surrender) thereby creating opportunities for criminals and terrorists to enter the United States and embed themselves in towns and cities across the United States. 

Aliens who enter the United States, it must be pointed out, do not just enter the United States by running the border that is supposed to separate the United States from Mexico, they also run the border that is supposed to separate the United States from Canada.  They stow away on ships or enter the United States as crew members on ships and then “jump ship,” meaning that they illegally leave those ships thereby becoming a part of the rapidly growing population of illegal aliens who are present in the United States. 

Other aliens are lawfully admitted into the United States through the inspections process conducted at ports of entry by CBP (Customs and Border Protection) Inspectors and then, in one way or another, violate the terms of their admission into the United States by remaining after their authorized period of admission has expired, illegally working, failing to attend a school for which they were admitted to attend or being convicted of committing crimes in the United States. 

On March 19, 2002 I testified before the House Subcommittee on Immigration, Border Security and Claims on March 19, 2002 on the topic:


It is well worth watching that C-SPAN video of the hearing that was conducted more than a decade ago as a result of a major screw up by our government in the wake of the worst terror attack ever carried out on America.  It is astounding, beyond words, that just about every goal that the then commissioner of the INS (Immigration and Naturalization Service) who also participated in that hearing, promised would be effectively achieved within months have still not been implemented. 

On May 11, 2006 I testified before the House Subcommittee on Oversight and Investigations of the Committee on International Relations on the topic: 


In May, 2010 I was interviewed by CNN’s Casey Wian for a report that was titled, “Tracking Down Visa Violators.”

On May 10, 2010 I was interviewed by Daniel Gonzalez, a reporter with the Arizona Republic for an news report titled:

“U.S. not cracking down on immigrants with expired visas.”  

In fact, on September 10, 2012 Californians for Population Stabilization (CAPS) posted my commentary: 

Problems still abound in student visa program  

My commentary is based on an article that appeared in Government Executive Magazine on July 18, 2012.  In fact, the title for that article serves as the title for my commentary.  The Government Executive Magazine article was itself predicated on a GAO report that was issued in June 2012 and bore the title: 

“STUDENT AND EXCHANGE VISITOR  PROGRAM: DHS Needs to Assess Risks and Strengthen Oversight Functions”

More to come in my follow up article, “Terrorist Assistance and Facilitation Act”.


(Michael W. Cutler is a retired INS Senior Special Agent. His career with the INS spanned some 30 years. He has provided expert witness testimony at more than a dozen Congressional hearings and testimony to the 9/11 Commission, and state legislative hearings across the country where immigration is at issue. He is a Senior Fellow at CAPS (Californians for Population Stabilization) where his articles focus on border security and immigration issues especially where they impact national security, community safety, the economy and a host of other issues. He can be reached through his website; )