Keeping U.S. immigration free of favoritism and political influence has not been easy over the decades.
In March 2015, an inspector general with the Department of Homeland Security found problems with the way EB-5 visas were given to three well-connected foreign investors. The watchdog blamed Alejandro Mayorkas, deputy secretary at DHS, for intervening in the visa cases because the foreign investors had ties to prominent Democrats.
The EB-5 visa permits foreigners to live permanently in the United States with their spouse and children if they invest $500,000 to $1 million in projects or business that create jobs for U.S. citizens. Those who receive the visas can become legal permanent residents and get green cards after two years, then transition to American citizenship.
Inspector General John Roth released a 99-page report that accused Mayorkas of giving preferential treatment to three of the foreign investors. One of them had ties to Hillary Rodham Clinton and Virginia Gov. Terry McAuliffe, another had ties to former Pennsylvania Gov. Ed Rendell and the third ties to Senate Democratic Leader Harry Reid of Nevada.
Mayorkas has been a prominent member of the Democratic Party and served under President Bill Clinton as well as President Obama. According to the report, Mayorkas did not intervene in similar cases that were not tied to high-profile Democrats.
“While I disagree with the Inspector General’s report, I will certainly learn from it and from this process,” Mayorkas said in response to the report.
“I appreciate and embrace Secretary Jeh Johnson’s decision to create a new protocol to ensure the EB-5 program is free from the reality or perception of improper outside influence.
“As the leader of U.S. Citizenship and Immigrations Services, I had the responsibility to ensure that cases, including the three that are the focus of the report, were decided as the law required and that agency errors were corrected. I fulfilled that responsibility and I also took steps to ensure that my involvement was understood by those around me.
“The EB-5 program was badly broken when I arrived at USCIS. There was erroneous decision-making and insufficient security vetting of cases. I could not and did not turn my back on my responsibility to address those grave problems. I made improving the program a priority and I did so in a hands-on manner, through cases, policies, and sweeping personnel and organizational changes.”
The White House acknowledged problems with the EB-5 program but did not blame Mayorkas for showing favoritism.
DHS Secretary Jeh Johnson stood behind Mayorkas and said the agency would work to tighten up the EB-5 program and improve its management.
“I have known Alejandro Mayorkas since I was first nominated in the fall of 2013 to be Secretary of Homeland Security. I work with him virtually every day,” Johnson said. “I know Ali to be an exceptionally conscientious, honest and patriotic public official. Like me, he is often impatient with our sluggish government bureaucracy, can at times be very hands-on in resolving issues and problems that are brought to his personal attention, and is always mindful that we are public servants.
“Ali works hard to do the right thing, and never acts, in my observation, for reasons of personal advancement or aggrandizement. These personal attributes are reflected in the Inspector General’s report.”
Johnson said his agency would learn from the unsettling perceptions raised by the inspector general’s report and develop improved rules for managing the EB-5 program.
“I believe there are lessons to be learned from the Inspector General’s report – by Ali, and all of us who are leaders in public service. Each of us in leadership must be mindful that, when we become involved in individual matters that happen to reach our desk, we risk the appearance of preferential treatment and the suspicion of our subordinates,” Johnson said. “As public servants, we must maintain the trust and confidence of all those around us, and be above reproach. I have discussed this with Deputy Secretary Mayorkas and I am confident he understands this. “Finally, as a separate matter, though the EB-5 program is a popular tool for economic development and investment in this country, I have ongoing concerns about the program. Officials of this Department are constantly contacted by outsiders – including Members of Congress of both parties –on behalf of those with an interest in the outcome of a particular EB-5 case. It has been Deputy Secretary Mayorkas himself, when he was Director of USCIS, who did much to strengthen the integrity of the program. We need to go further. I am directing the creation of a new protocol to ensure that the EB-5 program is free from the reality or perception of improper outside influence. I have asked the Department’s General Counsel, in consultation with USCIS officials who administer the EB-5 program, to develop such a protocol for my approval.”
I also ask again for Congress’ help. In the past, this Department has sought unsuccessfully from Congress a number of statutory enhancements to the program’s integrity, including added legal discretion to deny or revoke cases when necessary, authority to exclude people with criminal backgrounds from participating in EB-5 regional centers, and authority to require regional centers to certify compliance with our securities laws. The EB-5 regional center program is up for statutory renewal again this year. I urge Congress to work with the Department to strengthen the security and integrity of the program.”