• The US: A Nation Of Immigrants With a Bad Immigration Policy

    August 2, 2017 // 7 Comments »



     immigration good for the United States? Mostly yes, but sometimes no. But that’s the wrong question to ask, so try this one: is the policy, law, and regulation of immigration haphazard at best and clearly not serving the nation’s needs? Absolutely.

    That America is a nation of immigrants is far from a trope; no other nation on earth has been so formed by immigration, from its national myths to the hard core realization of its industrial revolution to its current draw of immigrants, from the most highly-skilled to the most unskilled, from around the globe.

    At the same time, no other nation so intertwined with immigration has as ambivalent attitude toward it as expressed through law and policy, and no other nation whose economy is intimately tied to immigration has a set of laws so seemingly divorced from that. America, at best, jerks forward and backward on immigration issues based on often largely uninformed thought, at times racist emotion and good old political pandering.

    Let’s take a deep dive into the way American immigration currently works, its benefits and pitfalls, and what might be done to maximize those benefits and avoid the worst of the pitfalls.

    What is the State of Immigration Today?

    Immigrants are those seeking, legally or not, to live permanently in the U.S. There are also non-immigrants, persons such as temporary workers (from the unauthorized agricultural worker to the skilled H1-B programmer), as well as students, and the like.

    But nothing seems to dominate the American political mind more than undocumented immigration (or maybe terrorism, but even that is often conflated with immigration issues.) From Candidate Trump planning to build a wall on the Mexican border, to Candidate Clinton offering various legislative schemes to immigration-savvy Hispanic voters, the topic is very much a part of the American conversation.

    Conservatives seize on every violent crime report that features an undocumented immigrant perpetrator, while liberals point to immigration’s economic benefits and the humanitarian aspects of united families. Pretty much everyone chokes up to see new immigrants become citizens in front of the flag.

    Under the current way, immigration works in America, people arrive via three main streams: undocumented immigrants, legal immigrants joining family members, and legal skilled workers. The latter two categories are also known as Green Card holders, or Legal Permanent Residents (LPRs). Most will upgrade to full-on U.S. citizens. There are also those who immigrate by winning the visa lottery, refugees, legal semi-skilled workers, and other niche sub-categories.

    Let’s take a look at each of the three main streams delivering immigrants to the United States.

    Undocumented Immigrants in the United States

    A huge hole in any discussion of undocumented immigrants is no one knows how many of them there are. Intelligent estimates range from 11-20 million, quite a spread, especially given the very vague math behind the accounting. And even the low estimates seem, well, high. Between 1880 and 1930, the magical Ellis Island period of nearly unfettered immigration into the U.S., the total intake over 50 years was 27 million people.

    The walk-ins, mostly Mexicans, make up about half of America’s undocumented immigrants. Something like 40% of soon-to-be undocumented immigrants in the U.S. enter legally, on tourist and student visas, and then simply stay. But the lack of any comprehensiveness tracking system means nobody can be too sure.

    And because the group is indeed undocumented, who they are is also unknown. How many will work at all, how many will take low-level jobs and how many will move into well-paid positions and possibly seek legal status at some point is tough to sort out. In Florida, a neat number are older Brits settled into the sunny retirement communities there. Undocumented people self-select to come to the U.S., and so there is no sorting out of things, no connection to America’s economic and job needs.

    Keep an eye on that last sentence, about no connections to America’s economic needs, as we turn to family reunification-based immigration.

    Family-Based Immigration to the United States

    The second stream of immigrants into the United States are persons legally entering under America’s family reunification laws; the process accounts for about two-thirds or more of all lawful immigration to the U.S. every year. American citizens and Legal Permanent Residents can apply to bring their relatives to the U.S., to include in one way or another (the categories can be complicated) foreign spouses, unmarried children, parents, adopted children, fiancées of American citizens, married sons, married daughters, and brothers and sisters of adult U.S. citizens.

    Family reunification has long been the cornerstone of American immigration policy. Many early immigrants to America, particularly those fleeing religious or political persecution in their homelands, migrated as families. In subsequent centuries, a head of household often came first to the new land and later sent for his family. Prior to 1965, when the current family reunification law was first codified, the timeliness of family reunification in the U.S. depended almost entirely on how long it took for this first family member to secure a job and raise enough money for his spouse and children.

    The family reunification system was and is still largely based on immigrants applying for other immigrants. Immigrants from countries that send a lot of people to the U.S. later bring more people from those same places in. Thus Mexico, the Philippines, China, India and the Dominican Republic dominate the current immigrant pool in a kind of statistical snowball.

    But at least families can get together, right?

    Wrong. Because of that snowball effect, and because Congress places numerical limits on the number of most family reunification-based immigrants, the waiting lines grow exponentially. Over the years Congress was pressed into creating country-by-country limits for the most robust sending nations. Those limits have become unmanageable under the first-come, first-served system. The most-backed up is the processing of siblings of American citizens from the Philippines. That process is now only taking those applications (“priority date”) first filed in 1992. Applicants literally pass away waiting for their turn.

    The family reunification system, which once made sense in a growing nation anxious for workers of all kinds, now represents something of a 19th-century legal hangover. Because the only qualification is that family tie, America gets the loser drunk uncles alongside the brilliant sister physicists. It’s a crap shoot. There is no sorting out of things, no connection to America’s economic and job needs.

    Now keep an eye on that last sentence, about no connections to America’s economic needs, as we turn to skills-based immigration.

    Highly Skilled Immigrants in the United States

    Immigration based solely on skills is the smallest stream of legal entries into the United States. While some 140,000 persons enter yearly under this overall umbrella (by comparison, the U.S. admits about 70,000 refugees each year), only about half of those fall squarely under what can be considered highly-skilled categories (keep in mind we are discussing immigrant visas, Green Cards, that allow permanent residency and employment in the U.S., and not more well-known non-immigrant, temporary, visas such as the H1-B. There are, for example, some 700,000 H1-B visa holders in the United States at present, a guesstimated 20% of the IT workforce alone.)

    Aside from the highly-skilled immigrants, employment-based immigration still for some reason retains a category for unskilled workers, another for those whose jobs require less than two years training, and one for those whose work only requires an undergraduate degree. Like all permanent working immigration, those categories are numerically limited by law (with additional limits for Chinese, Indian, Mexican and Philippine citizens.) While the numbers of un- or semi-skilled worker immigrants are small, that such categories exist at all in 2016 (priority date backlogs mean that cases currently being processing were first filed in 2003; what business can wait 13 years for an unskilled worker to arrive?) and in the face of large numbers of undocumented immigrants already in the U.S., explains much about the unfocused nature of America’s immigration policy.

    The tighter numerical limits on some countries, especially China and India, are designed to make the system “fair” by leaving room for immigrants from other places, and have no connection to the higher standards of education, and thus presumably higher quality workers, there. So an especially gifted Chinese programmer must wait her turn to allow a mediocre photographer from Spain in first.

    Across the spectrum of work-based immigration, almost no mind is paid to what skills the immigrants bring to the U.S. Unlike countries such as Canada and Australia that use “point based” systems to try and prioritize those with especially needed skills, the U.S. requires only that its work-based immigrants be skilled, at well, something. And then they get in line, first-come, first-served.

    No need to add that line about no connection to America’s economic needs again, right? You get the picture by now.

    Is Immigration Good for America?

    The answer is pretty much a clear yes. Always has been. Easy to imagine it always will.

    America’s 19th-century industrial revolution could not have happened without the influx of workers into the nation. Cities such as New York were built literally by hand by early Irish and Italian immigrants, who brought strong backs and ready skills in with them. Scandinavian immigrants settled the vast northern territories of the U.S., adapting their home agricultural techniques to cold lands most existing American farmers weren’t sure what to do with. Chinese immigrant labor built the great railroads of the West.

    Do we really need another list of famous immigrants and their contributions? Albert Einstein, Joseph Pulitzer, Intel founder Andy Grove, Google creator Sergey Brin, Yahoo’s Jerry Yang, Secretaries of State Henry Kissinger and Madeleine Albright, along with Bruce Willis, Arnold Schwarzenegger, Neil Young, David Bowie, Tracey Ullman and Mario Andretti. Pick any field and you’ll find within it significant achievements by immigrants, and their sons and daughters.

    Economic Benefits of Immigration

    Immigration is infrastructure. Every person who brings his/her skills and labor contributes to the growth of the United States. Each of those persons who acquired his/her skills abroad did so at no cost to the U.S., and each of those people making a contribution inside America improves the nation’s competitive level at the expense of the losing country — the brain drain from one, the brain gain to the other. In a 21st century global economy, that represents a significant advantage to nations that understand infrastructure is much more than bricks and mortar. It’s brains.

    Economically, immigrants broadly (many studies are unable or uninterested in parsing out who is undocumented and who is legal) represent a significant presence at nearly all strata of America society. Some 46 percent of immigrants work in traditionally white-collar positions. And while immigrants only make up 16 percent of the workforce in general, they make up over 20 percent of dental, nursing and health aides, and double-digit numbers of all software developers.

    While immigrants on average initially make less than their native-born peers, in many communities all family members are expected to work and pool their incomes. The percentage of immigrants below the poverty line, at 20%, is only slightly higher than the national average of 16%. No data is available, however, as to how long immigrants remain below the poverty line, as compared to citizens.

    Immigrants also show a greater entrepreneurial spirit than many native-born Americans. In a 2012 report, the Partnership for a New American Economy notes “over the last 15 years, while native-born Americans have become less likely to start a business, immigrants have steadily picked up the slack. Immigrants are now more than twice as likely as the native-born to start a business and were responsible for more than one in every four U.S. businesses founded in 2011, significantly outpacing their share of the population.”

    Immigrant-owned businesses in the U.S. generate more than $775 billion in sales and pay out more than $126 billion in payroll each year. There are also hefty tax payments alongside all that money. One in every 10 workers at privately owned U.S. businesses works at an immigrant-owned company. Altogether, immigrant-owned businesses collectively created four million of the jobs that exist today in the United States. And much of that economic growth comes from exports, as immigrant-owned businesses are 60% more likely to export than non-immigrant businesses. Who better than a Guatemalan expat to sell U.S. goods in Guatemala? And of course, exports are a major plus for an economy, pulling foreign money in.

    Immigrants and their children founded 40 percent of Fortune 500 companies, which collectively generated $4.2 trillion in revenue in 2010, more than the GDP than of every country in the world except the United States, China, and Japan. A little less than 20 percent of the newest Fortune 500 companies – those founded over the 25-year period between 1985 and 2010 – have an immigrant founder. Those whose concepts of immigration are based on images of fruit pickers think far too small.

    Does Undocumented Immigrants Bring Economic Benefits?

    Undocumented immigrants and the American payroll and tax system create an odd windfall for Social Security, paying an estimated $13 billion a year in social security taxes and only getting around $1 billion back, according to the chief actuary of the Social Security Administration (SSA).

    As most undocumented workers who are not paid under the table lack legal Social Security numbers but still need to fill out tax forms for their employers, many/most use fake or expired social security numbers. The money comes out of their paychecks and is sent off to SSA, and is seen by the workers as a cost of their new life in America. As the social security numbers are bogus, no one comes calling to collect benefits on them and risk exposing the fraud. The SSA estimates unauthorized workers paid $100 billion into Social Security over the past decade.

    Those same undocumented immigrants pay almost $12 billion in federal, state and local taxes. Tax contributions from ranged from less than $3.2 million in Montana with an estimated undocumented population of 6,000 to more than $3.2 billion in California with more than 3.1 million. It is one thing to cheat on immigration law, quite another to try and escape the tax man. Not convinced? Roll into any large immigrant neighbor in the Spring to see tax preparation services popping up alongside the small groceries and ethnic restaurants.

    People paying taxes is good. Social Security can always use more money. New businesses are good for business. Jobs create jobs. Employed people spend money in their communities. Exports make America stronger.

    If you’re still not sure about immigration, imagine some sort of immigration Rapture, right out of the television show The Leftovers, where one day every immigrant to the U.S. magically disappears. Look at the money above, and imagine the economy without it. Look at the jobs that would no longer exist or be created in the future, and impact on our health care system of the loss of workers, the children who would no longer be paying tuition at colleges, and the loss of cultural diversity. Any argument against immigration needs to begin by negating all of the above, in dollars and cents.

    Indeed, if immigration to the U.S. did not exist, it would be necessary to (re)create it.

    Is Immigration Bad for America?

    Most arguments against immigration rely more on emotion than data, and always have.

    Looking back into America’s past, each successive wave of immigrants was demonized by the preceding ones, or criticized with old world prejudices carried over along with the luggage. And so cheap Italian labor was going to take away jobs from people who a decade earlier were going to take away jobs from whomever got there first. Jews coming to America ran into anti-Semitism reminiscent of Eastern Europe, likely practiced by some of the same people from home who just had gotten on a earlier boat. During the World Wars German saboteurs were the scary boogie men jihadists of their day. None of these things makes for a very strong anti-immigration argument.

    That said, immigration as it stands now in America, where the largest numbers of newcomers are undocumented people from Mexico and Central America, clearly does hold down wages and fill up the lowest level jobs. That large numbers of such immigrants are clustered in border states and cities like New York only adds to the problem, as the burden is not spread anywhere close to equally. To counter, however, critics point to the unanswerable question of how many of those jobs would be taken by Americans without a substantial increase in the minimum wage.

    One area where wage suppression seems a clear concern is in the tech industry, where a Green Card is often offered as a form of compensation in lieu of a better salary. Many immigrants from the tech industry first arrive in the U.S. via temporary H1-B working visas. In return for accepting lower than market salaries, their companies sponsor them for permanent status. Once in possession of a Green Card, the worker may move on, to be replaced by a new H1-B person from abroad.

    Immigrants, legal and otherwise, do send money “home” and always have, money that is pulled out of the host economy. Globally, India is the top recipient of such remittances at about $72.2 billion, followed by China with $63.9 billion and the Philippines at $29.7 billion. The money flow is so important to economies such as the Philippines that the government established the Philippine Overseas Employment Administration to manage the flow of workers out, and money back in. The World Bank estimates the real size of remittances is actually “significantly larger” than recorded as there are unrecorded flows through the formal and informal sectors.

    Note that those are worldwide numbers, for all Indians working away from home all across the globe. The outflow directly from the United States is harder to establish, though Mexico, with the majority of its overseas workers in the U.S., receives $24 billion a year in such remittances. It is also difficult to know who is sending the money; the remittance businesses don’t ask if the sender is a citizen, a legal immigrant or undocumented.

    No one can argue that large sums of money leaving the U.S. is a good thing, but one can also argue that money earned belongs to the worker to do with as s/he chooses. And of course many wealthy Americans export significant sums to avoid taxes or as investments, never mind American corporations who offshore their profits to bypass U.S. taxes.

    Immigrants in general, and illegal immigrants specifically, do add to the costs of public education in the United States. The 1982 Supreme Court case Plyler v. Doe struck down a state statute denying funding for education to undocumented immigrant children and simultaneously struck down a municipal school district’s attempt to charge such children an annual $1,000 tuition fee to compensate for the lost state funding. The ruling made clear states can’t deny free public education to its children on the grounds of their immigration status. For communities where large numbers of immigrants arrive seasonally to do agricultural work, are paid under the table, and thus do not contribute in taxes, this can be a significant financial burden.

    The collection of welfare, food stamps (now known as the Supplemental Nutritional Assistance Program, or SNAP) and other social programs by immigrants is a touch-point issue for persons opposed to immigration. One study showed the welfare payout to all immigrant-headed households, legal and illegal, was an average of $6,241, compared to the $4,431 received by a citizen households. Unexamined in that data are the questions of which of those benefits were earned, such as Medicaid, by working people, and which went to the American citizen children of immigrants. As citizens, those children are fully entitled to the same things offered to any American, no matter the status of their parents. The dollar amounts alone do not answer the question asked.

    Food stamps are not available to non-U.S. citizens, with exceptions for some refugees, the disabled, the very old and the very young, what all but the most cynical would consider a humanitarian necessity. Critics, however, point to the easy availability of fake citizenship documentation and suggest persons not legally entitled to SNAP receive it anyway. Some no doubt do, but no one has any hard numbers on the problem.

    Alongside the social benefits arguments, critics of immigration point to crimes committed by illegal immigrants. Statistics do not, however, support this argument per se, but the money side of the issue does sting.

    According to Department of Justice, some 14 percent of federal prison inmates are illegal immigrants, though many locked up only for immigration violations. In state prisons, illegal immigrants account for less than five percent of all inmates. Some argue that without illegal immigrants present in the U.S., none of those crimes would have been committed at all, and none of the prison costs would have been paid. A study done in 2010 estimated administration of justice costs at the federal level related to criminal immigrants at $7.8 billion annually. The comparable cost to state and local governments was $8.7 billion.

    Lastly, any accounting of the burden immigrants place on American society should include the $18 billion spent annually by the federal government on immigration enforcement.

    The State of Immigration in Other Countries

    Comparing immigration among various countries is very difficult, as policy is deeply tied to each nation’s history and culture. What works in one country has no business in another, and it is hard to find a place where immigration plays anywhere near the role it does in the United States.

    That said, Old Europe may offer some lessons in how to get thing mostly wrong. Old prejudices and young idealism seem to control views on immigration, and centuries of homogeneity, driven by established culture, language and stable borders, make assimilation tough. Few economies are expanding beyond the professionals produced domestically anyway, and much of the true immigration debate is tangled up in lurching refugee policies, themselves often driven by outside forces, such as American pressure to “deal with” the Syrian crisis.

    Japan is an especially egregious example of dysfunctional immigration policy, essentially one of no legal immigration at all. Despite declining birthrates and soaring numbers of the elderly such that the country is experiencing a shortage of workers, prejudice toward outsiders dating back hundreds of years or more stops discussion of an obvious solution: bring in new blood from abroad. Instead, Japan delays some obviously approaching day of reckoning with the idea that robots will fill in the labor gap.

    Another interesting case is China. With an expanding economy, China has first looked internally to its large population. As high tech needs grow, the nation has essentially created a hybrid class of immigrants, Chinese educated abroad who are convinced to leave jobs in the U.S. and Europe to return home. While not immigrants per se, these Chinese bring a mix of foreign education and diversity typically only available through traditional immigration. Plus there are little-to-no assimilation issues. India has similar options available.

    Overall, while terms like “good” and “bad” can be seen as relative, as best we can tell, the benefits of immigration to the United States outweigh any negatives. Add them up yourself.

    The “Hypothetical Immigration” Reform

    Immigration per se is hard to argue against. The preponderance of evidence over decades points to the nation-changing economic, cultural and social benefits gained by the United States. Any costs must be calculated, as in any business situation, against the benefits.

    While immigration itself is hard to rationally argue against, it is equally hard to argue against the need to reform immigration policy (some might say “create a policy” instead of accepting the de facto one that has evolved on its own.)

    If the goal is to enhance the benefits to the U.S. of immigration while lowering the costs, the present system fails so badly that it remains a miracle that any good comes out of it at all. The working/skills based immigrants are untethered to America’s economic needs, the family-based system is backlogged and make little sense in the 21st century, and no one even knows how many undocumented immigrants are in the U.S. or what they are doing.

    So What Do We Do To Fix Immigration in the US? 

    Anyone, candidate for office or otherwise, who tells you s/he has pat solutions to America’s immigration situation is lying, misinformed or simply pushing some political position. And yes, yes, any proposed change will be difficult, costly, time-consuming, impossible to get through Congress (the last comprehensive immigration reform, absent all the security-related legislation post-9/11, took place in 1986). So, if it is easier to swallow, think of the following as a kind of thought experiment, a pie-in-the-sky wish list.

    Here are some ways things that might change.

    – America must move away from its over-emphasis on family-based immigration, especially for categories such as siblings and adult children that are so backed up as to be meaningless. The system may have been the right thing at the right time in the 19th and early 20th centuries, but it is long past its over-due date here in the 21st.

    – Whatever the current work/skills immigration system is based on, it should be remade into a points system directly tied to American economic needs. Skills needed in the economy should be assigned points to be matched up with applicants. Need electrical engineers more than web developers? Prioritize. Change the priorities as often as needed, and move resources from the family-based side to the skills side so that cases are processed fast enough that demand and supply match up. Adjust the intake so as not to disadvantage existing workers.

    – Better data. How can one work on a problem that is not actually understood? How many undocumented immigrants are there, where do they come from, what do they do when they are here, how much do they pay in taxes and Social Security, and how much do they draw out via social programs? In addition to the big unknowns, in nearly every instance where “facts” are available, data that supports immigration comes from pro-immigration groups’ research, and the opposite for “negative” information. Fully objective data is nearly impossible to find, and parsing out all of the statistical anomalies and bad scholarship is very difficult.

    – Reform immigration record keeping. One under-discussed problem in collecting data on undocumented immigrants is the determination of who is and is not “illegal.” U.S. immigration law takes up more shelf space than federal income tax law, and in many ways is more complex. For example, if you were stopped and told to prove your citizenship by a police officer, exactly how would you do that? The only iron-clad documents that prove citizenship are a U.S. passport or travel card, a Certificate of Naturalization, or a bona fide U.S. birth certificate. Few people carry those around, and fewer law enforcement personnel can tell a real one from a good fake. There is no national database of citizens and Americans resist a national ID card in favor of a pastiche of driver’s licenses and ragged cardboard Social Security cards. Green Cards are issued for life, and some old timers have one with a photo of their twenty-five-year-old self on it.

    As another example, student visas are valid for the period of time the bearer remains in full-time education. In theory, assuming no departures from the U.S., a teenager could be legally given a student visa for four years of high school, that she used for another four years of undergraduate education, followed by three years of grad school, followed by a work-study period of employment, followed by a 90-day grace period until required departure. It is all legal, but sorting that out roadside is near impossible.

    – Trump’s hyperbole aside, America does need some sort of effective border control. It is clear that large numbers of people are able to simply walk in. That “policy” is no policy.

    The State Department issued some 12 million non-immigrant visas (student, tourist) in 2015. Most visas are valid for five years, meaning there are some 60 million of them out there at any one time. In addition, citizens of 38 countries, such as Canada, Japan and Britain, can enter the U.S. for tourism or business without visas.

    Altogether, as an example, during 2011 alone, there were 159 million non-immigrant admissions to the United States, visa and visa-free. No one knows where they are. Presumably most returned home, but, since the United States stands alone among industrialized nations (travelers in the Schengen zone are an exception) in having no outbound/exit immigration control, no one knows. Various programs are in evolution, but almost all involve the airlines gathering data when people fly, instead of making an inherently governmental process the business of the government.

    Student visa holders are only tracked by their schools, who report to the Department of Homeland Security. As one can imagine, Harvard and Ohio State take this job seriously, the Podunk School of Cosmetology less so.

    – If, and only if, all that gets done, an amnesty to reset things seems justified, and will allow the U.S. to better judge the status of its reformed immigration policies.

    – Finally, outside of legislation and regulation, it is time for America to move past the angry falsehoods and full-on hate that drives too much of the conversation on immigration. Same for the myths that immigration is so enshrined in the American story as to be untouchable. The questions to answer and the problems to solve are with us. We need to get down to it.



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    Posted in Embassy/State, Trump

    State Department: Is America’s Oldest Cabinet Agency Trumped?

    March 14, 2017 // 4 Comments »


    What if it’s not incompetence? What if it is by design? What if President Donald Trump has decided American doesn’t really need a Department of State and if he can’t get away with closing it down, he can disable and defund it?

    The only problem is Trump will quickly find out he’ll have to reluctantly keep a few lights on at Foggy Bottom.

    Things do not look good for State. There were no press briefings between Trump taking office on January 20 and some irregular gatherings beginning in early March. Secretary of State Rex Tillerson wasn’t seen at several White House meetings where foreign leaders were present, and has taken only two very short trips abroad. Of the 13 sets of official remarks he has given, 10 have been perfunctory messages to countries on their national days, with one speech to his own employees. Sources inside State say he is nowhere to be seen around the building, either in person or bureaucratically via tasking orders and demands for briefings.

    Meanwhile, President Trump has proposed a devastating 37% cut to State’s tiny budget, already only about one percent of Federal spending.

    And as if that isn’t bad enough, the Trump administration has left a large number of the 64 special representative and other “speciality” positions empty. Tillerson already laid off a number of his own staff. Add in a Federal-wide hiring ban, and the only good news at Foggy Bottom is that it’s no longer hard to find a seat in the cafeteria.

    The original concerns around State that Trump’s transition was in chaos seem sadly mistaken; there are too many empty slots for this to be anything but purposeful. As for Tillerson himself “Either he’s weak or he’s complicit,” one State Department official said. Neither option bodes well.

    Alongside Trump himself, State is its own worst enemy. Team Trump no doubt took careful note of the Department’s slow-walking the release of Hillary Clinton’s emails (after helping hide the existence of her private server for years), and the organization’s flexibility in allowing aide Huma Abedin to simultaneously occupy jobs inside and outside of the Department, alongside alleged quid pro quo deals related to the Clinton Foundation. Senior State officials purged in late January were closely associated with Hillary Clinton. Happens when you back the wrong horse.

    The already open wound of Benghazi festered just a bit more when a post-election Freedom of Information Act release revealed State covered up the fact the assault on the Consulate was not “under cover of protest” as the Obama administration claimed but was, in fact, “a direct breaching attack.” Never mind the leaked dissent memo aimed at Trump’s so-called Muslim ban, and the leaked memo admonishing State staffers to stop leaking.

    And what has been one of State’s public actions this February? Dropping $71,000 on silverware to entertain foreign dignitaries. An organization that will be missed by the bulk of Trump supporters this is not.

    So is this it? The end of the United States Department of State, founded alongside the republic in 1789, with Thomas Jefferson himself as its first leader?

    Maybe not. Trump will quickly find that there are several State Departments, and he’ll need to hang on to a couple of them, even if he sidelines the others.

    Most of the actions described above refer to the political State Department, the traditional organ of diplomacy that once negotiated treaties and ended wars, but more and more since 9/11 (maybe earlier) has been supplemented if not left behind by modern communications that allow presidents and other Washington policymakers to deal directly with counterparts abroad. Throw in the growing role of the military, and you end up with far too many State staffers having a lot of time on their hands even before Trump came along. The Wikileaks cables, years of State Department reporting from the field, contained as much filler and gossip as they did cogent policy advice.

    Trump can make his deep cuts in that part of State’s work and few will even notice. In some ways, no one yet has; as far back as 2012, more than one fourth of all State Department Foreign Service positions were either unfilled or filled with below-grade employees. The whole of the Foreign Service diplomatic corps is smaller than the complement aboard one aircraft carrier, and has been for some time.

    There’ll be a few functions that may need to be rolled into other parts of the government if most of State fades away: whatever refugee processing Trump allows to DHS, trade promotion to Commerce, foreign aid to perhaps DOD, all have ready homes waiting if necessary. Trump’ll need to have ambassadors abroad, not the least of which is because 30-50% of those positions are routinely handed out to rich campaign donors, banana-republic style.

    So what is left at State Trump will need to hold on to?

    Those 294 embassies and consulates abroad State operates serve a function as America’s concierge that cannot be easily replaced, and will have to be funded at some level whether Trump likes it or not.

    Dozens of other U.S. government agencies rely on State’s overseas real estate for office space and administrative support to keep their own costs down. American government VIPs traveling need someone to arrange their security, get their motorcades organized, and their hotels and receptions booked. Meetings with local officials still require on-the-ground American staff to set up. Supporting CODELS (Congressional Delegations’ visits to foreign lands) is a right of passage for State Department employees, and every Foreign Service Officer has his/her war stories to tell. While stationed in the UK, I escorted so many Important Somebody’s on shopping trips that I was snarkily labeled “Ambassador to Harrod’s Department Store” by my colleagues. Others will tell tales of pre-dawn baggage handling and VIP indiscretions that needed smoothing over.

    Never mind the logistics for a full-on presidential visit to a foreign country. No, Trump will need this side of State to stay on the payroll.

    The last part of the State Department Trump will need around one way or another is the Bureau of Consular Affairs. Consular performs the traditional government functions of assisting Americans overseas when they’re arrested, caught up in a natural disaster, or just need help with social security or a new passport.

    The big swinging bat, however, is visa issuance. Visas are what fills the American economy with tourists, Silicon Valley with engineers, and universities with foreign students. Visas are the State Department’s cash cow: in 2016 close to 11 million tourist, worker, and student visas were issued at an average fee collected of $160. That’s well over $1.7 billion in revenue in addition to the budget Congress allots State. The Bureau of Consular Affairs holds a budget surplus in reserve whose dollar amount is one of the most closely held non-national security secrets inside government.

    But in a Trumpian state of mind, what looks like a strength at Foggy Bottom might turn out to be a weakness. State fought viciously after 9/11 to hold on to consular work, even as the Bush administration sought to consolidate the consular function into the then-new Department of Homeland Security.

    State won the bureaucratic fight in 2001, but if the Trump administration really wanted to effectively wipe away most of the State Department proper, it might need to do little more than kick out the strongest (and most profitable) leg holding up the whole edifice. Like a jenga tower, Trump can pick away at the top positions for media and political points, but if he really wants to see it all fall down, he’ll attack the bottom. Watch for it; it’ll tell you how serious this fight really is.

     

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    NYT Falsely Tries to Tie Afghan Visa Problem to Trump Travel Ban (Two Aren’t Related)

    March 12, 2017 // 25 Comments »




    Here’s a NYT article that goes out of its way trying to tie the lack of Afghan Special Immigrant Visas (SIVs; for former U.S. military translators) to the Trump travel ban executive order.


    The two are not related, and it would have taken the New York Times exactly one Google worth of journalism, or even reading elsewhere on their own website, to understand that instead of publishing a misleading piece. For a newspaper claiming its work stands between us and fake news, this is just sad.


    The article includes these lines:

    — Afghans who worked for the American military and government are being told that they cannot apply for special visas to the United States, even though Afghanistan is not among the countries listed in President Trump’s new travel ban.

    — It was unclear if the visa suspension was related to the president’s new ban.

    — Officials at the International Refugee Assistance Project… said “Our worst fears are proving true.”

    — It is unclear whether the reported suspension of new applications was related to the number of available visas or to the president’s order reducing refugee intake generally, or to a combination of the two factors.

    — Afghanistan was not included in either of the president’s travel bans, but his decision to reduce the overall number of refugees accepted by the United States would affect Afghans as well.


    To be clear, the Trump travel ban and visas for Afghan translators have absolutely no connection. None.


    Afghanistan is not included in Trump’s travel ban at all. Afghans translators are not refugees under the law. Like its now-defunct sister program for Iraqi translators, the Special Immigrant Visa Program (SIV) was set up to provide immigrant visas (Green Cards) to Afghans who helped U.S. forces. Congress, not the president, sets numerical limits on how many of these visas are to be made available each year. When the limit is reached, the program goes on hiatus until next year. Congress is free at any time to expand the number of these visas available. That’s it.


    Now, how could the Times have uncovered these facts? Journalism.

    The Times could have Googled Afghan Special Immigrant Visas. That would have shown them a State Department page explaining things.

    The Times could have contacted any number of advocacy groups that also have online explainers about all this. Most competent immigration lawyers would know, too.

    The Times could have looked at its own archives from 2011.

    Or, the Times reporters on this story could have read their own website. Because elsewhere in the Times was reprinted a Reuters story that pretty much accurately explains the problem.


    That’s it, that’s really all that was necessary to publish an accurate story. But that accurate story would not have included the attempts to link the Afghan problem to Trump, which is the takeaway rocketing around the web.

    And for the haters, my own article here is not “pro-Trump.” The reason? Because the Afghan story has nothing to do with Trump.




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    Dark Threads of Immigration in America

    February 8, 2017 // 90 Comments »



    For those who say “This is not who we are,” well, look again. It all seems to be exactly who we are and have been.

    President Donald Trump’s executive order banning travelers, immigrants and refugees from seven predominantly Muslim countries is only the latest twist of dark threads that have always been present in America and its immigration policy. The executive order is not unprecedented. It is evolutionary, predictable, nearly an inevitable step.



    The Seven Targeted Countries

    Begin with the targeted countries, Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. America has bombed or used drones and special forces in six of them, and attacked the seventh with cyberwar. The Muslims there have suffered far in excess of a travel ban at the hands of America. Indeed, many of the refugees leaving those nations became refugees as a result of American war-making, often under the guise (Libya, Iraq, Syria) of “protecting” those people from an evil dictator, some Sunday morning talk show version of genocide, or a red line few outside the White House could see.

    The countries in Trump’s executive order have long been singled out for special treatment under American immigration law.

    Though Trump in his crude style talks about “extreme vetting,” such a process has been in place since the George W. Bush administration, continued under Obama, and is operating today. It has a nicer, if somewhat Orwellian name, “administrative processing.” On the list of nation affected: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. People from these nations, and a few others, go through an alternate visa processing procedure that delays their travel. The process involves various intelligence agencies vetting the traveler. Some applications are left to pend indefinitely, a de facto travel ban.

    The seven nations also were a part of the Bush-era Muslim registry, known as NSEERS.

    Trump’s seven nations also appear on an Obama-era list. That list, the equally Orwellian-named Visa Waiver Program Improvement and Terrorist Travel Prevention Act, disallows use of America’s visa-free travel program to persons who even once visited the targeted nations. So, for example, a British citizen otherwise eligible to enter the United States without a visa must instead appear for questioning at an American embassy abroad if she, for any reason, even as a journalist, stepped foot in Iran.

    That nations long-held to sponsor terrorism such as Saudi Arabia and Pakistan are not on Trump’s list is not surprising. They haven’t appeared on most of Bush’s or Obama’s lists either.



    Refugees Not Welcome

    Following Trump’s directives aimed at refugees it quickly became almost mandatory for celebrities and pundits to come up with a personal story or two about their family’s immigrant ties, and preach a bit about the Statue of Liberty and freedom.

    Left unsaid was that the number of refugees admitted to the United States is small compared to many other nations.

    The U.S. admitted a record number of Muslim refugees in 2016, some 38,901 of the nearly “>85,000 total refugees allowed into the U.S. Go back to 2006, and the total number of refugees admitted drops to under 50,000. Though there have been refugee “surges” into the United States such as Holocaust survivors following World War II (650,000 people) and the Vietnamese “boat people” (100,000) after the end of that war, Americans historically feared refugees, not welcomed them. Since 1980, the United States has accepted less than two million refugees overall, and 40 percent of those were children accompanying their refugee parent(s). The U.S. sets an annual ceiling on refugees admitted, currently 85,000. Refugee number 85,001, no matter how desperate her case, must wait until the next year.

    In contrast, among Syrians alone, Canada in 2016 took in about twice as many refugees as the United States. Some 25 percent of the entire population of Lebanon are refugees. Germany expects to admit 300,000 refugees from various nations in 2016, following close to one million in 2015.



    Discrimination by Nationality

    Following the 1965 Immigration and Naturalization Act, 8 U.S.C. 1152 Sec. 202(a)(1)(A) makes it unlawful to ban immigrants (i.e., Legal Permanent Residents, Green card holders) because of “nationality, place of birth, or place of residence.” The law however allows banning nonimmigrants such as tourists or students, as well as refugees, for almost any reason. Challenges to this are near-impossible. American courts have consistently upheld that they cannot exercise judicial reviewability over visa decisions made abroad in the specific, and more broadly, generally do not extend the protections of American law to foreigners outside the U.S. The Supreme Court has also long-acknowledged immigration law’s “plenary power” doctrine, which generally immunizes from judicial review the substantive immigration decisions of Congress and the executive branch.

    And even though legal immigrants are not banned by nationality or place of birth per se, restrictions on the number of legal immigrants from certain nations are limited to the point of near-virtual bans. For example, the restrictions are such that some Filipino and Mexican relatives of American citizens face a 24 year wait (another Orwellian term, “priority date”) for a Green card. It is not uncommon for applicants to pass away before their turn comes.



    Fear Itself

    However, the most evolutionary aspect of Trump’s executive action on immigration, and the inevitable hardening and expansion of such positions, is the underlying driver of it all: fear.

    The government of the United States, from September 12, 2001 through the present day, has constantly fanned the flames of fear of terrorism. Despite the well-known statistics of how an American here at home has a greater chance of being struck by lightning than dying in a terror act, that following 9/11 only a handful of Americans have fallen victim to acts of terror inside the United States, and despite the fact that few of any terror attacks inside the Homeland were committed by the poster child of fear, the foreign terrorist who infiltrates the U.S. specifically to do harm, Americans remain terrified.

    For over 15 years, three presidents have used fear (they called it security) as a justification for, well, nearly everything. And Americans bought the line nearly every time. Fear of the smoking gun being a mushroom cloud. Fear of terrorists slipping through the net justifying NSA spying on Americans. Fear of more terrorism justifying torture, drone attacks, leaving Guantanamo open, militarizing Africa, having us take our shoes off at the airport, not being able to bring a bottle of water on a plane, no longer being able to enter a growing range of buildings without some sort of security check and bag search, background checks, showing ID, and the No-Fly list. 30 American governors said they’d refuse to accept Syrian refugees into their states if they could.

    Trump’s use of executive orders to accomplish his immigration goals is also nothing new. Both Bush and Obama did the same. In fact, Franklin Roosevelt used an executive order to establish the World War II Japanese internment camps.



    The Ugly Truth

    Of course nothing Trump has done or has proposed regarding immigration will realistically make America safer. That is true, and it is irrelevant. Like much of the security theatre that has become normalized post-9/11, safety is not the point. Keeping fear alive and maintaining the politically-driven myth that government is on the job protecting the Homeland is what matters. Trump knows this, as did Obama and Bush.

    The ugly truth is despite the airport protests, a large number of Americans remain afraid of foreigners and want what Trump did. The ugly truth is there is unfortunately nothing here unique to the Trump era.



    BONUS: Those who focused last weekend on the two Iraqis who translated for the American military in Iraq at great risk to their lives and were detained at a New York airport may wish to read about the decades-long struggle of translators from Iraq and Afghanistan to escape those nations for fear of their lives, and the poor treatment they have received at the hands of now three administrations.


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    State Department Fixes Unfair Afghan Translator Visa Change

    March 18, 2016 // 3 Comments »

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    “No one left behind” sounds nice, but in America’s wars it usually only refers to Americans. Foreigners who risked their own and their family’s lives to help the United States are optional.


    But a small victory. After extraordinary outside pressure from Congress and veterans’ groups, the State Department agreed to undo a change to visa procedure that would have condemned even more Afghan translators to their deaths.

    The idea was that Afghans translators who loyally served the United States and who were at risk in their own country could apply for visas for themselves, their spouses and their children, to live in the U.S. These were never called refugee visas or anything that might imply our freedom war was not fully successful, but were pitched as a kind of parting gift for good work.


    And so we learn that the latest blunder in the government’s management of a special visa program for Afghan interpreters was fixed this week.

    In recent months, Afghan interpreters were told, without warning, that their visa applications were denied as a result of the way officials at the State Department were implementing a change to the eligibility criteria set by Congress. Lawmakers said that as of September 30, in order to qualify for resettlement in the United States, interpreters would need to provide evidence that they had worked for American personnel in Afghanistan for at least two years. In the past, they had to prove only one year of service.

    Inexplicably, the government began applying the two-year standard to applicants who had submitted petitions long before the rule changed. Applying laws retroactively is not how things generally work in America. Not that that stopped the State Department from unilaterally just doing that. The State decision slam dunked hundreds of the more than 10,000 applicants with pending cases.

    As they learned of State’s action, various Congressional leaders demanded change, and hauled John Kerry up to the Hill to answer for his Department’s decision. Kerry “conferred” with this underlings and this week State reversed itself, and will not apply the new rules retroactively.


    New applicants are still screwed, but then again, this is Afghanistan.


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    Tale of Two Dictators

    February 15, 2012 // 2 Comments »

    If you’re Syria’s evil dictator, Assad, the Secretary of State and her running dog UN Ambassador call you bad names. The say “your days are numbered” and that “you have lost all legitimacy.” Some Foggy Bottom lickspittal says that you are a “dead man walking,” and in a somewhat weird mix of things, refers to your country as “Pyongyang in the Levant.”

    However, if you are the dictator of Yemen, the nice one who turned a blind eye to US drone attacks in his own country and even covered up drone strikes by claiming the bombs were his own, the State Department rolls out the red carpet.

    Your dictator-in-residence status package begins with a medical visa, the travel document of choice for pro-US dictators such as the former Shah of Iran. Yemen’s thug Saleh is apparently staying at the Ritz-Carlton hotel in New York City while he gets his “medical treatment.” Subtlety is not a dictator trait.

    Better yet, the State Department treatment does not end with your visa. State will in fact cover your dictator ass even as you relax in the Ritz’ spa.

    Yemeni President Ali Abdullah Saleh is in the United States with full diplomatic immunity, Secretary of State Hillary Clinton’s legal advisor has written the Pentagon, and should not be compelled to provide sworn testimony for the Guantánamo war court. State Department Legal Advisor Harold Hongju Koh (photo above in his crazy ’70’s ‘do) wrote the letter to the Pentagon’s chief war crimes prosecutor, Army Brig. Gen. Mark Martins, opposing a request for a subpoena.

    Koh’s letter makes no mention of Saleh’s medical treatment. Rather, Koh invoked “the particular importance attached by the United States to avoiding compulsion of an oral deposition of President Saleh in view of international norms and the implications of the litigation for the Nation’s foreign relations.” He did not describe those implications in the letter.

    So, to sum up: Middle East dictators we don’t like get outed. Middle East dictators we do like live at the Ritz and are given immunity. Arab Spring cheerleaders, please make a note of this.



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    This Should Really Help Bring Tourists to the US

    January 31, 2012 // Comments Off on This Should Really Help Bring Tourists to the US

    Standing before a sun-splashed Cinderella’s castle, President Barack Obama recently called for America to become the world’s top travel destination. “America is open for business,” Obama announced at Walt Disney World near Orlando. “We want to welcome you.” Obama previously signed a long-pushed bill to establish a national tourism promotion agency that would market the United States to visitors from abroad.

    Of course, funding for a $200 million campaign slated for launch later this year comes from a $14 per person fee charged to visitors from visa-waiver countries, so the foreigns are paying for us to advertise to them, but hey, they’re on vacation, am I right?

    Anyway, this act by Homeland Security out in LA should really help:

    Two British tourists were barred from entering America after joking on Twitter that they were going to “destroy America” and “dig up Marilyn Monroe.” Leigh Van Bryan, 26, was handcuffed and kept under armed guard in a cell with Mexican drug dealers for 12 hours after landing in Los Angeles with pal Emily Bunting. The Department of Homeland Security flagged him as a potential threat when he posted an excited tweet to his pals about his forthcoming trip to Hollywood which read: “Free this week, for quick gossip/prep before I go and destroy America?”

    So, to recap:

    –Homeland Security has nothing better to do than read British tourists’ Tweets.

    –Homeland Security is unaware of sarcasm, the possibility that by Tweeting “destroy America” the British guy was unlikely to do much more than drink too much crappy beer, of course spending mucho Amero$ along the way.

    –Adding $14 to the cost of a US vacation so the US can promote tourism seems– somehow– counterproductive.

    –Our country is now run by complete idiots.

    –Some kind of Mickey Mouse joke I can’t come up with just now, ’cause see Obama was at Disney World when he made the speech.

    Thanks, and we’ll return you now to your regular blog programming as a Homeland Security Predator drone swoops into my backyard. Viva!



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    Here you go America, another snapshot of your legacy in Iraq…

    January 29, 2012 // 6 Comments »

    I received this comment to an earlier posting about the problems Iraqis who had worked for the US Military and State Department were facing obtaining Special Immigrant Visas (SIV) to flee Iraq:


    Since I started working as a TERP for US Army back in 2003, I never had a normal day of life, specially I got married in 2004. I’m always having problems with my wife and relatives. I quit in 2004 before I got married as a condition to get a wife. But since I did, I could not get a job or look for a one, because I had to keep home to be safer and my family. I could not take any more, so I decided to get back to my TERP job in 2009. I moved my family to a village outside Mosul where I’m from, which is the stronghold of al-Qaeda in Iraq. The people in this village are very savage and they are ignorant that they comment on haircut most of times. The funny thing that they do not know about my job yet. I wonder what are they gonna say and do if they did?.

    Any way I’m unemployed now as the last unit I have worked with left, and the base closed last November 2011 and I’m bleeding money on the SIV application and hard life requirements in the semi safe village I live (no power-no safe water-far school-far markets-high prices for everything as a safe zone in Mosul-no JOB). I started working on my SIV application on January 2011. Scheduled to have US Embassy in Baghdad interview January 2012 this is one year and probably I’m gonna wait another year to get the visa this is if they issued one due to million rumors we hear about delaying and cancelling visas every day. I wonder what is going to happen to me and my family the comming time?

    I think everyone understands the fear from future and unknown and the stress outcomming from it. I will leave the comment to you. Thank you very much.


    So there you go America, another snapshot of your legacy in Iraq.



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    Choosing Expediency over Morality, Again

    January 23, 2012 // Comments Off on Choosing Expediency over Morality, Again

    In late December I ran a blog post wondering if US foreign policy had been taken over by the cast of Jersey Shore, Snooki, et al, as the US seemed on the verge of granting the current dictator of Yemen, Ali Abdullah Saleh, permission to enter the US for “medical treatment.”

    Now we know Snooki must be in charge, as the US has apparently once again chosen expediency as the cornerstone of its Middle East policy. Saleh is enroute to the US as you read this.

    Iran once was America’s 51st state in the Middle East. The CIA helped overthrow one government there in 1953 and installed a monarch who bought American weapons, sold America oil and sucked up to the US. That was regime change old-school style.

    Then there was an Islamic Revolution that swept through Iran, flawed in its own right, but appealing to a people who had long been kept in line by the Shah’s security apparatus. The Shah was reviled by many of his country people and, to avoid facing their justice for his actions, fled to the US for “medical care.” (“Medical care” is what dictators say when they need to blow town; for domestic US politicians, the correct phrase is “spend more time with my family.”) Saleh had previously sought medical care in Saudi Arabia, but must have not had insurance because he left to go right back to Yemen. Apparently there are no other doctors available anywhere in the entire world now but in America.

    The Shah came to the US, Iran went wild and stormed the US Embassy in Tehran, taking US diplomats hostage. That crisis lasted 444 days, brought down the Carter Administration and messed relations in the Middle East up for pretty much forever. Memories are long in the desert, and people have a tendency to hang around in new roles. What you do today affects a lot of tomorrows, even if memories in the United States are sitcom-short.

    “It’s not over for Saleh,” said Hussein Mansoor, a protester in Sanaa. “We want him to come back to Yemen so that he is tried for his crimes.” On Saturday, lawmakers in Yemen approved a controversial law giving Saleh immunity from prosecution.

    Remember the Arab Spring Break? By accepting another non-democratic dictator formerly pals with the US for “medical care,” the US denies the events of 2011. The US has the chance to stand up for its long-term goals of supporting people who wish to throw off a dictator. Instead, it looks like we’ll let him into the US for safe haven, once again choosing expediency over morality. The image of the US among Yemenis will be nothing more than the country that gave shelter to their former dictator. US policy in the Middle East will again be clearly little more than oil and back slapping dictators who feed our counterterrorism fetish.



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