For 4 years, from 2009 to 2013, Alejandro Mayorkas was the Director of U.S. Citizenship and Immigration Services (USCIS). This was not a glamor position highly coveted in government. It meant taking over a portion of the former INS which was split into three parts and moved to the Department of Homeland Security in 2003. Two of the parts, Immigration and Customs Enforcement and Customs and Border Protection, were the law enforcement portions of the former INS, while USCIS was…

In this blog, I have written a lot about the visa waiver program – on September 26, 2010,  October 31, 2010, January 16, 2011, and January 29, 2011  – and written other places, such on the ILW website  and the now defunct Immigration Law Today magazine.  I have also litigated the issue. The conclusion from all this writing and analysis is that for six years aliens and attorneys have been on notice, at least in the the 9th Circuit, that when…