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This fact brief was originally published as an experiment to test the concepts behind fact briefs.

Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

FACT BRIEF

Did a 2015 DHS review conclude that Alejandro Mayorkas created 'an appearance of favoritism' in certain visa decisions?

Friday, December 4, 2020

By Laura Brickman

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YES

Alejandro Mayorkas, President-elect Biden's choice to lead the Department of Homeland Security in his new administration, was the subject of a 2015 internal investigation when he was a leader in the same department under the Obama administration. The DHS Inspector-General found that Mayorkas, while serving as director of Citizenship and Immigration Services, worked "outside his defined role" by intervening in three matters pertaining to "EB-5" visas. The report found his conduct "created an appearance of favoritism and special access."

The probe stemmed from a 2012 whistleblower complaint. EB-5 visas are granted to immigrants committing to certain thresholds of investment and job creation in the U.S. Mayorkas in 2015 disputed the report's findings, saying the EB-5 program had been "badly broken" and he intervened so the cases in question "were decided as the law required."

This fact brief is responsive to conversations such as this one.

Sources

Department of Homeland Security: Office of Inspector General—Investigation into the management of the EB-5 Program

DHS: Mayorkas statement regarding the DHS report

Vox: Mayorkas influencing EB-5 visa applications

ABOUT THE CONTRIBUTOR

Gigafact

Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.

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About fact briefs published on Gigafact

Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.