US Citizenship and Immigration Services Director Alejandro Mayorkas, who has been nominated to be the department's No. 2 leader, was named by the DHS Inspector General's Office as a target in an ongoing investigation about the foreign investor program run by USCIS, The Associated Press has learned.
According to an email sent to lawmakers last evening, the IG's office initially starting investigating the EB-5 visa programme last year based on a referral from an FBI analyst in the counter intelligence unit in Washington. The email does not specify what criminal violations it is investigating.
The White House did not have an immediate comment on the investigation. Neither the department nor USCIS immediately responded to inquiries.
Were Mayorkas confirmed as the department's deputy secretary, he likely would run the department on an interim basis until a permanent replacement has been approved to take over for departing Secretary Janet Napolitano.
Mayorkas, a former US attorney in California, previously came under fire for his involvement in the commutation by President Bill Clinton of the prison sentence of the son of a Democratic Party donor. Another of Hillary Clinton's brothers, Hugh Rodham, had been hired by the donor to lobby for the commutation. Mayorkas told lawmakers during his 2009 confirmation hearing that "it was a mistake" to talk to the White House about the request.
In the email detailing the case, the IG's office said "at this point in our investigation, we do not have any findings of criminal misconduct.
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