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ICE would say, "If we posed as a drug dealer and sold them $11k of cocaine, we'd get to throw them in jail and keep the $11k." The difference though is that, when you post as a drug dealer, you are posing as a criminal and everyone involved knows it's a crime. This is different
This is like ICE having a list of approved medical clinics, and getting the state medical board to approve the clinics, and getting AMA to certify the clinic, and then letting people fill out all the legal paperwork to get Oxy, then going "AHA! This is fake!"
A lot of string operations rely on the people knowing they're committing a crime with a criminal, and LEO can't be involved in vouching for the legitimacy of the criminal. They can't be like, "Oh it's fine to buy this cocaine from Pablo, we certify him and the AMA did too."
In fact, I'd say there's two angles to the defense: 1. Would a reasonable American know this university was fake and also apply? 2. If ICE hadn't vouched for this university and done all the proper registrations would they catch the same people? Here's how I'd test that.
Conduct a simple usability study that asks a bunch of random people to try to identify if a university is legit or not from the website. I'm pretty sure you'd find out that if it's accredited, registered, and recommended by ICE a massive majority would say it's legit.
Oh, I should add, ICE's original claim was they setup the university to catch people who commit visa fraud for people, like admissions officials and others. BUT, ICE still has a problem with this angle:
They definitely could arrest the people making fake passports and visas, BUT they didn't pose as someone who made fake visas. They posed as a university, enticed people to it, screwed with their paperwork, and then arrested them when they got desperate for their money back.
If I'm reading this right, ICE setup the university, took their money, put them through SEVIS and the F1 process, then just sat there. People requested their money back and to have their SEVIS moved to a new university and ICE ignored them. Eventually the students got desperate
This is like the government telling me I owe $1000 in parking tickets and I can't drive until I pay it. So I send them my money and fill out the paperwork, but they just hang on to it and wait to see if I'll drive my car illegally. Eventually I have to and they arrest me.
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