Thread: A 'no-match' policy will wreak destruction in Texas

Editorial in Houton Chronicle

Aug. 10, 2007, 7:52PM
A 'no-match' policy will wreak destruction in Texas
If hundreds of thousands fired, who will replace them?

By BILL HAMMOND
Copyright 2007 Houston Chronicle
http://www.chron.com/disp/story.mpl/edi ... 45494.html

The suggestion that the Bush administration would throw our economy under the bus with a new "no-match" immigration policy that forces employers to choose between criminal penalties and illegal racial discrimination is troubling. It suggests that the administration hasn't given nearly enough thought to the severe damage this new policy will inflict on U.S. and Texas businesses.

No-match is the name given to a letter sent to millions of employers and employees each year informing them that there is a discrepancy between the records kept by the Social Security Administration (SSA) and the Social Security number submitted on an employee's Form W-2. Up to now, the no-match letter has been a request to correct the problem so that Social Security wages can be credited to the right employee.

The new Bush administration policy, which has been held in abeyance while the Senate tried and failed at comprehensive immigration reform, is expected to be made public in the coming days. It would provide Immigration and Customs Enforcement (ICE) — an agency of the U.S. Department of Homeland Security — with authority to pursue employers with criminal penalties for failure to act on no-match letters.

Employers who receive no-match letters are understandably confused. Discrepancies between workers' names and Social Security numbers often result from clerical errors or name changes due to marriage or divorce. Because these types of errors have nothing to do with immigration or work authorization, an employer cannot assume that receipt of a no-match letter implies anything about the employee's legal status. In fact, the letter itself stresses that it makes no statement about immigration status.

As if the impending confusion were not enough, ICE has stepped up its enforcement and is using no-match letters as a way to establish immigration violations. As reported by The Associated Press this week, ICE officials promised enforcement that "is going to be tough and aggressive," with "more worksite cases. And no more excuses."

The new regulation is expected to promise a "safe harbor" for employers if they follow certain procedures for dealing with no-match letters. ICE notes, however, that even if an employer follows the safe-harbor procedures, it would not preclude a finding that an employer had "actual" knowledge that an employee was legally unauthorized to work.

Beyond confusing, the implementation of the rule will be mysterious. Employers are not notified of every mismatched record. The SSA only notifies employers that have mismatched information on more than 10 W-2 forms, and only if the total number of mismatched forms is more than one-half percent of the total forms presented by the employer. Businesses could be liable for mismatches of which they have no knowledge.

The new rule presents employers with a dilemma of threatened prosecution by ICE versus potential violation of the 1964 Civil Rights Act, which protects all workers regardless of immigration status from discrimination in employment.

The Equal Employment Opportunity Commission, the federal agency responsible for enforcing federal equal employment opportunity laws, says the regulation "may create circumstances in which employers have incentives to take actions that violate" the Civil Rights Act by failing to protect workers from employment discrimination regardless of citizenship or work authorization status.

Some businesses will do all they can to avoid the draconian choice. Employers will seek protection from prosecution by terminating employment potentially upward to 750,000 jobs. Most employers will do all they can to replace the terminated workers, but the question is: Where will they find them? Texas unemployment is lower than it has been in more 30 years, and the Dallas Federal Reserve Bank says that employers are already holding back on expansion because of the lack of workers.

The unfilled jobs will have real consequences. American citizens can lose their jobs as well. Meals in restaurants will go uncooked and unserved. Beds in hotel rooms will go unmade. Farms and ranches will lose the hands that help feed our people. The engines of economic growth will cool. No-match workers and their families will fall brutally victim to the dysfunction of Congress and bureaucracy run amuck.

The no-match regulation will wreak destruction on employers' loyalty to their workers, encourage an illegal underground economy and do unspeakable harm to the American economy as businesses lose workers and can't find or won't risk hiring replacements.

Why? Because a polarized Congress is unable to compromise on the critical issue of fixing a failed immigration system. If Congress can't find the resolve to act on bipartisan immigration reform, the least they can do is clean up the mess their breakdown has left behind. Fixing the no-match mess should be the first place they start.

Hammond is president of the Texas Association of Business and a board member of Texas Employers for Immigration Reform.

They are not being forced to choose racial discrimination, merely to exercise common sense in their hiring practices. If they will find themselves in a mess upon more diligent enforment, it is a mess entirely of their own making. They sound like crack adicts being forced into rehab.

Besides, didn't we pretty much abolish welfare about a decade ago, and replace it with workfare? And there are all those guys in prison, who in Colorado have been successfully used in agriculture. And, wouldn't inner city youth benefit from exercise out in the country? Maybe there would be more incentive to automate hard, monotonous, or dangerous jobs were it not for the easy way out of cheap labor. Throwing bodies at a problem is the third world answer, we are capable of better thinking here.

This article showed up in my local paper also. Here's my rebuttal I sent in.

This letter is written in response to Bill Hammond’s editorial in the August 10, 2007, Odessa American. Mr. Hammond is president of the Texas Association of Business and a board member of Texas Employers for Immigration Reform. He pointed out that the new Bush administration policy, which will give ICE authority to pursue employers with criminal penalties for failure to act on no-match social security numbers is fraught with problems and that employers could possibly be penalized for discrimination under the 1964 Civil Rights Act, which protects workers regardless of their immigration or work authorization status.

His position is just more of the “All or Nothingâ€

Does anyone believe that Bush & Co. is sincerely trying to implement the existing SS laws???

It's all a dog and pony show to create chaos in the workplace so that they can expedite the immediate legalization of 20M illegals!!!

Faye . . . . . one word: BRAVO!

Americanme: You are dead on. They are trying to convice us that we need illegal, low wage aliens. So they are "punishing" us and hoping to prove a point. I was watching CSpan last night and the Corpse (Chertoff) and his LaRaza minion were on and basically touting that they were going to enforce the laws but we will be looking at "higher prices" in the stores. What they fail to realize is that we have no problem paying for quality SAFE produce its still cheaper than paying for jail cells, anchor babies, roundups and deportations. More importantly, you can't put a price tag on AMERICAN LIVES that illegal aliens annhilate on a daily basis.

There are hundreds of these articles being published in the last twenty four hours. I've never seen the online news being flooded like this even during the last push on the amnesty bill.

http://www.alipac.us/modules.php?nam...031&highlight=

Earlier I posted, "This could be the next tactic of the Bush administration in getting an Amnesty Bill passed. "

If I was right it looks like a major push is on in the online news media. I have never seen so many articles on the same topic at one time. Even when there was a lot happening with the last amnesty bill vote.

I don't see any sign of any real action just a lot of talk.

And a lot of articles like this:

Employers brace for crackdown on immigrants

http://seattlepi.nwsource.com/busine...ml?source=mypi

You can see them if you do a Google search for, " Illegal Immigration ".

Faye great letter!

I don't know why they are making such a big deal out of someone haveing to take an hour out of their day to go down to the SS office and fix the mistake if that is the case.

When I got married I never changed my name on my SS card. one day a few years later I received a letter from the SS office about the discrepancy, I went to the SS office and in 15 minutes it was straightened out. So if you are a U.S. citizen and there is a problem believe me it does not take 90 days to fix.

Also I lost my wallet a few weeks ago and had to obtain a new drivers license and SS card, I went to the SS office and in 2 minutes they had my life's history on the computer screen, and with in 7 days I receive a new card in the mail.

So I guess If you are an illegal you do have a problem. But if you are a citizen or working here legally I can not see what the big deal is. If you are a citizen and a problem arises with your SS# then it is great to get the warning so you can make sure 15 other people are not using you # and steeling your identity.

Stop the whinning and enforce the laws!!!Its time to go home if you are not a citizen or not here legally!!!


-------------------------------------------------------------------------------------
ALIPAC AUGUST FUND RAISER
PLEASE help ALIPAC stay in the fight against illegal immigration!!!!
http://www.alipac.us/modules.php?name=F ... ic&t=75673
FOOD FOR THOUGHT
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Yes, let's give Mr. Hammond some cheese with his whine. Needless to say, the way he tries to frame this issue is ludicrous, downright amusing. The economy "thrown under the bus" and employers engaging in "racial discrimination" if they verify social security numbers?!! Puhleeease. The economy and our society would be stronger if we didn't have 20 million+ largely unskilled illegal aliens roaming around.

But these emotional rants from greedy businesses that refuse pay citizens decent wages are tiring. But we will not let up until the rule of law is restored!

AND NO AMNESTY!!

Just read between the lines. Bush, Chertoff and Gutierrez have all basically said..."until Congress Acts and the immigration laws are changed, we will enforce existing imigration laws to the best of our ability". They are all marshalling forces again, behind closed doors and out of the glare of the public spotlight, to strategize amnesty. Looks for now they will make push for small victories...AgJobs, DREAM Act, etc. and chip away until they can muster a full frontal assult. Don't kid yourself...that will be coming. Maybe not full frontal in the remainder of the Bush administration but you can bet it will if a Destructocrat, most likely Hillary, takes office. Oh, and by the way, with this "stepped up" law enforcement initiative...you will hear many stories of "poor Pablo", familes being torn asunder, American Dreams crushed, businesses failing because a lack of workers, economies of entire industries disrupted, businessmen and company owners being unfairly prosecuted, racial profiling and racist enforcement raids. All trying the bleeding heart strategy of our existing imigration laws are unenforceable, draconian, unfair and must be reformed.

The no-match regulation will wreak destruction on employers' loyalty to their workers, encourage an illegal underground economy and do unspeakable harm to the American economy as businesses lose workers and can't find or won't risk hiring replacements.

1. There ALREADY IS an illegal underground economy.

2. American employers should ONLY have LOYALTY to American employees.

3. WHAT UNSPEAKABLE HARM? Business will run as usual if they replace workers with legal citizens. They just have to start paying decent wages and offereing health insurance. Too bad that the "free ride' is over for employers hiring illegals.

IMO, I don't think Americans would mind spending a little bit more for products and services that are supplied by American workers.