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  1. #1
    Administrator Jean's Avatar
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    Judge rejects Bush attempt to speed up rule targeting illega

    Judge rejects Bush attempt to speed up rule targeting illegal workers
    Bob Egelko, Chronicle Staff Writer

    Friday, December 5, 2008

    (12-05) 13:19 PST SAN FRANCISCO -- A federal judge in San Francisco rejected the Bush administration's request today to speed up consideration of rules that would pressure employers to fire suspected illegal immigrants whose Social Security numbers didn't match records in the government's database.

    U.S. District Judge Charles Breyer - who blocked the so-called no-match rule from taking effect in October 2007 - turned down a proposal by the Department of Homeland Security for an accelerated hearing schedule that might have allowed a new version to take effect before President Bush leaves office next month.

    Instead, Breyer set a standard schedule for consideration of a lawsuit by labor unions and business groups challenging the rule, with written arguments planned through Feb. 24. He observed that the incoming administration of President-elect Barack Obama might want to take another look at the issue, said Scott Kronland, lawyer for the AFL-CIO and several other unions in the case.

    "There was no policy reason for trying to expedite things to prevent a new administration from looking at these last-minute rules," Kronland said.

    He noted that Homeland Security had taken more than a year after Breyer issued his injunction to submit its current version of the rule, which contains new rationales but is virtually identical to the previous proposal.

    A Homeland Security spokeswoman was not immediately available for comment.

    The Bush administration says the no-match rule would add teeth to a little-enforced 1986 law that prohibits businesses from knowingly employing illegal immigrants. Opponents say the plan relies on an error-prone database and would lead to the firings of tens of thousands of legal workers.

    Obama has not taken a position on the proposed rule.

    Employers now comply with the 1986 law by obtaining identification documents from new workers. The government checks Social Security numbers on employees' tax forms against its database and notifies employers of discrepancies, but doesn't require them to take any action.

    Under the no-match rule, employers who were told about discrepancies would have 90 days to clear them up and another three days for an employee to submit a new, valid Social Security number. After that, an employer who failed to fire the worker would be subject to civil fines and criminal prosecution.

    Breyer's October 2007 ruling said opponents had raised serious issues about whether the rule was legally authorized, and that Homeland Security had failed to explain its reversal of a decade-old policy of not prosecuting employers over discrepancies in Social Security numbers.

    In its new version of the rule, the department said the government had always made clear to employers that they should investigate the reasons for discrepancies in Social Security numbers, which it called "a legitimate indicator of possible illegal work by unauthorized aliens."

    www.sfgate.com
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  2. #2
    Administrator ALIPAC's Avatar
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    U.S. District Judge Charles Breyer is a traitor to the Republic and to the people of the United States.

    How dare he intentionally delay to prevent the current President from enacting this popular measure?

    This article makes it clear that this judge is politically opposed to increased immigration enforcement in the workplace and is using his position as a trusted public official to destroy the attempted policy.

    The American public needs a new political tool that will allow the people to permanently remove elitists like Charles Breyer from any position of power and authority.

    W
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  3. #3
    Administrator Jean's Avatar
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    San Franciscan through and through.

    Breyer, Charles R.
    Born 1941 in San Francisco, CA

    Federal Judicial Service:
    Judge, U. S. District Court, Northern District of California
    Nominated by William J. Clinton on July 24, 1997, to a seat vacated by D. Lowell Jensen; Confirmed by the Senate on November 8, 1997, and received commission on November 12, 1997.

    Education:
    Harvard College, A.B., 1963

    University of California, Berkeley, Boalt Hall School of Law, J.D., 1966

    Professional Career:
    Law clerk, Hon. Oliver Carter, U.S. District Court, Northern District of California, 1966-1967
    Counsel, Legal Aid Society of San Francisco, California, 1967
    Assistant district attorney, District Attorney's Office, City & County of San Francisco, California, 1967-1973
    Assistant special prosecutor, Watergate Special Prosecution Force, 1973-1974
    Private practice, San Francisco, California, 1974-1979
    Chief assistant district attorney, District Attorney's Office, City and County of San Francisco, California, 1979
    Private practice, San Francisco, California, 1980-1997

    Race or Ethnicity: White

    Gender: Male

    http://www.fjc.gov/servlet/tGetInfo?jid=2719

    His brother is U.S. Supreme Court Justice Stephen Breyer.
    http://www.sfgate.com/cgi-bin/article.c ... N48594.DTL

    Brother may be a member of the Council on Foreign Relations.
    http://www.alipac.us/ftopict-58407-stephen.html+breyer
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  4. #4
    Senior Member Populist's Avatar
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    According to Diggers Realm:

    "Judge Charles Breyer was appointed to the federal bench by President Clinton in 1997 and is the brother of liberal U.S. Supreme Court Justice Stephen Breyer who, in 2001, ruled that detained illegal aliens whose home countries won't take them back within 6 months must be released into American communities ( Zadvydas v. Davis, No. 99-7791)."

    digger
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