Thread: Obama Revives Bush Idea to Catch Illegal Workers

Obama Revives Bush Idea to Catch Illegal Workers

By Spencer S. Hsu
Washington Post Staff Writer
Thursday, July 9, 2009



President Obama will abandon a controversial immigration crackdown, sought by his predecessor, to pressure U.S. companies to fire 9 million workers with suspect Social Security numbers, Homeland Security Secretary Janet Napolitano announced yesterday.

Instead, Obama will mandate that federal contractors confirm the identities of 4 million workers against federal databases beginning in September, pushing ahead under pressure from Senate Republicans with another long-stalled Bush administration initiative.

Napolitano said her department will rescind a 2007 rule, tied up in federal court, that would have sent Social Security "no-match" letters to 140,000 U.S. employers. The notices were to warn companies to resolve discrepancies or fire suspect workers within 90 days, or face criminal penalties.

Instead, she said, the Department of Homeland Security will take a "more modern and effective" approach, ordering an estimated 170,000 federal contractors to confirm employees' work documents against E-Verify, until now a voluntary electronic government system for companies to check new hires' immigration and Social Security data.

Combined with a renewed emphasis by the DHS on targeting companies that hire illegal immigrants with civil fines and audits instead of high-profile raids, the moves mark the clearest sign yet of Obama's efforts to chart a middle course on immigration enforcement, analysts said.

The administration's announcement appeared aimed at satisfying law-and-order conservatives on Capitol Hill, where Senate Republicans successfully amended Homeland Security's $43 billion 2010 budget yesterday to extend E-Verify to federal contractors and to expand construction of fencing on the U.S.-Mexico border.

"The American people have made it clear that immigration reform should start with better enforcement of the laws already on the books," said Sen. Jeff Sessions (Ala.), the ranking Republican on the Senate Judiciary Committee. "Making [E-Verify] permanent and mandatory for federal contractors would be a big step toward meeting the public's expectations."

At the same time, Obama has told immigrant advocacy groups that Congress should try to overhaul the nation's immigration laws within the coming year with the support of business groups and organized labor, all of whom had bitterly opposed the no-match rule.

"The Obama administration is trying to find its voice and put forward a coherent enforcement strategy," said Angela Kelley, immigration analyst at the left-leaning Center for American Progress. "They're looking for solid footing on enforcement so they can move on to what is the unknown territory" of broader legislation addressing the fate of 12 million illegal immigrants and the future flow of foreign workers, she said.

The complexity of navigating a centrist course, however, was revealed yesterday by the mixed reaction to Napolitano's announcement.

As expected, business groups such as the U.S. Chamber of Commerce hailed the decision to kill the no-match rule. Since October 2007, a federal judge had held up the rule, acknowledging arguments by critics that the Bush administration failed to consider the impact on small businesses and that the rule could lead to discrimination against many legal workers because of millions of errors in the government's Social Security databases.

But Angelo I. Amador, a spokesman for the Chamber, said business groups will continue to fight the contractor requirement in federal court, arguing that Congress never intended to make participation in the worker verification program mandatory.

"As of right now, our position remains that the rule as written is unconstitutional," Amador said.

On the other hand, Sen. Charles E. Schumer (N.Y.), who is leading Senate Democrats' efforts to draft a bill, said E-Verify does not go far enough. Instead, Schumer has proposed using a verification system based on workers' fingerprints, eye scans or other unique identifiers.

E-Verify cannot detect whether a person is stealing the identity of another legitimate worker, and a proposed fix -- requiring workers who are permanent residents or noncitizens to present photo IDs -- "invites discrimination and creates uncertainty for employers," Schumer said in a statement.

Amador said the split between the White House and Democratic lawmakers is confusing. "I would like to say otherwise, but . . . it's kind of unclear for us, from the perspective of negotiating with Democrats, who we should talk to," he said.

Rep. Jack Kingston (R-Ga.), who supports E-Verify, called the moves "a step forward and a step back." "How they could do this in one step and in another abandon no-match letters is a mystery that defies all," Kingston said in a statement. "It makes me wonder if the Administration is still playing games."

The Bush administration proposed mandatory use of E-Verify by 170,000 federal contractors in 2007, projecting that participation in the program would double in 10 years to cover 20 percent of annual U.S. hiring.

Business opposition stalled implementation until Obama took office, however, and he ordered further review. Napolitano said yesterday that the administration will push for "full implementation" for workers on contracts of more than $100,000 awarded after Sept. 8. More than a dozen states have passed similar legislation.

About 134,000 out of an estimated 6 million U.S. employers now voluntarily participate in the program, which was created in 1996.

On Friday, U.S. Immigration and Customs Enforcement, a DHS agency, announced that it had issued audit notices to 652 businesses -- more than in the previous year -- beginning what ICE director John Morton said will be a national strategy to reinvigorate the use of civil fines as well as criminal penalties, not just work-site raids, against employers.

"You're hearing it straight from the horse's mouth," Morton said in an interview. "We are auditing, we are adding civil enforcement, . . . we are adding a renewed emphasis on criminal enforcement. We are going to try to bring every enforcement tool that we have to bear on the problem."

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Added to Homepage:
http://www.alipac.us/article-4368--0-0.html

Instead, she said, the Department of Homeland Security will take a "more modern and effective" approach, ordering an estimated 170,000 federal contractors to confirm employees' work documents against E-Verify, until now a voluntary electronic government system for companies to check new hires' immigration and Social Security data





Uh-huh.......and what about the millions and millions of other employers in this country who aren't federal contractors?

Unless the more "modern approach" indicated here is somehow related to the fact that obama is fully intent upon government controlling the business sector.....up to and including which businesses will be permitted to operate and which will be closed.

Wouldn't such a thing then create a situation whereby those businesses technically become "federal contractors" or qualify as "doing business with the federal government"

This is a WEAK attempt to make us think that they are going to get tough on illegals so that they can pass their shamnesty bill.

There should be a huge effort to blast and condemn the US Chamber of Commerce for this ludicrous position against E-Verify. If businesses want our business, then they need to certify to consumers and citizens that they are an E-Verify Company or take your business elsewhere.

Originally Posted by agrneydgrl

This is a WEAK attempt to make us think that they are going to get tough on illegals so that they can pass their shamnesty bill.

Absolutely. I know they are going to take these very small steps, (countered by a reduction in enforcement in some other area anyway), and claim its proof they've really strengthened enforcement.

This is equal to ONE step on a 100 mile journey. You're NOT even close yet guys.

It won't be enough until there is PROOF your "tough enforcement" is working. And that proof will be a significant reduction in the number of illegal aliens in this country. Please shut-up and go away until you can show us the proof. If an amnesty bill even gets out of committee before you have PROOF, which will take years, we will shut the House down. Again. Only worse.

Another Obama Boondoggle.

This is where the rubber meets the road.

Napolitano said her department will rescind a 2007 rule, tied up in federal court, that would have sent Social Security "no-match" letters to 140,000 U.S. employers. The notices were to warn companies to resolve discrepancies or fire suspect workers within 90 days, or face criminal penalties. Obama knew he was going to loose the court battle so he just quit the fight. Why DHS should not be under the control of the executive branch, no oversight.

Instead, she said, the Department of Homeland Security will take a "more modern and effective" approach, ordering an estimated 170,000 federal contractors to confirm employees' work documents against E-Verify, until now a voluntary electronic government system for companies to check new hires' immigration and Social Security data.

Only "tied up in court"(since 2007) because DHS didn't appeal the decision and the Obama administration did not continue working with the court to satisify specific concerns.

Under Bush, both of the above were going to occur.

Now, the administration has chosen the least effective approach.

Simply by publicly releasing this information it has sent those contractors another early warning. I'm sure most of them follow the news, since their companies are co-dependent on government so they have cleaned house before Bush's order would have gone into effect (it was delayed by Obama). Now under Obama, very few illegal aliens will be caught working for those contractors who may or may not have any suspected illegal aliens working for them.

Unlike the no-match letters that were flagged by Social Security for discrepancies which are very likely llegal aliens using someone's SS#.

In this case, 170,000 (shots in the dark) will yield far fewer firings than 140,000 (confirmed targets like American Apparel) would. Yea, Obama tested it so he knows it works.

And when they don't catch anyone, with this set up to fail policy, they will run around DC saying see, it's an ineffective method.

Additionally, the no-match rule clears out any currently employed illegal aliens. E-Verify only catches new hires.

Dixie

Related:
http://www.alipac.us/ftopicp-921384.html#921384

WEAK, weak, what about the Employment Security Commission Offices (UNEMPLOYMENT OFFICES)? Currently, these offices DO NOT E-Verify the illegal aliens they send into the workplace.

Are states going to be punished for this? Can the American Citizens sue the state agencies?

This version of E-Verify is only for NEW HIRES????

There is no mention of Sub-contractors. Will that Loop Hole be left in place?