Thread: U.S. barred again from cracking down on illegal immigrants'

U.S. barred again from cracking down on illegal immigrants' bosses
Bob Egelko, Chronicle Staff Writer

Monday, October 1, 2007
(10-01) 17:32 PDT SAN FRANCISCO - A second federal judge blocked the Bush administration today from notifying the nation's employers that they face possible prosecution for knowingly employing illegal immigrants unless they fire workers whose Social Security numbers do not match federal records.

U.S. District Judge Charles Breyer extended for up to 10 days a temporary restraining order issued Aug. 31 by another federal judge in San Francisco, preventing the rule from taking effect. Breyer said he would rule within those 10 days on whether to issue a preliminary injunction, sought by labor unions and business groups, that would suspend the administration's plan indefinitely.

His comments during a two-hour hearing in San Francisco suggested that he was likely to issue the injunction.

"There would be irreparable harm, serious irreparable injury," to legally employed workers if the government went ahead with its plan to send 140,000 letters to employers of 8 million workers in the next few months, Breyer said.

At another point, he told a government lawyer that the advice the letter contains for employers is "not an accurate statement of the law."

Justice Department attorney Thomas Dupre said the government objected to the extension of the restraining order, which was scheduled to expire today. Breyer replied that the government could ask a higher court to intervene. Dupre did not indicate his intentions.

Homeland Security Secretary Michael Chertoff announced the rule Aug. 10 as a means of toughening the little-enforced 1986 law that subjects employers to criminal prosecution or civil penalties for knowingly employing illegal immigrants.

Employers can satisfy the law under current rules if they obtain specified documents from newly hired workers. After that, the government notifies employers if the Social Security number of a worker's W-2 tax form doesn't match the number in the Social Security database. That worker does not have earnings credited for Social Security benefits, but no action is taken against the employer.

Under the new rule, employers receiving such a "no-match" letter would have to fire the worker or face possible civil fines and criminal penalties if the discrepancy isn't cleared up within 93 days.

Unions that filed the suit argued that the rule would lead to firings of thousands of legal employees who couldn't navigate government bureaucracies to resolve differences in Social Security numbers in the required time, and would also give rise to wholesale discrimination against workers with foreign names or appearances.

They said employers or the government commonly make clerical errors in recording Social Security numbers, and that name changes after marriages or divorces can also result in "no-match" letters.

The unions also argued that the 1986 law required only a document check of newly hired workers' immigration status, and did not authorize the government to order additional verification or use Social Security records for immigration enforcement. But the government said the new rule merely gives employers one option to resolve uncertainties about their employees' status and avoid liability.

"This is an optional safe harbor," Dupre said

http://www.sfgate.com/cgi-bin/article.c ... ASI1VH.DTL

Are the Fed judges in San Fransico on Bush's payroll?

"There would be irreparable harm, serious irreparable injury," to legally employed workers if the government went ahead with its plan to send 140,000 letters to employers of 8 million workers in the next few months, Breyer said.

How could it possibly harm "legal" workers? If they're here legally, what's the problem?

I guess, according to the AFLCIO a person who actually belongs here and does have a valid Social Security number would not be able to clear up any apparent discreprancy in 90 days. Thank you, Mr. Sweeeney and Co., for insulting Americans' intelligence! Just because you are a dupe of organized criminals doesn't mean we all are.

I must admit I'm not surprised by this ruling. U.S. District Judge Charles Breyer (the brother of Supreme Court Justice Stephen Breyer) was appointed by Clinton. Looking on the *bright* side, since Chertoff's "crackdown" on employers has been gutted, he and the OBL can't or at least shouldn't use this as an excuse to say, "gee, since we've cracked down on employers, give us our amnesty now."

This is a load of crap and seems to be the status qua of out nation....protect illegal aliens!!!

The only way we are going to get any enforceable laws is to have congress write new straight forward laws that are not so damn hard for these crooked judges to understand. I knew this would happen and it makes me so angry

Again, gutless, spineless Federal Gov't... can't even enforce its own laws.

If these pro illegal advocates now use the Law to prevent the Feds in doing this, isn't it also the Law that being here illegaly is a deportable offense?

Originally Posted by agrneydgrl

Are the Fed judges in San Fransico on Bush's payroll?

No, they are on the payroll of the Mexican government and the corporate elite, along with Bush and countless members of Congress. It's disgusting.

I guess, according to the AFLCIO a person who actually belongs here and does have a valid Social Security number would not be able to clear up any apparent discreprancy in 90 days. Thank you, Mr. Sweeeney and Co., for insulting Americans' intelligence! Just because you are a dupe of organized criminals doesn't mean we all

THERE IS NO REASON FOR THIS TO TAKE 90 DAYS. THEY REALLY DO THINK WE ARE IDIOTS.

WHEN YOU APPLY FOR UNEMPLOYMENT, THEY KNOW INSIDE TWO MINUTES IF YOU ARE VALID OR NOT. THE ONLY CASE WOULD BE IF SOMEONE HAD STOLEN SOMEONE ELSE'S IDENTITY.

BUT IF YOU USE A PICTURE DATABASE....OR FINGER PRINT DATABASE, THEN IT WILL BE DIFFICULT FOR PEOPLE TO USE OTHER'S IDENTITIES. THEY CAN DO IT.

NINETY DAYS? THAT IS DESIGNED TO LET ILLEGALS WORK FOR THREE MONTHS....ILLEGALLY. THEN THEY CAN JUST CIRCULATE TO ANOTHER JOB. AND ILLEGALS WILL KEEP COMING HERE BECAUSE THEY CAN GET WORK.

THEY HAVE A SS SYSTEM THAT WORKS. THEY HAVE AN UI SYSTEM THAT WORKS. YOU CANT GET IT (UI OR SS) IF THEY CANT FIND YOU IN THE SYSTEM. BET IT HARLDY EVER HAPPENS. AND IF IT DOES, IT WILL NOT TAKE ANY THREE MONTHS TO STRAIGHTEN IT OUT.

I am confuseed ....did they rule...a final ruling??????????I am missing something