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Old 10-10-2007, 02:45 PM
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Default Judge in SF Blocks Crack down on illegal immigrant

Here's a judge----a Clinton appointee---in San Francisco blocking the federal government's efforts to enforce it's immigration laws.


Judge blocks U.S. illegal worker crackdown

By Leonard Anderson
33 minutes ago


SAN FRANCISCO (Reuters) - A U.S. federal court judge on Wednesday blocked a key part of the Bush administration's stepped-up efforts to crack down on illegal immigrant workers and those who employ them.

Judge Charles Breyer of the U.S. District Court for the Northern District of California granted a preliminary injunction against a program that would force employers to verify Social Security numbers and fire workers whose numbers did not match official records.

http://news.yahoo.com/s/nm/20071010/...CJp5Y2yXME1vAI
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  #2 (permalink)  
Old 10-10-2007, 03:04 PM
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Default Who's gonna turn down a Junior Mint?

Quote:
"The balance of hardships tips sharply in plaintiffs' favor and plaintiffs have raised serious questions," Breyer said in his ruling.
Is this all he has to say? Apparently abiding by the law is now deemed a hardship.
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Old 10-10-2007, 03:21 PM
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Default Not to worry

like most cases in the Left Coast it will be soundly overturned.
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Old 10-10-2007, 03:38 PM
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Default .

I think the Federal Government needs to freeze all monetary funding, and other services to Califo..err...Kaleefohneeah.

Hey, you can't have your cake and eat it too.
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Old 10-10-2007, 03:44 PM
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Default dgdgdg

It's just a preliminary injunction, basically delaying implementation until the court case is resolved.

The plaintiff case appears to be this:

Quote:
But the "no-match letter" program was challenged in a lawsuit by the American Civil Liberties Union, the AFL-CIO and other labor groups claiming it was unlawful and hurt all workers, including legal ones affected by errors in the data base.
A reasonable concern if the program is overly draconian in its rules or implementation. But there's this:

Quote:
Under the proposed program, employers notified of a "no-match" would have 90 days to confirm that an employee was in the country legally or fire him if not.
Which seems a reasonable accomodation.

I guess the worry might be that an employer, upon receiving such a letter, wouldn't bother trying to verify the employee's status and would simply fire him or her to avoid problems. After all, verification would be a hassle -- and how would you go about doing it, anyway? Much easier to simply get rid of the worker and be done with it.
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Old 10-10-2007, 04:35 PM
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Default BOO!

Quote:
Originally Posted by raytri";p=&quot View Post
I guess the worry might be that an employer, upon receiving such a letter, wouldn't bother trying to verify the employee's status and would simply fire him or her to avoid problems. After all, verification would be a hassle -- and how would you go about doing it, anyway? Much easier to simply get rid of the worker and be done with it.
Employers are supposed to see social security cards with their own eyes. These can be faked as can picture IDs. The assumption should be that the employer does not know the employee is using a fake ID, and that by informing him, the govt is correcting his previous inability to ensure his compliance with the law.

The employee is required to ensure that his w-4 is correct. If legal workers have mistakes on their W-4 or in their withholding, it's very important that it gets corrected ASAP. 90 days is plenty of time to get mistakes corrected. If an employer fires a legal employee and it is the employer's error, the employee will be eligible for unemployment. In Texas, the employee is protected from improper termination.
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Old 10-10-2007, 04:48 PM
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Default ?

Yeah----12thMan is right. The reasoning the ACLU has used is simply a cop-out because they couldn't come up with anything else. They know darn well they are fighting to protect illegal immigrants.
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Old 10-10-2007, 04:48 PM
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Default dgdgdg

Quote:
Originally Posted by The12thMan";p=&quot View Post
The assumption should be that the employer does not know the employee is using a fake ID, and that by informing him, the govt is correcting his previous inability to ensure his compliance with the law.
Agreed, but what is the employer supposed to do at that point? How should it "verify" the worker's legal status? And how many employers will bother?

Quote:
90 days is plenty of time to get mistakes corrected.
Agreed, unless it's such a hassle that employers don't want to deal with it.

Quote:
If an employer fires a legal employee and it is the employer's error, the employee will be eligible for unemployment.
That's small consolation.

Quote:
In Texas, the employee is protected from improper termination.
But under the federal law, it appears that the employee would be fired by default if the employer does nothing to clear up the discrepancy.

I think the federal program is reasonable in principle. This appears to be one of those "devil in the details" cases.
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Old 10-10-2007, 04:59 PM
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Default .

Quote:
Originally Posted by BoogiePeople";p=&quot View Post
I think the Federal Government needs to freeze all monetary funding, and other services to Califo..err...Kaleefohneeah.

Hey, you can't have your cake and eat it too.
maybe you need to understand how a Federal System works
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  #10 (permalink)  
Old 10-10-2007, 05:15 PM
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Default Smells more like "A Night in El Segundo".

Quote:
Originally Posted by raytri";p=&quot View Post
Quote:
Originally Posted by The12thMan";p=&quot View Post
The assumption should be that the employer does not know the employee is using a fake ID, and that by informing him, the govt is correcting his previous inability to ensure his compliance with the law.
Agreed, but what is the employer supposed to do at that point? How should it "verify" the worker's legal status? And how many employers will bother?
Of course, you realize that most no match letters are due to mistakes. You must also realize that any mistake will cause the person not to have that work credited to social security thereby causing a possible loss of benefits. It's of the utmost importance that any legal worker be sure his SS and withholding be credited to him. As it is now, no match letters can be ignored. The employee may not have a clue that there is any mistake. Forcing the employer to comply protects legal workers.

No match letters come with details of what the employer should do to correct mistakes. http://www.nilc.org/immsemplymnt/SSA...ployer_ltr.pdf
It's not the ordeal some are making it out to be.
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