Federal judge blocks tougher penalties for illegal-alien hiring
Oh, crikey. A San Francisco federal judge appointed by guess-who interferes with stiffer employer sanctions for businesses that knowingly hire illegal aliens because she says she needs more “breathing room:”
The Social Security Administration cannot start sending out letters to employers next week that carry with them more serious penalties for knowingly hiring illegal immigrants, a federal judge ruled Friday.
Ruling on a lawsuit by the nation’s largest federation of labor unions against the U.S. government, U.S. District Judge Maxine Chesney granted a temporary restraining order prohibiting the so-called “no-match” letters from going out as planned starting Tuesday…
…Chesney said the court needs “breathing room” before making any decision on the legality of new penalties aimed at cracking down on the hiring of illegal immigrants.
She set the next hearing on the matter for Oct. 1.
Who’s behind the lawsuit? Big Labor. Yeah, you know, the same lobby that’s supposed to be looking after American workers (or as Miss Teen South Carolina would call them, “U.S. American workers”).
The Department of Homeland Security has vowed to fight the lawsuit, calling it “an obvious attempt to impede the department’s ability to enforce our immigration laws.”
***
Background on the no-match crackdown from Mark Krikorian:
In the past, no-match letters were sent only to employers with the largest number of problem files, and created no obligation to follow up. In fact, one version of the letter advised employers that “You should not use this letter to take any adverse action against an employee just because his or her Social Security number appears on the list, such as laying off, suspending, firing, or discriminating against that individual. Doing so could, in fact, violate state or federal law and subject you to legal consequences.”
As you can imagine, after that caveat most letters were just thrown away.
The new rule sets out common-sense steps an employer must take upon receiving a no-match letter to ensure that he won’t be held liable if the worker turns out to be an illegal alien. Social Security is now sending out these letters to employers with more than ten mismatches that make up more than one half of one percent of its workforce — covering about 80 percent of all mismatches. Most employers are likely to follow through the process and, if necessary, fire those workers who turn out to be illegals (most of whom will likely have left anyway by that point); while some may re-hire the workers off the books, “An employer who does that,” as Secretary Chertoff points out, “is making a deliberate decision to compound their legal difficulties by committing tax crimes as well as immigration crimes.” (In other words, “You may not think much of my department, but the IRS isn’t fooling around.”)
The underlying rationale for ensuring that no-match letters are acted on by employers is to turn off the magnet of jobs that attracts — and keeps — illegal aliens here. As it becomes harder to get a job, and as the jobs illegals can get are less stable, sneaking across the border or overstaying a visa will become less and less attractive, and illegals already here — especially those with fewer attachments — will start deporting themselves.
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I’m not surprised at all. Disappointed? Yes, but not surprised.
San Francisco…need we say more? I am at a loss to understand why a judge has problems with Social Security fraud by illegal immigrants. I thought judges were supposed to uphold the law and enforce them. Tell me..if an American citizen was committing Social Security fraud, would it be necessary for “breathing room” before a decision was made?
As Gomer Pyle would say …
“surprise surprise surprise” …
San Francisco strikes again … and on the same day we actually get something reasonable out of the 9th Circus of Appeasement …
Someone should immediately see if and just how many illegal aliens this judge has cleaning her house, doing her laundry, mowing her yard … etc …
Thanks for your ever present vigilance Michelle … truly a never ending battle we find ourselves embroiled in …
Can we find out exactly which “labor unions” are fighting this? … sounds like a good target for some responses and maybe even boycotting …
“Breathing room” = “fait accompli”
Even though this particular Lawgiver-In-Black is a Clinton appointee, it wouldn’t have surprised me any if she were a Bush41 or Bush43 appointee.
Amazing, and the compromising of US citizens’ identities ao ss benefits is a non-issue for the illegal lobby and an ‘American’ union.
FYI, Lou Dobbs reported on this last night, glad to see MM on it too.
(or as Miss Teen South Carolina would call them, “U.S. American workers”). Actually,I think she has this right. We have undocumented Americans,undocumented immigrants and all sort of hyphenated Americans. My ancestors are from Germany, but I am a U.S. American.
I am 1/4 hispanic, but I define myself by my country and beliefs, not by my gene pool.
MM–doing the reporting the MSM won’t do. Thanks for the story!!!!!!! Big Labor shows its true colors.
Seriously, Who Are These People? and how did they get into my government?
Does this affect the entire nation?
And under what Constitutional authority does this Judge override the Congress of the United States?
Color me confused.
I take it back, the ninth circuit court of appeals still sucks.
There may have once been a time, long ago and far away, when unions were interested in protecting American jobs and providing good wages.
why bring up miss south carolina? I agree with you on this issue, but that was just a cheap, and unnecessary, shot.
U.S. District Judge Maxine Chesney …
Impeach the b*tch and remove her for violating her oath of office. She is corrupt.
Again, the courts are over stepping their power of interpretation. The Constitution isn’t a living document and the framers mad it very clear THE JUDICIAL BRANCH HAS THE LEAST POWERS!
Taylork, “Pageant Girl” is loving this attention. without googleing, can you name the winner of that beauty contest? if so i’m impressed.
I like the Gomer reference, its sooooo fitting. I’m starting to think all the Judges in this country are hooked on sniffing model glue.
ajmontana
morning … I just saw some more detail on the FNC website … seems that DHS was ready to send out 140,000 notices to employers regarding mismatched SSN’s … now they can’t until this lame-brained judge issues a ruling on 10/1 …
that means at the minimum 140k possible identity thefts continue for at least another month … and if some of those letters are going to “large businesses” or to “large union shops” then that number would increase dramatically because one letter probably covers significantly more than one incident of a mismatched SSN …
obviously the unions are against this because they don’t care whether it is a legal identity or identity theft … either way they are still pulling in the “dues” off of those that are illegals … sort of hits their pocket doesn’t it?
Good Morning,
Can I get that name? Bingo! another cookie.. if I went on you would make the cookie monster look like twiggy.
I know exactly where my ssn # is being used, well at least one place. The county of San Bernardino. And I would be willing to wager it was either sold, leaked or both by someone in human resources. Are they doing anything? Bingo! if you answered “No” you get a cookie.
side note. San Bernardino County is larger than alot of States and Countries.
ajmontana
I can relate … never been to Minnesota in my life … but the IRS says I worked there and owe them money as a result …
Still fighting with them …
That sucks.. Dont cha know… lol feeble attempt at a minnesotan
I recalled you being a Fraud Victim as well…I do feel you’re pain.
I have lived abroad for over 28 years and each day that passes I see America torn apart from within….everything from Islamo-Fascists , illegal immigration, to, do nothing pandering politicians, leftist elites, and a host of judges that are trying to experiment with the very fabric that makes America…America!!! It is so frustrating to watch this erosion the side lines…What will there be left for our children???…….
Now this is more like the rulings I have always seen and expected from Federal Judges from the People’s Republic of San Francisco. An incompetent judge that needs more breathing room to twist the current laws to suit her agenda instead of adhering to the immigration laws of this nation.
Thomas Jefferson was right when he stated we had to fear the judiciary in losing our individual freedoms. Thank God they gave us the 2nd Amendment escape clause in the US Constitution. We are quickly reaching a tipping point where we may have to refresh the tree of liberty with the blood of tyrants.
Amen to that Boomer…can’t have too many 2nd amendment rights in the house.
The big labor unions are, and have been for some time, shrinking and in danger of becoming totally irrelevant. They, like their politician buddies in the Dem Party, see the millions of illegals as a new victim class to exploit and thus provide their salvation.
labor bosses:illegals:Dem pols/jurists
Just one big happy family, marching arm-in-arm into a future workers’ paradise.
Ditto. Sanctuary city of Chicago. Even Patrick Fitzgerald refused to enforce this one. Dirty illegal probably registered Democrat.
1) Had the SSA been able to do this in the past, I would nto have the identity theft issues I have today
2) Desert…I feel your pain. You will prevail. here’s what I did:
-Get a good attorney
-Have them serve an injunction against the business who supposedly paid you, and force their operations to shut down until they provide the employment paperwork
-Include IRS in the notification of the injunction
My Spidey-sense tells me we are very, very close to a national tragedy. I don’t want this to happen, but I feel the only way we (the victims of illegal alien identity theft) can unite and destroy this foe is to serve injunctions against Every business and agency that offers jobs, aid, and support to these crimes.
Something has to get our ship sailing straight again.
“breathing room” = we need more time to come up with a technicality to justify not enforcing the law.
How would this violate worker’s rights? If the employee has proper and appropriate identification, then NOTHING HAPPENS to the employee. It is not burdensome for individuals to make sure they have proper and appropriate identification.
As far as being unfairly burdensome on employers – why? Employers are already supposed to check the employment eligibility (proof of citizenship or work visa) of people they hire. Why would it be unfairly burdensome for employers to simply do what they are supposed to do in the first place? If they do, then they will get very few “no-match” letters.
Abuse of power in the Government? Sure is when a single judge has the power to do this.
Help me out. Who’s the bastard here, Marbury or Madison.
Well, there goes any safeguard for those who are prospective victims of identity theft! The unions get their monthly stipend for dues to promote their liberal agenda, and the judges rule the world!
What a surprise.
Next thing you know we’ll have welcoming centers for illegal aliens and call them “new Americans.”
Oops, we already have than in Mexinois under our corrupt Gov. Blago. Nothing helps a Democrat stay in power like a steady stream of “new Americans” and jackpot babies who vote Democratic.
At least our Miss Teen South Carolina had the courage to call them, “U.S. American workers” which brings the question of Illegal Alien criminals to light.
Bush must be in heaven. He and the judge agree on every point. If there is one thing Bush and the Democrats believe in, it is that the American worker must be reduced to serfdom.