Judge Bars Bush Crackdown on Illegal Workers
Welcome to our open-borders judiciary:
A federal judge barred the Bush administration today from launching a planned crackdown on U.S. firms that hire illegal immigrants, warning of the plan’s potentially “staggering” impact on law-abiding workers and companies.
Issuing a firm rebuke of the White House, U.S. District Judge Charles R. Breyer of San Francisco granted a preliminary injunction against the government’s plan to pressure employers to fire up to 8.7 million workers with suspect Social Security numbers starting this fall.
President Bush made that plan the centerpiece of a re-energized enforcement effort against illegal immigration after the Senate rejected his proposed legislation to overhaul immigration laws this summer. But the ruling — made at the behest of major American labor, business and farm organizations — highlighted the chasm that the immigration fight has opened between the Republican Party and its traditional business allies.
The ruling also called attention to the gulf between Washington politicians’ rhetoric about the need to curtail illegal immigration and the economic reality of many U.S. employers’ reliance on illegal labor, as well as to the government’s inability to find adequate tools for identifying illegal workers.
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Build the fence NOW!
This is not for a Federal Judge to decide.
This is not what the Founding Fathers had in mind with regard to the balance of powers.
I think we will see this get appealed and overturned.
Either Immigration law is the law of the land or it is not.
And what interpretation of Federal Law is the judge making here that is consistent with the spirit of the law.
It won’t stand.
Show me the Judges foresome and Bingo! Cant be upseting his golfin buddies.
SF? Ninth Circuit. Color me not surprised with this ruling…
Law-abiding????? Are you kidding me?
Well, there you go.
If I, born and raised in the US, tried to use a fake social security number to get a job or create a new identity I would rightly be put in jail and charged with a crime. It is beyond my scope of comprehension that we can look the other way when known law breakers commit additional felonies.
Should I contact the Judge when my SS# is stolen?
Two Words: Activist Judge
Bullseye!
Another case of judiciary legislation.
And it’s a judge from San Francisco.
On the other hand, the plaintiffs being big business tells me that the shamnesty bill in the summer was at the behest of big business in cahoots with the open borders crowd.
It’s getting harder to tell which side the players are on any more.
And this confirms my suspicions as to where the push for the NAU is coming from.
Mine has been stolen, being used by someone that works for the County of San Bernardino and NOTHING has or is being done about it.
How to make a mockery of law and order part 9,999.
Took the words right off of my keyboard.
Bear is right, this will not stand. Sadly, the appellate court will have to overrule the 9th once again.
Let’s see, if they don’t have an SSN, or are using a fake SSN, or a stolen SSN, isn’t that an adequate tool for identifying illegal workers?
If you are legal and using your legal SSN–you have nothing to worry about, unless an illegal immigrant has stolen it from you.
I think there is going to be another Civil war in the next 10 years. Our Gov’t doesn’t care about it’s own citizens.
Bear -
Well, neither is the mayor giving his blessing on gay marriage…but that doesn’t stop these guys out here in SF from thinking their sorry butts can rule the world.
OK, don’t yell at me here, (I AM NOT A TROLL I SWEAR) but this is how I’ve heard it explained to me, and I would tend to agree.
IT is the private business’ responsibility to be sure that their workers when hired have a Drivers license / social security number or other valid ID.
IT is NOT the private business’ responsibility to go tracking down the legitimacy of each and every workers information (just not feasible). And how would they do this and still stay within the law….they couldn’t JUST do it to the persons of Latino decent. They would get HOSED in discrimination lawsuits. (Damned if you do, damned if you don’t).
IT IS THE GOVERNMENT’S JOB to be policing this type of stuff, not the private corporations. If the worker provided all the valid information, then yes, the private corporation is abiding by the law.
HOWEVER, if the corporation finds out otherwise, they have a responsibility to report this to the INS. Not sure if that happens or not. Probably not.
By asking the private corporations (or public for that matter) to be responsible for this type of policing (which was a direct result of the government’s screw up to begin with) is not right., either .
It really is a sticky wicket.
One can’t help but wonder if this process was expected to be halted in the first place. I don’t like to think about conspiracy, but you have to ponder if this was the expected end result (A court throwing it out). Why bother passing laws the MAJORITY want when the ALMIGHTY courts can stop it from even being?!?@#$ Since when did the Courts get the power to go above the law themselves… This must change, otherwise we’re back and forth til it really no longer matters.
#16
“I think there is going to be another Civil war in the next 10 years. Our Gov’t doesn’t care about it’s own citizens.”
Sadly, I agree.
I have been thinking and sometimes saying this myself for the last 5 years or so-that decent people will reach a limit beyond which they will not be pushed.
The rot just seems so far gone….
The citizens are being set up.
I am sure Bush could care less what this judge decides.
Remember, he wants illegals to live in peace and harmony (translated to - chaos and lawbreakers galore).
Maybe we should all make up SS #s on our taxes this year. That ought to keep ‘em busy for a year sorting it all out. WE can always claim “reason of the insane” running our country.
Tell them that we decided to follow the new world order of illegals.
Is it an “Economic reality” that we need slave labor from Mexico?
Ok… One more comment. We are in the age of computers people. So checking a social is a matter of minutes to type it in and click a button. When the results come back with say, John Smith, and the new hire having a name like, Sven Ingmar, Ali Hubar, or Jose Perez, it seems pretty easy to determine their legal status. Doesn’t seem like much effort to me.
For a federal district court judge, this is way beyond the scope of his duties. There is an impeachment process for federal judges who go off the reservation, and this just might be a worthy case.
If he wishes to legislate, he needs to run for Congress.
A brief bio on the judge http://www.fjc.gov/servlet/tGetInfo?jid=2719
None should be surprised that the judge(pttui!) is located in San Farce-isco.
However, being one who is taking Bush’s stance on illegal immigration over the past six years, I have no problem believing that he and the judge were complicit in this decision.
Where can I get a Matricula Consular card? I want to open a new bank account and get an extra driver’s license.
I am not in agreement with this. There ARE willing American’s here to do these jobs. E.g. the meat packing plant that had that raid, next day, pleanty of citizens were in line for their jobs. What about contractors and construciton? 90% of the construction workforce (which is hurting right now and suffering layoffs) are latinos (legal and illegal) - what say you about that? I know pleanty of Americans who were layed off from construction that would love to have their jobs back in place of a non-citizen!
“Slave labor” I am hoping you meant as a hyperbole.
it had to be freakin San Francisco liberal lawyers
The decision contained the line:
Read accounts of raids that have happened recently. Innocents, actual innocents (i.e. legal US residents and citizens) have been roughed up and detained. Some of those detained turned out to be illegal, others legal.
What the judge said is that you are not allowed to randomly rough up and arrest people because you suspect that some of them might be illegal. The Constitution says the same thing.
Now, if the Bush administration had any competent people left, they would find a way to enforce immigration laws without violating the constitutional rights of legals.
Breyer was nominated for the district court position in 1997 by…wait for it…Bill Clinton. And…
besides Nancy Pelosi, co-founder of the Wine Caucus incidentally, which others “esteemed” members of the House and Senate own vineyards, hotels, or restaurants that employ illegals? Hmmm…?
Has anyone mentioned that the lawsuit was brought by the ACLU (surprise surprise), and the AFL-CIO?
Somebody is brown-nosing for a SCOTUS nomination in ‘09.
#26 - you’ve got the government (halfin’ it) on one side and the ACLU on the other. We can’t blame the corporations as much as we’d like.
If they KNOWINGLY hire an illegal..yup, throw the book at ‘em.
But not ok to ask them to do the job “their government is just not willing to do”.
Called my Congressman’s ( Roy Blunt) office in DC yesterday and told him ” am madder than a wet hen being chased by 3 foxes in the coup about what is going on.” Now that I read this I am really mad.
Just want to say hi to everyone as this is my first post
ed
.
That’s funny, I must have missed the part where the judge based his ruling on someone being “roughed up” Seems more like a ruling based on personal feeling and or special interests.
But on the same hand, in the line of work I do, if you run, most likely you’re going to get just a bit roughed up from being tackled and taken to the ground.
I would take any accounts reported in the MSM with a block of salt.
First, I did not see where the judge said that specifically. Second, if abuses did occur, there is an individual remedy under the law for those so abused. That is no reason, none, to block an entire program.
This judge bases most of his decision on issues that are not law but are public policy. Judges do not make policy. Elected representatives make policy.
And what about the policy of enforcing existing laws? This judge has stopped the enforcement of a law he is sworn to uphold, just because he does not like it. That is not only wrong, it is engaging in an action far beyond any authority he has.
But here is the real problem - do we rely on the Bush Administration to fight this judicial travesty when they are so pro illegal? Kind of like relying on an arsonist to put a fire out in your house.
TMoney, don’t forget your Bank of America Home loan!
So if I assume they aren’t law abiding, ie, illegal aliens, then it’s OK? Where do we get these judges? Oh that’s right, BJ Clinton.
I’m with Bear1909, I believe this will be overturned. In the meantime, doesn’t this judge have a street fair to attend? (Just asking…)
I called my Congressman’s office yesterday and told him” I am madder than a wet hen being chased by 3 foxes in the coup.” But after reading about the court ruling I am really angry now.
Just want to say hi to everyone as this is my first post. Have enjoyed the reads for several weeks now so I decided to jump in.
*claps for lgm.
On topic and did not open with a Michelle bashing comment.
Not feeling well today?
Alas, you were wrong however.
Why doesn’t this surprise me !!!
There is supposed to be a new database up and running through ICE which allows employers to run SSN’s and verify citizenship. Employers now have no excuse. The citizenship of every applicant should now be verifiable before hiring.
At least I think it’s up and running. I seem to recall a press conference showing it off to the MSM. Chertoff was all bubbly explaining how this new sysem would solve everyone’s problem.
The Bush Administration should have taken a different tack, to the same effect.
Make all employers responsible for 100% of FICA withholdings for all employees whose SSN’s are invalid.
All you had to see was San Francisco.
Military = bad
Illegal Immigrant = good.
I don’t think having employers send the SS# to the Social Security Administration for verification is too much to ask, Babe. It could have the added benefit of letting actual citizens know if someone’s stolen their ID if the info is shared with the victims.
I’m just amazed to actually see the phrase “Bush Crackdown on Illegal Workers”. I’m thinking “since when?”
feebiebabe
There is a fault in your logic on the documentation.
The employer doesn’t do the investigation and is not burdened with it at all.
New employees have their SS reported to the government.
They come back with the no match letters.
The burden is then on the holder of the card to prove they are a valid holder or lose the job.
The only burden the employer has is reporting the data and complying with the law if a mismatch occurs.
From personal experience I have had my social security number lifted.
I must be a busy boy since I am working based on the reports from the Social Security people doing the investigation in the states of Florida, New York , Ohio and California and Texas all at the same time.
You wouldn’t want to pay my gas bill getting to work.
One of the faults with the last immigration bill was that employers were going to use an online system to verify the SS numbers.
However per the bill, you could not submit the SS number for verification as a job pre screen.
You had to hire them first before you could do the check and then get tied up in the who adjudication and appeal mess, required under the legislation.
Somehow I don’t think this ruling dissapoints George Bush…in fact I bet he conferred with his fellow traitors to ensure that the borders and foreign invaders remain exactly as they are….in our faces!!! I am beyond sick and tired of the attempt to destroy this country by any means possible…When will it come down to riots in the streets because i am about ready NOW!!!
maisy
That is an over the top and unjustified characterization.
Feebie-
Not trying to argue here, Feebie. You raise a point that I want to speak to, so I hope it doesn’t come across as pejorative or scolding or rebuking you.
You are raising a point that should be spoken to in some depth. So here goes….
But it is each and every employers legal responsibility to determine whether any applicant is legally eligible to work in the United States.
The assumption is employment eligibility laws will be enforced.
Therefore, a legitimate business is beholden to those laws if they are to be in legal compliance with the law of the land.
When an employer says “I run a legitimate” business, this is in part what it means.
And if the employers assume they will be audited by an enforcement unit, even at random, or with some degree of regularity- with stiff fines and maybe jail time for non-compliance- then they are likely to comply.
But with no threat of enforcement, there will be no effort to comply. Employers will backslide.
Therefore, having said this, each employer is required to run a background check on each and every applicant. “Gut feeling” or visual stereotypes are not the standard: the background check on every hire is the standard.
The idea that only illegal looking applicants would be screened is misleading. Screening and background checking is the LAW and it applies to all- equally.
Fake documents will not bear out the applicants who are out of synch with the law. No drivers license? No social security card? Then the applicant must furnish a passport. Passports should display all relevant visas for work eligibility.
No passport or anything? Sorry, I cannot hire you. That is the law amigo. Hasta luego!
What if they are stolen? Then there are crosschecks that can be run. All the employer has to do is use a qualified background checking service to identify criminals, illegals, and identity thieves. Get the address used on the application- call the authorities and rip em out of the neighborhood, the entire familia. Gone.
Sorry. The USA is a hard place to be if you are illegal. Game over. Bye. Feeling lucky and want to repeat the process? Cool. 25 years hard labor in a reduced amenities correctional facility for one year with the rest of your sentenced to be served in an undisclosed location for violating our sacred laws of citizenship.
The American employers of record, the illegal aliens they hire who have hiring authority (and who are turning a blind eye using their supervisory cover to shield the employer), and American banks that allow illegals and criminals to open accounts under aliases etc, are on the side of our enemies on this one.
The penalties for them should be: 1) loss of all business assets; 2) loss of all personal property; 3) 10 years of hard labor at an undisclosed offshore facility.
The penalties should make this kind of crime Unthinkable.
But it will take a dirty bomb going off in an American city for violators like Speaker of the House Pelosi, US Senator Barbara Boxer, and US Senator Feinstein, and a whole host of other elites in government and industry to GET IT that this idea of having 30 million people here illegally is going to change the fabric of this country forever.
They brought this case in San Francisco in order to (1) get a looney judge that would grant such a silly ruling and (2) cause the 9th Circus Court of Appeals to review it. If the Supremes don’t grant cert, it could stand. Ironic that the judge said it would have a staggering impact on law abiding workers. Failure to act is what will cause a staggering impact on law abiding citizens.
OK….so I must assume that these must be companies that do no hire suspect workers.
So let’s say I have a lawn service, meat packing, or whatever company and I follow the law and hire only people who are legal citizens.
My competitor(s) have chosen to hire “cheaper” labor and have made alot more money for themselves during this time.
Now this will continue due to this ruling….fair, no?
Now let’s say this judge keeps his ass out of business he has no right to interfere in…
I see an increase in my business due to more demand, as my competitors can no longer meet their customer’s needs.
Therefore I have to hire more people to meet demand (some of which were legal employees of my competitor’s who have gone out of business due to their practices), promote and give raises to my better workers to retain them, and reap the benefits of having worked hard and followed the law.
Benefitting from following the law is the “staggering impact” we must avoid?
That’s your Chamber of Commerce in action. Time to kick those crooks out of the party.
lgm
Please provide a cite for me in the judges ruling where he says this.
The cynical part of me thinks Bush knew this would be the result and now he can shrug his shoulders and tell “well, I tried”.
Rather than calling your politicians, it might be more fruitful to contact your politicans employers. In other words, find the phone number of your local Chamber of Crooks.
Make it a federal tax issue:
Prove all of your employees are legal. If you cannot or do not, you will be taxed on the profits you made due to lower labor costs.
Eliminate the benefit of hiring illegal labor and employers will kick it to the curb. They will be forced to a) hire legals or b) lie and hire illegals, plus have to commit fraud.
Simplistic? Hell yes. But it works something like this: “Let me get their [gold]in my pocket and their ass will follow.”
Time tested political force that never fails.
This will be overturned as usual with this court. Per the immigration act it is illegal to hire illegal aliens and are subject to fines.
Again as I’ve said before the court is beyond it’s scope. Per the constitution the judicial systems is the least pwerful of the branches.
I am really getting tired of judges legislating from the bench. Just once I would like to see one thrown in jail for violating the US Constitution. I know wishful thinking. I am totally disgusted with this subversive branch of the Government.
This just what we have come to expect from Clinton appointees. Those that do not vote for the Republican candidate, for whatever reason, will be responsible for more of the same. Sometimes the difference between the lesser of two evils is great.
feebiebabe said”IT is NOT the private business’ responsibility to go tracking down the legitimacy of each and every workers information (just not feasible). And how would they do this and still stay within the law….they couldn’t JUST do it to the persons of Latino decent. They would get HOSED in discrimination lawsuits. (Damned if you do, damned if you don’t).”
There are numerous examples of private business being required to enforce Federal Law and regulation. One example that I am familiar with is in the Banking industry.
Bankers MUSTreport all cash transaction of $10,000.00 or more, record cash transactions of $3,000.00 or more, and if they don’t there are not only penalties for the Bank, but the person that did not so report or record can go to prison. I do not buy your argument.
Hopefully the 9th Circus will somehow, miraculously, get it right, or the Supreme’s will review and get it right.
Congress has the power to remove them, if it wanted to. But it likes what they are doing.
Submitting a false SSN is a felony, punishable by five years in jail and a quarter million dollar fine.
The question is, why are these felons being let off with merely being fired, which is all that will happen to them if this nitwit in robes is overruled.
The judge’s lawnboy/poolboy is probably on the list. When will these wacky judges stop blocking the government from doing it’s job.
Thank goodness I still have my 2nd amendment rights…I do, don’t I? Their sure going to come in handy before long, Im afraid.
Greetings, if accepted this will be my first post.
BEFORE 9/11, I needed to show my current employer a drivers licence & a passport… in turn they issued me an employee ID card… I then used this card to REGESTER TO VOTE.
From my office window I look out over ground zero & pray for the the 9th curcit …I pray that they go to hell.
One of the few rights the 9th Circus hasn’t been able to take yet despite several tries. One reason when the fun begins I am confident Idaho will be able to stand and fight the insanity. This is a great 2nd Amendment state.
I just exercised my 2nd Amendment rights recently with the purchase of a new firearm.
2nd ammendment is still in effect but I wouldn’t wait too long to stock up. January 2009 might start the downward slide
I just exercised my 2nd Ammendment right to get rid of some racoons that were making a wreck of the crawl space under my deck.
KER-BLAMSKEE! KER-BLAMSKEE!
Nyuk-Nyuk-Nyuk! The illegal landscaping crew next door was out of Dodge in two seconds flat. And the little masked sleepin varmints under the deck, well, they took a little longer to get their stuff together, but they be long gone.
Que pasa, Dudenos?!?!?!
Better living through Buckshot.
Does Bush really want to win this case? I’m beginning to wonder.
We need to get to the Supreme Court and alas we’ll have millions more illegal immigrants and deceitful employers before it does.
So mad I could spit
I’m fixed pretty good for firearms right now, but have been stocking up on ammunition (can never have too much ammo). Although I have been eyeing a couple of his and her shotguns to add to the family arsenal.
Bear1909 it took me a while to finish laughing from the previous post. Should of started screaming La Migra! They wouldn’t have stopped running until they hit South of the border.
70 posts and no one has mentioned that this judge is the brother of Stephen Breyer?
If this goes to the Supreme Court will Stephen Breyer have to recuse himself?
Can someone explain how “law-abiding” companies can get in trouble for affecting the law?
This makes me so angry. Someone has taken my SS# and is using it to get gainful employment. I have income reported to my number that is NOT mine.
Guess what?
No one cares.
I’ve been sent around and around and around to different agencies to report it, and no one cares.
If we stopped this at the root- enforced the law- this wouldn’t be an issue.
Ugh.
Ninth Circus of Appeasement strikes again
Charles R. Breyer
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.
He has never practiced any level of the law anywhere in his life except San Francisco.
Need I say more?
DL..
appeasement and displeasement
My latest order: Russian made are best
http://www.atlanticfirearms.com/programming/expand.asp?Prodid=422
Here in AZ we passed a law that has stiff fines for hiring illegals that has passed its first court test … starts with fines … and continuing to violate the law can result in the lifting of a business operating license …
tim … looks pretty familiar … lol …
This past weekend while working in a law enforcement capacity, I was called to deal with a group of Mexicans who were drunk & disorderly. One ID I was given was something called a “Resident Alien” card allegedly issued by the DOJ & Immigration. It stated that this card allowed the holder to stay in the USA, reside and work “Permanently!” I can speak Spanish fluently and said this is a phoney document isn’t it? (I know you have to be careful calling anything phoney now) They looked down and sheepishly smiled. One guy drove up, had no license nor insurance but had a late model pickup truck. I made them all walk back to their camp & confiscated the keys of the truck. The owner of the false work document asked for it back and I told him to keep walking. He did not protest. This is one little spot in a remote area of TN. Multiply this by ? millions nationwide. I could easily make these cards on my computer and probably sell them. Someone obviously is by the millions. We are doomed by these stupid judges and they need to be removed from the bench. How that is done is up to we the people.
sorry, phony.
I’m sure the Coyote-in-Chief fought this ruling tooth and nail.
The administration from what I’ve been able to glean from news report lately may be adopting a 2-pronged strategy to thwart enforcement.
1. Overly aggressive border patrol actions, including harassing genuine Hispanic U.S. citizens, in order to tie up enforcement in the courts.
2. Targeting farms workers as a priority to try to raise food prices and get Americans to lament enforcement.
Impeachments of Federal Judges is long overdue.
I find it very curious why a federal case, a case that has national components, would be tried in S.F. ninth district other than, anything of government coming down there would be ruled against. And then, hearing who sponsors this blockage is a shock. Many of which are organizations one might think are for the good of society such as the ACLU and AFL/CIO. But get this, Lou Dobbs reported the AFL/CIO has 600,000 illegals paying union dues.
Here’s my real point. Coming into America illegally is a civil misdemeanor. Using a false SSN is a felony level crime punishable by variations of 15 years in prison. So this “judge” is aiding and abetting illegals which in itself a federal crime. So is this not the perfect storm, a criminal judge protecting criminals and the Federal Government standing by with a limp wrist (Bush’s favorite cheerleader pose and Mr. Lettuce Head supporting with “you go girl”). The Feds should impeach the Ninth District Court and throw Breyer in jail.
If the Social Security Administration is in such a mess, fire them all. At the least, Congress should conduct hearings on the inability of the SS Admin to do their job. That’s for starters. Then, the judge should be impeached. Finally, Bush should be held responsible for failure to uphold the laws of the United States and protect its citizens.
I’m sorry I ever voted for Bush.
The SS admin is not doing their job? Is that a surprise? The list of federal government agencies that ARE doing a good job is very short. The federal government, with it’s union, job for life mentality is ineffective and in efficient. I agree with people who say that at least 1/3 of federal expenditures are wasted. You can thank the union backing, socialist democrats for the sad state of government. Bottom line: Cut the federal budget, cut taxes, and live with a much smaller government.
This case needs to go to the Supreme Court, and fast. California politicians and judges are messing up the whole coutry.
There’s no constitutional basis for this insane liberal judge’s ruling. Is anyone surprised that this idiot is from San Francisco? The President can, and should, ignore the order and go ahead with his plans. Right after he does that, he should pardon the two border agents. Then, he should announce to the entire liberal judiciary to kiss his arse.
The DOJ needs to investigate the Ninth Circuit, any court that gets overturned more often than its upheld has a serious problem.
hats off to you bear…no offense taken, however, i still think it is a governements problem being pushed back up on the private businesses.
but you have a very sound argument. i am tempted to rethink my position…
The 9th Circuit? Why am I not surprised with this ruling?
not going to happen. yesterday i saw on fox news that our coyote-in-chief is trying to get a retrail for a mexican double murderer on death row in texas. seems the international court of the haig ruled the trail proceedings in texas were improper.