The old saying that the leftists turn to the courts to get what they cannot obtain legislatively has never been truer...
Here we have a coalition of decidedly left-leaning organizations appealing to a San Francisco, Clinton-nominated, judge who received her legal training from the University of California at Berkeley, for a temporary restraining order (TRO) against the Department of Homeland Defense and other Administration Agencies to prohibit the enforcement current and long-standing immigration laws.
Since this is a "Temporary" restraining order, the parties to the suit must re-appear in court to argue that a "permanent restraining order" (PRO) be issued or that the TRO should expire without further action.
While we are not claiming that the judge is prejudicially biased, we are claiming that this judge may be so inclined as to issue the TRO whereas a more conservative judge would have simply denied the TRO motion on the grounds that the law requiring workers to have a valid social security number is clear, unambiguous and valid and that the designated agencies have the right and duty to enforce the law, as written, without regard for the consequences to any person other than a citizen of the United States.
By claiming that a certain class of citizens may be inappropriately caught up in the agency's enforcement activities is a bogus argument as innocent people have been charged with crimes that they did not commit since the beginnings of the criminal justice system.
Framing the issue...
Effective September 14, 2007, all employers are required to take specific actions in response to a "no-match" letter which states that the social security record on file with the government does not match the information submitted by a prospective or current employee or face action from the government.
The intent of the measure is clear: do not hire anyone who is not using a valid social security number. The results of enforcing existing law are clear and unambiguous:
Any person who is in the country illegally and does not have the proper social security credentials to work will be fired or denied a job.
Any person who is attempting to use or has used an erroneous social security number, no matter what the source, is now being put on notice to correct any legitimate problem with their social security account or face disclosure and the loss of employment.
Any person, such as those who owe back child support or are fugitives from the government and are working with false identity documents and a bogus social security card will now be identified and face the loss of employment.
The Federal government is also making it clear to employers that they need to follow established procedures to avoid being penalized for knowingly providing employment to someone without a proper social security number. From the Federal Register reference listed below:
SUMMARY: U.S. Immigration and Customs Enforcement is amending the regulations relating to the unlawful hiring or continued employment of unauthorized aliens.
The amended regulation describes the legal obligations of an employer, under current immigration law, when the employer receives a no-match letter from the Social Security Administration or receives a letter regarding employment verification forms from the Department of Homeland Security.
It also describes "safe-harbor'' procedures that the employer can follow in response to such a letter and thereby be certain that the Department of Homeland Security will not use the letter as any part of an allegation that the employer had constructive knowledge that the employee referred to in the letter was an alien not authorized to work in the United States.
SO WHAT IS THE PROBLEM?
The problem is that there is an unholy alliance between
- employers who want cheap labor;
- unions who need the dues to all employees, both legal and illegal, to survive and project their political influence;
- politicians pandering to a potentially large voter bloc;
- those in the government and elsewhere who want "open borders" when it comes to employment, trade and immigration issues;
- the deep-pocket lawyers and lobbyists whose continuing income comes from representing both sides of the argument; and
- America's enemies, both foreign and domestic, which have a vested interest in damaging our social fabric, our economy and would like nothing better to see the citizens of the United States divided against themselves to weaken America.
All conspiring against the law-abiding, tax-paying citizen whose identity, credit history and work ability is being stolen while, at the same time, being overly taxed to subsidize housing, healthcare, education and a host of other social services, including our criminal justice system, in order to allow these illegal aliens to work for employers for reduced wages. And as a side effect, modifying the culture and fabric of our cities into those of a third-world nation.
Who are these individuals who are attempting to flout the existing immigration rules and regulations?
Starting with President Bush and members of his Administration, members of congress starting with Senators Ted Kennedy, John McCain, Jon Kyl, the United States Chamber of Commerce acting on behalf of their deep pocket big employer contributors, big labor unions representing the service trades such as those in construction, meat-packing, hospitality (hotels, restaurants, resorts, casinos), and the socialists, leftists and "do-gooders" who support leftist coalitions and organizations such as the American Civil Liberties Union (ACLU) who want open borders... all conspiring, for their own personal, political and profit related reasons to screw the average American citizen.
The bogus issues...
The primary issue being cited is the potential disruption of an allegedly fragile United States economy that would be further damaged by plant closings and the disruption of the nation's food supply by the loss of able-bodied workers. The secondary issue is that "obvious" targets such as Hispanic workers might ensnare legitimate immigrants with full and complete documentation.
The first consideration, regarding the potential disruption of the economy, may be valid but inestimable. Growers who have resisted automation for years in favor of cheap labor would be putting money into the farm machinery sector as they automated. While the resultant higher prices for produce and other farm products might be higher, the greater efficiencies and lower cost of labor may also offset there higher prices. As with all economic matters, as with all economist's estimates -- one never knows the truth until someone tries the experiment.
As for the second consideration, only those with bogus credentials would be inconvenienced. There would be no reason to even approach anyone not a subject of a "no-match" letter. For those whose social security accounts may be legitimately in error, the same answer applies to those law-abiding citizens who have found that their state department of motor vehicles accidentally reported an erroneous ticket on their driving record. Early notice allows one to correct the problem before reaching retirement and the potential loss of income while the inconsistencies in the office records are being sorted out.
But will the government mount a vigorous defense to this matter and apply the law?
I am more concerned that our government, President Bush and his Administration, will not mount a vigorous defense of the present immigration laws any more than they enforced, or should I say ignored, the law before. Here we find the agencies involved, the Department of Homeland Security, the Department of Justice, the Social Security Administration all on the side of the illegal immigrants and those who would employ them. Witness the Secretary of Homeland Security, Michael Chertoff, and the Secretary of Commerce, Carlos Gutierrez, both campaigning for the SHAMnesty legislation introduced by Kennedy and McCain.
An Administration WIN-WIN?
Sounding like the socialists, communists and other leftists of old, the largest labor union (AFL-CIO), themselves infiltrated by hard-line leftists, claim that worker's rights are being repressed in the name of phony immigration enforcement.
The not-so-funny truth is that they may be completely correct in their assertion. How is one to know if the Administration, conspiring with others, is not attempting to ratchet up the pain felt by ordinary citizens in able to generate a "public outcry" for a re-consideration of the SHAMnesty legislation which was so narrowly defeated in the previous month?
On the other hand, the Administration's attempt to vigorously enforce current immigration laws may be extremely attractive to their conservative base of the Republican party and thus result in a win-win situation for the Administration.
What can YOU do?
Notify the President and the Administration's Department of Homeland Security, Department of Justice, and Social Security Administration that you stand with them in upholding the current laws as written.
Notify your elected officials that you expect them to support the Administration's effort to uphold the present "laws of the land" and to craft stronger and unambiguous legislation which would prevent the United States from being over-run with foreign individuals that will materially affect the social and economic values of the United States in favor a rational plan of immigration.
As for those illegal aliens here already, give them an ultimatum: you have sixty days to register as an alien resident or face immediate deportation if encountered by any law enforcement officer. Develop a tamper-proof identity card which can be used as a base credential. Provide special driver's licenses to those with proof of insurance and the adequate training that is required by all citizens. Deny the possibility of citizenship to anyone illegally here now. Develop safe harbor requirements to allow these people to remain in the United States with a "temporary" work visa ... subject to certain conditions involving crime and the use of social services.
Demand that Congress put forth legislation that makes the citizenship of any child born on American soil the same as their parents. No more misconstrued or tortured construction of the 14th Amendment.
Do not vote for any candidate or presently elected official that tried to subvert the United States by proposing, supporting or voting for the original SHAMnesty legislation... even if they have tried to rehabilitate their reputation by offering stronger measures or make speeches that claim that they want to enforce present laws. They lied once and will, in all probability, to continue to lie ... and thus they should be denied access to public office.
Remember America belongs to us, the law-abiding, tax-paying citizens. It is neither a right nor privilege for a foreign-born citizen who swears allegiance to a foreign entity to enjoy the rights and privileges of American citizenship. Especially those who broke our laws by coming here illegally or who have overstayed their welcoming visa.
Become well-informed on the current issues because this may be the last election in which we, the people, can protect the United States from enemies, both foreign and domestic.
-- steve
A reminder from OneCitizenSpeaking.com: a large improvement can result from a small change…
The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane. -- Marcus Aurelius
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