Judge Blocks Illegal Immigrant Crackdown

DHS Can't Punish Businesses Whose Workers Have Mismatched Social Security Numbers

(CBS/AP)  A federal judge on Wednesday granted a request by labor and civil liberties organizations to temporarily block the U.S. government from proceeding with a plan to crack down on businesses that may be employing illegal immigrants.

U.S. District Judge Charles Breyer said the Social Security Administration and the Department of Homeland Security could not go ahead with a plan to send joint letters warning businesses they'll face penalties if they keep workers whose Social Security numbers don't match their names.

Breyer said the new work-site rule would likely impose hardships on businesses and their workers.

"The plaintiffs have demonstrated they will be irreparably harmed if DHS is permitted to enforce the new rule," Breyer wrote.

"On the other side of the scale," he added, "the government would suffer significantly less harm as a result of a delay in the rule’s implementation."

The ruling goes to the heart of the Bush Administration's crackdown on illegal immigration that has resulted in a record number of undocumented workers being rounded up in raids across America, reports CBS News correspondent Bob Orr.

More than 50 suspect workers were recently arrested at 11 McDonald's restaurants Reno, Nevada. Another 160 were grabbed at a Fresh Del Monte Produce packing plant in Oregon.

In all, more than 4,000 undocumented workers have been arrested this year, about 10 percent more than a year ago, adds Orr.

The so-called "No Match" letters were supposed to start going out in September, but labor groups and immigrant activists filed a lawsuit claiming the plan would put a heavy burden on employers, and could cause many authorized immigrants and U.S. citizens to lose their jobs over innocent paperwork snafus.

The government, however, argued that the rule doesn't impose an expense, and some businesses want to avoid liability for hiring undocumented workers.

The Department of Justice's Civil Division spokesman Charles Miller said in a statement today, "We strongly disagree with the court's decision. We are currently reviewing Judge Breyer's opinion and will consider our options, including an appeal."

On Oct. 1, Breyer requested time to consider the legal arguments presented by government attorneys and plaintiffs, which include the AFL-CIO, the American Civil Liberties Union, the U.S. Chamber of Commerce and a number of other business and labor groups.

A large portion of the mismatches in the Social Security Administration's records are believed to stem from illegal immigrants who make up fake Social Security numbers to get a job, though there are also instances of name changes and typographical errors involving U.S. citizens.

In August, Homeland Security Secretary Michael Chertoff announced the agency would start notifying businesses that if workers were unable to clear up problems with their Social Security numbers within 90 days, they would have to be terminated. If not, their employer could face criminal fines and other sanctions.

According to government attorneys, the rule simply clarifies employers' obligations under immigration law and gives them clear guidelines on how to handle mismatched records. Until now, the Social Security Administration regularly notified employers of discrepancies, but employers were not required to act.

The measure was scheduled to take effect in September, with the mailing of about 140,000 letters, each containing the names of 10 or more employees with mismatches in their records. Approximately 8 million workers would be identified as having discrepancies.

The San Francisco federal court blocked its implementation after the suit was filed, issuing temporary restraints until the judge could determine whether the plaintiffs would suffer damage if the government were allowed to go forward with its plan.

Attorneys representing businesses associations argued the Department of Homeland Security's plan would place a costly burden on them that could lead to the needless firing of employees. That, in turn, would open them up to lawsuits, and charges of discrimination.

Civil liberties organizations joining the suit pointed out the rule would likely lead to the violation of the rights of many legal workers who might have made a mistake they couldn't correct before deadline.

[terrorislam1]

Posted by gunnerv1 at 03:35 PM : Oct 11, 2007

it was and still is the muslims that practiced slavery

[gunnerv1]

Terrorislam1 You have it wrong about the South. Prior to the Civil War, The North would not let the South Industrialize and would not give a decent price for the Ag. goods grown/made in the South. That is one of the Major reasons for Slavery (And while your at it don''t blame the White Man for slavery, Blame Portugal, They are the ones who started slavery in the New World) Don''t go to K-12 History Books, they are too slanted toward BS!))

[gunnerv1]

The only hardship it would impose is that the Biz''s would lose their cheap labor force. This is the ideal time for the liberals to really raise the Minimum Wage rate so that it would be worth someones while to do the jobs in question. It''s a win-win situation, we get rid of the illegals, the minimum wage goes up and the welfare recips. can get a decent paying job! TA Dah!!!! How can we go wrong? No No, Don''t thank me, Just Do It!

[terrorislam1]

deport all illegal immigrants to iraq and afghanistan...

deport all employers of illegals to iraq and afghanistan...

close down and level all sancturary churches...

take away federal funding to all sanctuary cities... then implement marshall law in them...

it is supply and demand economics idiot... increase the wages and you will have all the workers you need...

the south used the same excuse for slavery...
the usa does not need slave labor... the usa does not need to go down that road again...

[bizzzz-2009]

"Bad judges come from the left and the right--the one thing you can depend on is that they are Establishment judges. The Kennedy McCain Amnesty Bill, which was supported by Bush, shows conclusively that support for illegal immigration runs across the entire mainstream political spectrum..."

Princowhales,
How about staying on the topic at hand you liberal freak? This judge, APPOINTED BY BILL CLINTON, is advocating and condoning identification theft- yours, mine and every citizen in this country. Stop f$cking blabbering about "the other side makes mistakes too.." and realize that the Clinton''s decision to appoint this j@ckAss could lead to the identification theft of potentially 8 million Americans. EIGHT MILLION!!!
If it''s not such a big deal to you and your ignorant liberal buddies? Why are liberals constantly calling for Bush''s head? After all, he''s only human just like you and me and this ACLU appointed piece of sh$t judge.

[Netterz]

Last I knew, it was a judges job to ''interpret and enforce the law'' of this country. When did we start allowing them to change, twist, totally ignore the law? Illegal is ILLEGAL. We have let them skate far too long. Now we are facing having to cover the BILLIONS of $ that these people have stolen from us. Bank of America gave BILLIONS in credit cards, loans, mortgages to illegals, and now there packed up and gone back across the borders, and were stuck footing this bill too. Millions have been scammed by identity theft. Do employers run background checks? I personally believe, that these employers KNOW who is legal, who isnt. They hire for the cheap labor. They claim they do work that Americans dont want to do. BULL$HIT! I know many legal people who would do ANYTHING just to be bringing in a paycheck, but cant find a job, or have to work 2-3 jobs, just to keep a roof over ther heads and feed there kids, and try to get a little health insurance. WHY are we allowing the harboring of these illegals? Its a felony. WHY are they allowed to have free gov''t $ and health care, from a system I have paid into my entire life, only to find out, that when I need it, I am not elegible? Politicians dont care, they know going in, that these things will all be well taken care of, because of the priveledged insurance and retirement programs, at phenominal pay, and free healthcare, they have convieneintly set up for themselves on your dime.

[gcrosen1]

Hey, Mr. Judge, how about someone else using your SSN for a few years? What if they file a federal tax return before you do and they scam your refund in early January? Then it becomes personal and it is no longer a political issue. Then your income tax account with the IRS is screwed up for years and the SSA may have to even issue you a new SSN. What if you have to carry a file of documents around with you for two years to prove who you are and that the SSN you used forever is now in question? Why don''t you look at it from the ID theft victim''s point of view. The intentional misuse of another person''s SSN is a federal felony violation NOT an illegal alien/immigrant issue. Comprende?

[liberalme]

Just another judge---bought and paid for.

[cryonbrian]

While Americans were so busy discriminating against each other, the illegal aliens were taking over! Bwa haa haa

[prinzowhales]

Bad judges come from the left and the right--the one thing you can depend on is that they are Establishment judges. The Kennedy McCain Amnesty Bill, which was supported by Bush, shows conclusively that support for illegal immigration runs across the entire mainstream political spectrum.

The so-called ''Reagan Reforms'' were a fraud and were mainly designed to fob off demands for control of the border.

Pat Choate, the VP candidate with Ross Perot, noted in the Sears TV case, that a federal judge held up and sabotaged the open and shut case against the importers of TVs...these black-robed vermin are corporate lawyers who serve corporate interests.