Civil and labor rights groups have filed a lawsuit against a new Department of Homeland Security (DHS) rule that allows the Department to throw any US citizen or legal resident out of work using “no-match” letters that inform an employer of alleged discrepancies between employee records and the Social Security Administration database, even when the government is responsible for the error. Original stories from the Pressesc.com website and the San Francisco Sentinel. A discussion thread on Stormfront alerted me to this story.
The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the American Civil Liberties Union (ACLU), the National Immigration Law Center (NILC) and the Central Labor Council of Alameda County, along with other local labor movements, charged in the lawsuit filed today in the United States District Court for the Northern District of California that a new Department of Homeland Security (DHS) rule will threaten jobs of US citizens and other legally authorized workers simply because of errors in the government’s inaccurate Social Security earnings databases. The defendants include the Department of Homeland Security, Immigration and Customs Enforcement (ICE), and the Social Security Administration (SSA).
Click HERE to view the 17-page text of the suit in PDF format.
Under the new rule scheduled to go into effect on September 14th, 2007, many workers in the US could be required to be terminated if their erroneous SSA records are not fixed within 90 days of an Social Security Administration (SSA) "no-match" letter being sent to an employer. SSA intends to begin sending out notices to approximately 140,000 employers enforcing the new rule beginning next Tuesday, September 4th. Around 8,000,000 employees could be affected. Such "no-match" letters have already been used, but have been strictly advisory in nature. They now become actionable.
The groups point out that the new DHS rule imposes liability based on failure to respond to an SSA "no-match" letter, even though SSA errors are caused by many innocent factors such as typographical errors and name changes due to marriage or divorce, and the use of multiple surnames, which is common in many parts of the world. Many of these same problems have also emerged with the transition into "Real ID"; back in March 2007, an Alaskan author, Heather Lende, chronicled her difficulties in renewing her drivers license after the Alaska Department of Motor Vehicles adopted some of the new rules. And, of course, most people are also familiar with DHS's infamous "no-fly" list, which originally allowed for no appeal and for which the criteria was once kept secret. Overall, since its formation, DHS seems to have been friendlier to al-Qaeda than to the American people.
And this new rule, ostensibly developed to combat illegal immigration, could inflict massive collateral economic damage on American citizens. According to the Office of the Inspector General in SSA, 12.7 million of the 17.8 million discrepancies in SSA's database – more than 70% – belong to native-born US citizens.
Here's how the process is advertised to work. When a database discrepancy occurs, SSA sends "no-match" letters to certain employers advising them of such. an employer who receives a "no-match" letter is required to give the employee 90 days to resolve the data discrepancy with the huge SSA bureaucracy, a formidable challenge, the rights groups pointed out. However, on the other hand, employers who fail to fire workers could be considered to be knowingly hiring illegal workers and could face criminal prosecution or fines of $2,500 to $14,000 per worker.
But here's what detractors fear: They believe that rather than go through this burdensome process, some employers are likely to simply fire workers whose names appear on the letters — including US citizens and other authorized workers — without giving employees a chance to correct the information. "At-will" employment permits employers to fire employees under a wide variety of cirumstances, and "at-will" employers are most likely to fire employees under this circumstance.
Some detractors also believe, based on prior experience, that "no-match" letters will also be used by employers to get rid of what they call "nuisance" workers. "This rule is a new tool to repress workers' rights in the name of phony immigration enforcement," said John Sweeney, President of the AFL-CIO. "Employers have used SSA "no-match" letters to fire workers when workers try to organize, when they report a wage claim or workplace hazard, or when they get injured. The new rule gives employers a stronger pretext for engaging in such unlawful conduct".
However, DHS condemned the lawsuit and defended the pending changes. DHS press secretary Russ Knocke said, “This lawsuit is an obvious attempt to impede the department’s ability to enforce our immigration laws. It is completely without merit and we intend to fight it vigorously”. Knocke further stated that “The no-match regulation gives employers a clear way to deal with a no-match letter within a generous period of time - 90 days. The rule assures employers that if they follow the procedures laid out, they can avoid liability. Those employers who disregard no-match letters in the future should expect serious consequences”.
Here is what the Social Security Administration has posted on their website:
The Department of Homeland Security (DHS) has issued a regulation on the “Safe Harbor Procedures for Employers Who Receive a "No-Match" Letter.” This regulation clarifies the employer's legal obligations under the current immigration law and provides additional guidance on the steps employers must take after receipt of an employer "No-Match" letter from SSA or a letter from DHS regarding employment verifications. [Ed. Note: Pay particularly close attention to Page 3 of the "Safe Harbor" Regulation; it clearly places the burden of proof on the employer/employee, and none on the government. It also clearly states that in the event of an impasse, the employer has only two alternatives; fire the employee or risk being considered a deliberate violator of the law.]
SSA is not currently changing its procedures for issuing "No-Match" letters or its guidance on how to correct Social Security records. In addition, SSA has no tax or immigration law enforcement role. However, DHS has advised, that the information provided in the "No-Match" letter could expose the employer to potential liability under the immigration law. To provide employers with guidance on how to respond to "No-Match" letters consistent with employers' obligations under U.S. immigration laws, SSA's release of the Tax Year 2006 "No-Match" letters will be accompanied by a letter from the DHS. SSA plans to release the TY 2006 "No-Match" letter to employers beginning in September.
It also appears as if the SSA is further copping out by sloughing off some responsibility on ICE.
Analysis: While I'm not particularly a conspiracy wonk, it seems strange that the three programs advertised to control immigration, the USA Patriot Act, Real ID, and now the enhanced "no-match" program are so cumbersome and pose a greater threat to American citizens than to illegal aliens. Countless American citizens have already been victimized by the bureaucratic labyrinths of the Patriot Act and Real ID, and more will follow in the wake of the enhanced "no-match" program.
And considering how much of America's elected plutocracy favor amnesty for illegals, access for foreign truckers, and selling our roads and ports to foreigners, one must wonder if measures like the USA Patriot Act, Real ID, and enhanced "no-match" are deliberately made cumbersome to get mainstream America, out of sheer bureaucratic frustration, to abandon the fight for immigration reform and allow America to be transformed into a Third World country in exchange for "getting the bureaucracy off our backs".
America has a two-headed plutocracy that does not represent mainstream America. On the right side is an economic plutocracy who wants open borders to bring in immigrants to drive down wages and water down job safety standards in order to maximize profits. On the left side is a cultural plutocracy with a variety of concerns. Some are idealistic and want to save the world through massive income transfer from the "haves" to the "have-nots", regardless of the behavior of the "have-nots". Others, particularly self-hating white liberals who've been pumped full of anti-white propaganda at our secular universities, are so put out at the fact that whites have "oppressed the world for 500 years, yada, yada, yada" that they believe the only way to make up for it is to deconstruct white America completely. So, in the name of "diversity" and "multiculturalism", they want to flood our country with non-whites to pay down this so-called "karmic" debt. The problem with the latter solution is that it hurts EVERYBODY regardless of race. Majority non-white cities like Detroit are far more dysfunctional than other cities. And if you visit the Los Angeles Sucks blog, you will find how large swaths of Mexicanized L.A. have likewise become dysfunctional.
Then, as sort of a hybrid, you have the holocaustophobic Jewish lobbies. Because Jews have experienced considerable oppression throughout their history, many of them believe that Jews cannot survive in an ethnic state. Consequently, everywhere they go, they promote diversity and multiculturalism. You'll find secular-progressive Jews at the forefront of many socially-destabilizing movements such as the civil rights racket, the feminist movement, and the gay rights lobby. Secular-progressive Jewish domination of the media and the entertainment industry has coarsened and corrupted our culture, relentlessly sexualizing our society and imposing the lowest common denominator upon us. This problem has become so pervasive that now innocent Jews are suffering fallout. In other words, they are setting up their own people. They even corrupted Reform Judaism; a 500-page "Kudanu" containing blessings for transsexuals has just been published and is used in Reform synagogues.
And guess what? It's not just those "horrible neo-Nazis" talking this way anymore. Mainstream Americans like Susan Purtee and her sister, who look like they just stepped off the set of Mayberry RFD, are now discussing these issues publicly. Charges of "racism" and "anti-Semitism" no longer have any effect. The truth is bound to emerge, and, one way or another, it will emerge.
Most importantly, we cannot allow the government's obvious csmpaign to change our minds about illegal immigration through bureaucratic overload succeed. The ACLU and its allies are to be commended for going to war on this issue. We must take back our government from the plutocrats.