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By Bruce Buchanan, Sebelist Buchanan Law
The Justice Departmentís Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, reached an agreement with Brickell Financial Services Motor Club, Inc., d/b/a Road America Motor Club, Inc. (Road America), headquartered in Miami, Florida. The settlement resolves the IERís investigation into whether the company violated the Immigration and Nationality Act (INA) by discriminating against work-authorized immigrants when verifying their work authorization.
The IER concluded, based on its investigation, that Road America routinely requested that lawful permanent residents show their Permanent Resident Cards to prove their work authorization but did not request specific documents from U.S. citizens. The investigation further revealed that Road America required lawful permanent resident employees to re-establish their work authorization when their Permanent Resident Cards expired, even though federal rules prohibit this practice. The antidiscrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on the employeesí citizenship or national origin.
Under the settlement, Road America will pay a civil penalty of $34,200 and pay $1,044 to compensate a worker who lost wages due to its unfair documentary practices. Road America has also agreed to post notices informing workers about their rights under the INAís antidiscrimination provision, train their human resources personnel, and be subject to departmental monitoring and reporting requirements.
Unfortunately, the errors made by Road America are common among many employers. A good immigration training program could avoid these mistakes.
Please email your letters to firstname.lastname@example.org
In ancient Greece, actors wore masks and were therefore known as people who were under (hypo in ancient Greek) masks from which they answered (krites in ancient Greek). Actors were also considered as dissemblers, which led to the origin of the English word "hypocrite".
By his airstrikes against the Syrian airbase which the Russia-backed Assad regime used to launch its crime against humanity in the form of poison gas attacks against Syrian civilians, including young children, Donald Trump struck a blow in favor of and sent a strong message of support for human rights.
But unless he follows international law and starts admitting the victims of Assad's gas attack, hospital bombings, and other atrocities too numerous to mention, the president will inevitably be open to charges that his airstrikes were just a mask and that underneath the mask, he is nothing more than a play actor - a hypocrite.
The following will begin a series of discussions of international conventions which the US is a party to and which require the president to take action to admit Syrian victims of one of the world's worst human rights abusers to the US. This discussion is based on an article by Freedom House entitled:
Syrian Refugees: A Primer on International Legal Obligations
I will begin with the Universal Declaration of Human Rights, which, as Freedom House explains, was adopted in 1948 by the UN General Assembly in connection with the UN Charter. All 193 member states are bound by the UN Charter.
Article 14 provides:
Everyone has the right to seek and enjoy in other countries asylum from persecution.
This right may not be invoked in the case of persecution genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
One can justly ask what "non-political" crimes did the Syrian babies who were buried by their father after they died in Asaad's gas attack carry out? What acts did they commit that were contrary to the purposes and principles of the United Nations?
What threat did these, or the estimated up to half million other innocent Syrian civilians who have died in Assad's shelling, aerial attacks blockades, prisons and torture chambers pose to the peace and security of the United States?
Is it not time for the president to come out from under his mask of hypocrisy toward Syrian refugees, put an end to the play-acting, and answer the demands of America's moral and legal obligations to begin admitting them to the United States under international law?
To be continued in forthcoming comments.
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, he has been helping mainly skilled and professional immigrants from diverse parts of the world receive work visas and green cards.
Roger's email address is email@example.com
Updated 04-17-2017 at 03:15 PM by ImmigrationLawBlogs