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Greg Siskind on Immigration Law and Policy


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Lou Dobbs gets all the glory for turning returning CNN into the anti-immigrant news network but give a little credit to Jack Cafferty who is doing his part as well.  Take this well reasoned little piece -- please!  Mr. Cafferty would like to lecture us on the finer points of the law. Today he's upset about the delay of the implementation of the new no match rule recently issued by the Department of Homeland Security:

Here's how the DHS program would work: If an employer finds out an
employee's information doesn't match Social Security records and the
employee can't clarify the issue within 90 days, the employer would
have to fire that person or risk being prosecuted. In other words, if
the employee obtained his job under false pretenses and was working for
the company illegally, he would be fired. Seems simple enough, except
when you have an activist judge intent on subverting the law.

Actually, Judge Breyer is concerned about DHS subverting the law.  Every federal agency is required to follow something called the Regulatory Flexibility Act before they can release a final regulation.  The RSA requires an agency to demonstrate that it has looked at the impact a regulation will have on small business and has drawn up the regulation in a manner designed to achieve the policy objectives with the least damage to the nation's businesses.  This is not mean that the no match regulation would not ultimately be issued.  But it does mean that DHS has to at least think through how they track the rules and implement them.  Did DHS do that in this case?  Not according to the Small Business Administration which last week issued a letter to Secretary Chertoff expressing concerns over justice issue.  If the DHS' own sister agency is questioning whether the law was violated, is it unreasonable for Judge Breyer to also be concerned?

Another major question regarding the new regulations is what to do when an innocent American is incorrectly identified and no match letter.  No match letters have been issued by the system security administration for several years.  This rule setting a 90 day clock to correct problems or forcing employers to terminate employees is what is new.  And what we've seen for the last several years is that the Social Security Administration has a terrible record when it comes to quickly correcting problems.  And that means that US citizens stand a significant risk of losing their jobs because the SSA is incapable of doing its job.  Mr. Cafferty -- would you like to explain to one of those citizens why everything is so simple? Have you dealt with the SSA? Were you completely satisfied with your service? They're about to issue 140,000 letters covering an average of ten workers per letter. Don't you worry how the agency will be able to deal with a million plus individuals? Even if only a small fraction need corrections, the agency will still be overwhelmed and getting the problem before the 90 day clock is up is simply not realistic.

Judge Breyer has delayed the start of enforcement for 10 more days
while he examines the legality of the issue. Huh? This law has been on
the books for a long time without challenge. What exactly is the
problem here?

Actually, Mr. Cafferty, this is where it would help if you actually did some homework before commenting.  This law has NOT been on the books for a long time.  The regulation was issued August 14, 2007 to be precise.  It was set to take forced in mid-September.  A lawsuit was filed within hours of the regulation being issued in the court has acted with lightning speed to address the issues in the challenge. If you bothered to do any research (or asked a competent assistant to do the research for you), surely you would have not bothered to make this statement.

It's an absolute disgrace, and Judge Charles Breyer should be ashamed of himself.

Mr. Cafferty -- I don't expect you to show any shame. That's too much for which to hope.  But there was a day when CNN held itself out as a world-class journalistic organization.  Long gone are the days when nothing went on the air without at least some basic fact checking.  CNN's decline has been long and steep and the fact that the world's largest news network allows this type of trash to be aired or published under its own name is the real disgrace.


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  1. dennis gilmore's Avatar
    This is exactly why it is so hard to fix. I voted democrat for the last twenty years or so. Next year count me as a republican. After watching the last democratic debate not one would stop sanction towns.
    It is time to make a stand do the math there are a lot less companies then immigrates. It is to our advantage to stop them from hiring them and they won't come.
  2. Dream Act guy's Avatar
    You should email your comments to Mr. Cafferty, if you haven't done so already.

    I wonder if he's going to issue a retraction, but I doubt it.
  3. chris's Avatar
    Why does it seem that so many journalists have been taking "stupid pills" since Bush was elected? I don't know, but it seems contagious.
    Well, thankfully they moved Dobbs from his 5:00 p.m. and 10:00 p.m. daily jihad against immigrants program on the west coast about a year or maybe two years ago. He comes on here at 3:00 p.m. pacific time now, which causes some less irritation for me. I rarely have to see his face.
    To those with eastern, central, or mountain time zones, you have my sympathy.
    Judges will decide the case, and all the whining by Cafferty or Dobbs will change nothing.
    At the very least, I don't see how the government gets around the fact that the DHS didn't do an economic impact assessment.
    Also, the 90 day requirement seems rather harsh to me since the SSA hasn't ever dealt with this no match policy in which they'll have approximately 17.9 million U.S. citizens trying to correct their information generally at the same time.

  4. limbo's Avatar
    I know this is off topic, but I can't help but vent. What the heck are the senators doing sitting around wasting time talking about Rush Limbaugh? Who cares about that ego maniacal windbag!!?? He's a bleedin' radio talk show host for Pete's sake. Meanwhile nothing is being done to fix real problems like the broken immigration system!!?? Something is desperately wrong here.
  5. Another voice's Avatar
    This guy is just trying to extend Lou Dobbs to other CNN shows. This news channel is getting worst than FOX News I am definetly not watching!!
  6. BILLY's Avatar
    hello to every sending this to TAX PAYING AMERICANS..
    ever notice why illegal aliens way of life is moving up while the american taxpayers way of life is on a downward spiral..

    Subject: FW: Joe / Jose
    >> What an eye opener
    >> There are two families: "Joe Legal" and "Jose Illegal".
    >> Both families have two parents, two children, and live in California.
    >> Joe Legal works in construction, has a Social Security Number and makes
    >> $25.00 per hour with taxes deducted.
    >> Jose Illegal also works in construction, has NO Social Security Number,
    >> and
    >> gets paid $15.00 cash "under the table".
    >> Ready? Now pay attention...
    >> Joe Legal: $25.00 per hour x 40 hours = $1000.00 per week, or $52,000.00
    >> per year. Now take 30% away for state and federal tax; Joe Legal now has
    >> $31,231.00.
    >> Jose Illegal: $15.00 per hour x 40 hours = $600.00 per week, or
    >> $31,200.00 per year. Jose Illegal pays no taxes. Jose Illegal now has
    >> $31,200.00.
    >> Joe Legal pays medical and dental insurance with limited coverage for
    >> his family at $600.00 per month, or $7,200.00 per year. Joe Legal now
    >> has $24,031.00.
    >> Jose Illegal has full medical and dental coverage through the state and
    >> local clinics at a cost of $0.00 per year. Jose Illegal still has
    >> $31,200.00.
    >> Joe Legal makes too much money and is not eligible for food stamps or
    >> welfare.
    >> Joe Legal pays $500.00 per month for food, or $6,000.00 per
    >> year. Joe Legal now has $18,031.00.
    >> Jose Illegal has no documented income and is eligible for food stamps
    >> and welfare. Jose Illegal still has $31,200.00.
    >> Joe Legal pays rent of $1,200.00 per month, or $14,400.00 per year. Joe
    >> Legal now has $9,631.00.
    >> Jose Illegal receives a $500.00 per month federal rent subsidy. Jose
    >> Illegal pays $500.00 per month, or $6,000.00 per year. Jose Illegal
    >> still has $ 31,200.00.
    >> Joe Legal pays $200.00 per month, or $2,400.00 for insurance. Joe Legal
    >> now has $7,231.00.
    >> Jose Illegal says, "We don't need no stinkin' insurance!" and still has
    >> $31,200.00.d
    >> Joe Legal has to make his $7,231.00 stretch to pay utilities, gasoline,
    >> etc.
    >> Jose Illegal has to make his $31,200.00 stretch to pay utilities,
    >> gasoline, and what he sends out of the country every month.
    >> Joe Legal now works overtime on Saturdays or gets a part time job after
    >> work.
    >> Jose Illegal has nights and weekends off to enjoy with his family.
    >> Joe Legal's and Jose Illegal's children both attend the same school. Joe
    >> Legal pays for his children's lunches while Jose Illegal's children get
    >> a government sponsored lunch. Jose Illegal's children have an after
    >> school ESL program. Joe Legal's children go home.
    >> Joe Legal and Jose Illegal both enjoy the same police and fire services,
    >> but Joe paid for them and Jose did not.
    >> Do you get it, now?
    >> If you vote for or support any politician that supports illegal aliens...
    >> You are part of the problem!
    >> It's way PAST time to take a stand for America and Americans!

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