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Greg Siskind on Immigration Law and Policy

NATION'S LARGEST UNION SUES TO BLOCK NO MATCH RULE; SSA EXPECTED TO MAIL 150,000 NOTICES IN COMING MONTHS

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The AFL-CIO as well a number of other unions and immigrant rights groups, have jointly filed a lawsuit to block the implementation of the Social Security Number no match rule scheduled to take effect in mid-September. The suit contends that US citizens would face discrimination because they appear or sound foreign and that the US government is not equipped to ensure that such workers status is properly verified in time to meet the regulation's verification deadlines.



The Social Security Administration has told the LA Times that it intends to send out about 150,000 no match letters over a two month period. Such letters normally cover ten or more workers so the number of workers affected could number in the millions.



Business groups are also independently urging DHS to delay implementation of the rule for six months. According to the Times, those groups include major industry associations like the National Restaurant Association and the Associated General Contractors of America.



The complaint can be found here and the memorandum in support of the temporary restraining order can be found here.



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Comments

  1. alfie's Avatar
    So basically they're suing because they wouldn't be able to exploit illegal workers for wages that are a fraction of the minimum wage. Their argument sounds very shallow since it's not really rocket science to photocopy your SS card and give a copy to your employer. If the card is valid there shouldn't be any problem.
  2. Another voice's Avatar
    Alfie,

    You are missing the point completly they are suing so inocent people do not get affected by this and unjustly lose their jobs while some government beaurocrat gets his/her act together. If someone is here on a work visa they will have a very small window to act before they have to face very stiff penalties and other legal troubles. You can not honestly say that beaurocrats at the SS administration are the sharpest tool in drawer. I think you are the person that is being narrow minded and shallow. And you are clearly unable to analyze a legal argument objectively. Go back to watch Lou Dobbs if you do not have an intelligent argument to add to the discussion and let us know when you grow a brain it may take a while.
  3. Calouste's Avatar
    Alfie,

    In case you didn't notice, it is a union filing the lawsuit. You might want to read up on the purpose and goals of unions, but I can give you a hint, it's not having their members' wages undercut by lowly paid illegals.
  4. Limbo's Avatar
    If the unions win, this will not be a victory for any kind of CIR legislation, as people will rightly become skeptical about the feds ability to enforce immigration law, which, of course, was a supposed selling feature of CIR.

  5. Another voice's Avatar
    Limbo I agree but is better for them to have their act more together and know that they can handle what is coming to them before they try to enforce something that is going to create a lot of problems. Government agencies are not flexible, adaptable or quick to fix their mistakes and with this no match rule that is a scary proposition. The law suit will ensure that there is no wrong doing for anyone and they are actually equiped to handle this.
  6. Anonymous's Avatar
    It is clear that a tamper proof card is needed. Perhaps a fingerprint. Of course the ACLU would have a fit about that.
  7. Anonymous's Avatar
    BTW, I agree with the union. I don't see how you can enforce the law without discriminating and profiling. We need tamper proof documents so businesses aren't put in that type of situation.
  8. alfie's Avatar
    OK. I'm shallow. Can someone please explain to me how can an innocent person be affected? You have a SS card with a name and a number on it issued by the SSA. You receive SS statements every year. If the name and the number do not match in the SS computers, you would've figured this out after so many years.

    Also no company would fire a foreign worker on any kind of visa because this person can simply present a different document (for example a visa stamp, I-94 for work visa, etc.) to show they have the right to work. Then the company would have reason to believe they're legal and keep them until the SS glitch is resolved. If you want to educate yourselves, please download form I-9 and look at the page with the list of acceptable documents. There is simply no way you can't prove you have the right to work here unless you're indeed illegal.

    (Now I'm waiting for the ultra-liberals' running-at-the-mouth mindless attacks...)
  9. alfie's Avatar
    I read the complaint and I can tell you that it doesn't hold any water. If 90 days is too short a period, then I-9 recertification is definitely not unreasonable or capricious, and any sane person would want to resolve the no-match ASAP because they'd be losing SS contributions. Nobody wants to make SS contributions to a no-name account which cannot be claimed upon retirement. Again the only innocent person who may be affected is a 16 or 18 year-old who just started working for McDonalds and received their first paycheck. Everybody else would be receiving SS statements and would be following the amount of their earnings and would immediately correct any problem if those earnings stop accumulating due to no-match, etc. People with foreign names and pseudonyms would know exactly what name to use already.

    I know many of you are mad because illegals won't be able to break the law any more, at least in industries where SS is required and they're not paid off the books. You should be ashamed of yourselves. These people need to be legalized and they need to start using the system so they are no longer exploited for below minimum wage and so their SS contributions don't go to no-name accounts. But of course nobody wants to legalize them. This country needs second class citizens who can be mistreated and paid $2.50/hour.
  10. Legal and waiting's Avatar
    Alfie, you appear to have a cerain unhealthy obsession with liberals. It's not good for you, you know ;-)

    How someone can be hurt with these rules? Easy - go to a local DMV and hang out at the licence reinstatement desk. Now imagine these people (Americans, no high school degree, all documents in disarray, functionally illeterate, can't fill out a single application) trying to comply with the letter.

    How do you think ICE is deporting Americans?
  11. Anonymous's Avatar
    This may be one of the few times I side with "my loyal opposition" so cherish the moment ;-)

    "You receive SS statements every year. If the name and the number do not match in the SS computers, you would've figured this out after so many years."

    I have never - not even once - had any type of verification that my SSN was in fact mine. Yes, I get statements. But how is that verification that I exist?

    I think you could detect obvious fraud - example being the same SSN is used in three different parts of the country. However, one of the uses could be legit - say the rightful owner of the SSN moved. So the rightful owner gets is is flagged also.

    I think the SS Administration could implement some sort of fraud detection that allowed us to check up on our own SSN. I would like to know if someone else is using my SSN so I could put a stop to it.

    Bottom line is that we need fraud resistant documents. What we have now makes it way too easy for people to steal our identities.
  12. chris's Avatar
    This is what the ACLU reported
    "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 U.S. citizens."
    So, looks like the SSA is going to be busy.
  13. Patrick's Avatar
    I think the issue of illegals undercutting wages is just a bunch of crap. I think there are tons of jobs that go unfilled everyday. I really think we need to figure out a way to provide work visas for people to come in and be employed in this country. What we DONT want is for them to bring their families and get a free ride. Here is how we should implement a fail proof system

    1. Provide work visas based on employment.

    2. Only the worker is allowed into the country, the rest of the family cannot tag along.

    3. Health benefits should be provided for the worker by the employer.

    4. If a worker loses his job or is indulges in criminal activities, they are deported with no return

    I think this system will make everyone happy. We will not see have problems with overcrowding schools/hospitals and it will atleast ensure that we maintain modicum in our neighbourhoods.
  14. Beta_mle's Avatar
    Patrick: You got to be kidding. You have to treat people with respect and dignity. There is no way you are going to attract quality workers if they cannot bring their families with them. Your ideas sound harsh and that kind of harshness is really unbecoming of the USA. Also, pride goes before a fall and if people think that permanent residence in their country is too good for certain other people, maybe our skills are too good for America. It is a fact that America has always thrived on imported brains. If the flow is stopped, America would be a different place in 50 years, lagging behind so called third world countries. America needs immigrants just like immigrants need America.

    Some Americans seem to think that living in this country is exclusively bestowed on them by God. They seem to forget that history is a very messy story and that the first Europeans who came did not have visas, and that they pillaged the Indians to build this country. Now I believe in law and order, and playing by the rules, but I also believe in common sense and fairness and that justice should be tempered with mercy.
  15. I's Avatar
    "2. Only the worker is allowed into the country, the rest of the family cannot tag along."

    Why not.....Another beneficiary to this restriction will be the bordellos industry, which patriotically uses natives....
  16. paskal's Avatar
    here is an example- my wife's name is mis spelt on her ss card. we applied to correct it in 2004. got no response (promised in 3 mnths) and finally reaaplied in 2007. now we were told that since she did not have a job (she is a student and it was summer semester) they would not entertain the request- so it's ok to have a mismatch because ??? finally now that she is teaching on campus we returned to the office- this time they actually took the application again- and had the gall to tell us that "this card should never have been issued- the name does not match your documents". finally after 3 years....
    it's a very messy system. it's good to have verification in place, but the sytem needs to be functional first before punitive measures start getting handed out.
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