JUDGE TEMPORARILY HALTS INITIATIVE TO BAR ILLEGAL IMMIGRANTS FROM THE WORKFORCE
A federal judge has issued a temporary injunction to block the Department of Homeland Security’s controversial plan to keep illegal immigrants out of the workplace. For the time being, employers will not be forced to fire workers whose social security number does not match federal records. More deliberation is expected from a US District Court before a final decision is made. The temporary injunction will remain in effect until the litigation ends, which will likely last until next year.
Judge Charles Breyer said the program “would result in irreparable harm to innocent workers and employers” due to errors in the social security administration’s records. He also felt that workers and business owners would suffer more from immediate implementation than the government would with a delay.
QUICK BACKGROUND. Under the Bush administration’s program, employers would be notified with a “no-match letter” if an employee’s social security number is bogus. After receiving the letter, the employee has 90 days to clarify any discrepancies. If unable to do so, the employer must either fire the worker or face fines as high as $10,000.
The program was originally set to being September 14, but was challenged in a lawsuit filed by the American Civil Liberties Union, labor groups, ect. Defendants include Homeland Security, U.S. Immigration and Customs Enforcement and the Social Security Administration. The defendants are considering appealing the decision in the Ninth Circuit Court.
As you can imagine, many business owners (such as restaurants and vineyards) are concerned about the initiative. Wineries specifically are concerned that prices will go up if they are forced to hire legal workers.
“Judge Breyer acted today to protect small businesses across the country... We share the judge's concern about the government's proposal potentially costing lawfully employed workers their jobs, and we believe the ruling sends a strong message that the government must carefully consider the cost and implementation of new regulations before making demands of the nation's small business community,” said John Gay, senior vp of the National Restaurant Association.
Judge Charles Breyer said the program “would result in irreparable harm to innocent workers and employers” due to errors in the social security administration’s records. He also felt that workers and business owners would suffer more from immediate implementation than the government would with a delay.
QUICK BACKGROUND. Under the Bush administration’s program, employers would be notified with a “no-match letter” if an employee’s social security number is bogus. After receiving the letter, the employee has 90 days to clarify any discrepancies. If unable to do so, the employer must either fire the worker or face fines as high as $10,000.
The program was originally set to being September 14, but was challenged in a lawsuit filed by the American Civil Liberties Union, labor groups, ect. Defendants include Homeland Security, U.S. Immigration and Customs Enforcement and the Social Security Administration. The defendants are considering appealing the decision in the Ninth Circuit Court.
As you can imagine, many business owners (such as restaurants and vineyards) are concerned about the initiative. Wineries specifically are concerned that prices will go up if they are forced to hire legal workers.
“Judge Breyer acted today to protect small businesses across the country... We share the judge's concern about the government's proposal potentially costing lawfully employed workers their jobs, and we believe the ruling sends a strong message that the government must carefully consider the cost and implementation of new regulations before making demands of the nation's small business community,” said John Gay, senior vp of the National Restaurant Association.
posted at 9:22 AM
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