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Feds won't enforce rule on firing illegal immigrants
The Atlanta Journal-Constitution ^ | 25 Dec 2007 | Mary Lou Pickel

Posted on 12/24/2007 9:32:03 PM PST by BGHater

'No-match' letters to employers won't be mailed as appeals court decides case

Employers will get a pass this year on rules that would have required firing illegal immigrants.

The Social Security Administration says it will not mail out "no-match" letters this year to more than 138,000 employers nationwide.

The program was stymied because of a lawsuit by a coalition of labor, business and civil liberties groups.

No-match letters inform employers that a worker's name and Social Security number don't match. There can be a variety of reasons, but sometimes that's because the worker is an illegal immigrant. The letters would have flagged 8.6 million workers nationwide.

In Georgia, 4,669 employers will get a pass on the letters this year.

"There are some employers who are probably relieved because if a large portion of their workers are listed on the mismatch letter, they could lose some or most of their employees, with no one to take their place," said Eileen Scofield, an Atlanta immigration and labor lawyer.

A spokesman for the restaurant industry said what the government needs to do is adopt comprehensive immigration reform, rather than more rules.

Twenty-two percent of the nation's 7.6 million food prep and service employees are foreign born.

"We don't think you can enforce your way out of our broken immigration system," said Mike Shutley, director of legislative affairs for the National Restaurant Association.

In August, the Department of Homeland Security issued a new rule giving employers 90 days to terminate workers whose paperwork could not be reconciled once they got a no-match letter.

That rule is on hold, however, after a federal district judge in California issued an injunction in October. The case is on appeal to the Ninth District Court of Appeals.

Labor groups, including the AFL-CIO, as well as the American Civil Liberties Union argued in the lawsuit that legal workers and others might be fired unfairly. They also said the government did not consider the impact on small businesses. Some causes for Social Security mismatches include typos, name changes from marriage or divorce and multiple last names.

In some cases, however, the mismatch happens because a worker is not legally authorized to work in the United States. That's what the Department of Homeland Security is trying to address.

"The no-match letters are an important tool not only for the department to better enforce our immigration laws, but also for employers to make sure that they are complying with the law and appropriate hiring practices," said Veronica Valdes, spokeswoman for the Department of Homeland Security.

"We are in no way abandoning the no-match rule," Valdes said.

The department will revise the rule and try again, she said.

In the past, employers were not required to act on no-match letters, although some would follow through and terminate workers who could not clear up their paperwork.

That's the case with Miguel Candelaria, owner of MA&O Construction. Candelaria helped found the Hispanic Contractors Association of Georgia.

Candelaria got no-match letters for the 2005 tax year affecting eight of about 500 employees. A few employees had legitimate mistakes, such as typos in their names or numbers, that needed to be fixed, he said.

A few had used their children's Social Security numbers, and some had expired work visas. He fired them.

"The ones who couldn't come up with the stuff, they're gone," Candelaria said.

THE STORY SO FAR • Previously: The Social Security Administration had been notifying employers that a worker's name and Social Security number didn't match. • The latest: Because of a lawsuit over stricter rules, the program has been put on hold. • What's next: The government will revise its procedures.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Government
KEYWORDS: aliens; court; feds; illegals; immigrantlist; immigrants

1 posted on 12/24/2007 9:32:05 PM PST by BGHater
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To: BGHater
"The ones who couldn't come up with the stuff, they're gone," Candelaria said.

Of course some of those papers still had wet ink on them .

2 posted on 12/24/2007 9:36:23 PM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: org.whodat

Merry Christmas to all.


3 posted on 12/24/2007 9:40:12 PM PST by doc1019 (Fred Thompson '08)
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To: BGHater
I wonder how many illegal aliens are on the federal payroll and what steps exactly the government will take to find and fire them? I know it won't ever happen. I just wish that someone would take up the cause again of making the feds play by all the rules they pass.

Every Representative and Senator who served since the FDR administration would go to prison just for the Sarbanes-Oxley implications of the Social Security system deficit

4 posted on 12/24/2007 9:41:38 PM PST by hometoroost (TSA = Thousands Standing Around)
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To: doc1019

Thank you, and a Merry Christmas to YOU, doc!


5 posted on 12/24/2007 9:43:08 PM PST by yorkie ( For God so loved the world........................ that He didn't send a committee.)
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To: BGHater
coalition of labor, business and civil liberties groups

It's a funny world when these three groups are all pro-slave-labor for illegal aliens.

Bobby Kennedy must be spinning in his grave, LOL.

6 posted on 12/24/2007 9:44:48 PM PST by donna (Duncan Hunter: US Army, 1969-1971, with service in Vietnam)
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To: BGHater

Thank goodness we’re building that wall to keep the illegals out. Looks like that’s our only hope.


7 posted on 12/24/2007 9:45:38 PM PST by neodad (USS Wabash (AOR 5) The Wabash Cannonball)
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To: BGHater
"We don't think you can enforce your way out of our broken immigration system," said Mike Shutley, director of legislative affairs for the National Restaurant Association.

Nope, the only acceptable answer to these folks is to make all the illegals legal. Geeez, lack of enforcement is the reason we got in this mess to start with.

8 posted on 12/24/2007 9:45:39 PM PST by umgud (no more subprime politicians)
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To: BGHater

Gee,what a shame...
If there are no illegal aliens to work for peanuts,
the employers that scourge the populace for low wage earners might have to pay a living wage.


9 posted on 12/24/2007 10:40:53 PM PST by skinny old man (Still lurking and posting after all these years)
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To: BGHater

These employers are nuts. Sooner or later as it goes full circle which it always does; they will have no customers because no one that can afford anything will be left to buy their goods.

And don’t think the politicians or the lobbyists will care. They will just move on to the next scam.


10 posted on 12/25/2007 1:52:09 AM PST by freekitty ((May the eagles long fly our beautiful and free American sky.))
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To: hometoroost

They are everywhere in all the corporations, government; etc.


11 posted on 12/25/2007 1:53:19 AM PST by freekitty ((May the eagles long fly our beautiful and free American sky.))
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To: hometoroost

We should demand that government fire all illegals as we are probably paying for them twice.


12 posted on 12/25/2007 1:53:56 AM PST by freekitty ((May the eagles long fly our beautiful and free American sky.))
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To: BGHater

Why would they kill the golden goose? That withholding and FICA taxes is found money...to the tune of thousands of billions of dollars.


13 posted on 12/25/2007 1:57:15 AM PST by DCPatriot ("It aint what you don't know that kills you. It's what you know that aint so" Theodore Sturgeon))
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To: BGHater
We should make scrapbooks for our grandchildren about life in a first-world country.

“Grampa - is that a house in that picture? Where’s the 9-foot wall with razor wire?”

“Grama - What’s a ‘pedestrian’”?

“Grampa - You mean you could say anything you wanted?"

14 posted on 12/25/2007 2:47:57 AM PST by Dagnabitt ("It's a 'virtual fence'...now run along little taxpayer.")
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To: hometoroost

I don’t know the exact number of illegal aliens employed by the Federal Government, but I do recall hearing that they are this country’s LARGEST employer of illegals.


15 posted on 12/25/2007 2:56:44 AM PST by Kimberly GG (Support Duncan Hunter in YOUR State....http://duncanhunter.meetup.com/1/)
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To: freekitty

Unfortunately our government does not give a damn about us.

Merry Christmas!


16 posted on 12/25/2007 4:44:51 AM PST by panthermom (DUNCAN HUNTER 2008)
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To: BGHater

More pandering by Bush and his acolytes.

A nation which refuses to maintain the integrity of its borders will not long survive as a nation.

A President who violates his oath of office should be impeached.


17 posted on 12/25/2007 5:00:34 AM PST by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: BGHater

Feds won’t enforce rule on firing illegal immigrants....

jorge bush & his legacy!!!!


18 posted on 12/25/2007 5:13:43 AM PST by nyyankeefan
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To: umgud
We don't think you can enforce your way out of our broken immigration system

But let me stop paying income taxes and lets see how fast they ENFORCE my butt to jail!

19 posted on 12/25/2007 6:25:51 AM PST by MrPiper
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To: BGHater

At least send me a letter if somebody else is using my SS# so I can straighten it out and check for identity theft!!!!


20 posted on 12/25/2007 8:14:49 AM PST by ding_dong_daddy_from_dumas (I want to "Buy American" but the only things for sale made in the USA are politicians)
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To: BGHater
Some causes for Social Security mismatches include typos, name changes from marriage or divorce and multiple last names.

These discrepancies need to be corrected and resolved. Then there is the identity theft taking place and apparently some against their own children. Are these the same children called anchor babies?

21 posted on 12/25/2007 8:21:49 AM PST by Snoopers-868th
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To: BGHater

bump


22 posted on 12/25/2007 8:28:39 AM PST by VOA
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To: BGHater
The department will revise the rule and try again, she said.

Government at it's best.

Alas, a revisit?

23 posted on 12/25/2007 8:33:22 AM PST by EGPWS (Trust in God, question everyone else)
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To: BGHater

What I would like to see is a crossreferencing of the Social Security numbers of children used to get EIC with the SS numbers used in individual states (sorry, no apostrophe) food stamp rolls. The latter would show how many of the kids actually live with the mother. The former would show how many of those mothers are selling the SS numbers of their >2 children to others to use for fraudulent EIC claims. Such a crossreferencing (no hyphen either) would also identify both parties to the fraud. Much of this is going on amongst refugees recently arrived in the U.S..


24 posted on 12/25/2007 8:40:34 AM PST by aruanan
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This is appalling: are we ruled by legislative democracy or a cabal of single issue tribal/ethnic or civil rights groups? And why do the courts even entertain frivolous legal challenges based on the fact that “my tribe’s ox may be gored” by this law or regulation? Shameful!
25 posted on 12/25/2007 12:52:07 PM PST by Godwin1
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


26 posted on 12/25/2007 4:43:30 PM PST by gubamyster
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To: DCPatriot
Why would they kill the golden goose? That withholding and FICA taxes is found money...to the tune of thousands of billions of dollars.

Yeah, billions of dollars of additional money for
our federal government to waste. Whoopie (yawn).

27 posted on 12/25/2007 7:48:34 PM PST by Isabel C.
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To: Isabel C.

Boy wait til the illegals learn about this...will we ever pay ! In many wats ! /s


28 posted on 12/25/2007 8:01:57 PM PST by billmor
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To: BGHater

We are quickly going the way of Europe. Picture a boat with water leaking over the top rails and the captain is still loading passengers. Here is an analysis of the state of illegal immigration in Europe...this is our future.

http://www.brusselsjournal.com/node/2799


29 posted on 12/26/2007 7:36:22 AM PST by wgflyer (Liberalism is to society what HIV is to the immune system.)
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To: ding_dong_daddy_from_dumas
and check for identity theft!!!!

They don't care about that so long as they can find someone (you) that will cough up all the tax money, "interest and penalty" for the 5 - 6 simultaneous jobs "you" held in 4 different states.

30 posted on 12/26/2007 8:47:06 AM PST by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: BGHater

Is there any wonder why people are increasingly disillusioned with government and politicians and campaigns?


31 posted on 12/26/2007 8:48:46 AM PST by A_Former_Democrat
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To: BGHater

BOHICA to the US citizens again...


32 posted on 12/26/2007 7:23:19 PM PST by WOBBLY BOB (I think I'll buy everyone a carbon credit for Christmas.)
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To: donna

And from NumbersUSA as of December 21:

“Now that Rep. Tom Tancredo has dropped out of the race, only two candidates (THOMPSON & HUNTER) are left who have vigorous and thorough enough opposition to amnesty to warrant an EXCELLENT rating.”

Thompson/Hunter in 2008! :)


33 posted on 12/26/2007 7:27:45 PM PST by seekthetruth
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