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Dream Act Might Be a Nightmare for Employers
Copyright 2012 JD Supra, LLC ^ | on 10/1/2012 | by Polsinelli Shughart PC

Posted on 10/07/2012 3:48:05 PM PDT by Behind Liberal Lines

The deferred action program is commonly referred to as a “Dream Act;” however, what is one individual’s dream may turn into a nightmare for an employer.

As part of applying for deferred action qualifying aliens are also eligible for employment authorization. Generally, work permit applications take two to three months to process so by this fall, potentially hundreds of thousands of individuals will receive lawful permission to work in the United States. Some of these individuals might already be employed by your company.

Employees provide at the time of hire documents to confirm their identity and ability to work in the United States (the I-9 requirements). It is not uncommon for undocumented employees to provide false documents to gain employment and which employers unknowingly accept. What is an employer to do when a current employee seeks to provide a new work permit or other document with different information than on the documents provided to complete the I-9 at the time of hire?

In this case, the “knee jerk” reaction of many employers is to discharge the employee for lying on an employment application and/or providing false employment documents....

however, because no federal agency (neither the Department of Labor (“DOL”), the Equal Employment Opportunity Commission (“EEOC”), the Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”), nor the National Labor Relations Board (“NLRB”)) has commented on the Dream Act or provided any guidance to employers as to what to do when current employees provide the new, lawful work authorizations. This lack of guidance is frustrating because all employees who would have lied on such employment documents will belong to a protected class, and adverse employment actions probably will be scrutinized by the very agencies that have failed to provide a roadmap for compliance....

(Excerpt) Read more at jdsupra.com ...


TOPICS: Business/Economy; Editorial
KEYWORDS: 2012; aliens; democrats; dream; dreamact; employers; fail; illegals; immigration; obama

1 posted on 10/07/2012 3:48:13 PM PDT by Behind Liberal Lines
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To: Behind Liberal Lines

There is no shortage of any type of workers but there is one heck of a shortage of employers willing to abide by US labor law.


2 posted on 10/07/2012 4:11:45 PM PDT by moonshinner_09
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To: Behind Liberal Lines

The unstated purpose of the DREAM act is to stuff the U.S. military with aliens who would thing nothing of shooting Americans since they are not tied to us, and would not question any order to shoot Americans, lest it mean they lose their spot.


3 posted on 10/07/2012 5:19:19 PM PDT by Ouderkirk (Democrats...the party of Slavery, Segregation, Sodomy, and Sedition)
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To: Behind Liberal Lines
"the “knee jerk” reaction of many employers is to discharge the employee for lying on an employment application and/or providing false employment documents"

My word. "Knee-jerk". You signed a statement saying you told the truth. You didn't. You get fired. Pretty simple.

"Knee-jerk"...

The Kenyan must go.

4 posted on 10/07/2012 5:28:08 PM PDT by ex91B10 (We've tried the Soap Box,the Ballot Box and the Jury Box; ONE BOX LEFT!)
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To: Behind Liberal Lines

If I was one of those kids I wouldn’t do a thing until after the election.


5 posted on 10/07/2012 5:55:06 PM PDT by Mike Darancette (Take two Aspirin and call me in November - Obama for Hindmost.)
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Click

6 posted on 10/07/2012 6:32:26 PM PDT by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93destr)
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To: RedMDer

7 posted on 10/07/2012 6:33:31 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: musicman
Thanks!

FR Mail :)



:)
8 posted on 10/07/2012 6:38:08 PM PDT by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93destr)
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To: Behind Liberal Lines
Re: “Work permit applications take two to three months to process”

That will be Obama’s goodbye present to President-Elect Romney.

Half a million new workers will enter the labor force, many of them with limited skills and limited education.

This should take place about the same time that the Bureau of Labor Statistics “adjusts” the unemployment rate back up to 8.5%.

Of course, the MSM will instantly forget about Obama and instantly label the new reality as “Romney's Economy.”

9 posted on 10/07/2012 8:26:51 PM PDT by zeestephen
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To: Mike Darancette
Re: “I wouldn’t do a thing until after the election.”

Obama agrees with you.

And so does Romney, who has promised not to revoke Obama’s two year, temporary DREAM Amnesty.

Remember the first day of DREAM Act registration?

Lines of thousands of people.

A street shut down in Los Angeles.

A city park in Chicago packed shoulder to shoulder with applicants.

The usual inflammatory Hard Left signs and banners.

The police estimating the crowds to be TWICE as large as the MSM and DREAM organizers estimated.

Then...

Total silence - from Obama, from Romney, from the GOP, from the MSM.

Gosh, I wonder what's going to happen?

Anyone think this will become a PERMANENT amnesty after November 6th?

10 posted on 10/07/2012 8:42:45 PM PDT by zeestephen
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To: Behind Liberal Lines; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; ...
Ping!

Click the keyword Aliens to see more illegal alien, border security, and other related threads.

11 posted on 10/08/2012 9:16:47 AM PDT by HiJinx (Progessive Compassion requires OPM - Other People's Money.)
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To: HiJinx
all employees who would have lied on such employment documents will belong to a protected class

Charming, huh?

Not sure what he means here, but the effect is the same: most of the illegals will fall into the protected class known as "hispanics", and now they will have even more rights over Americans because they will probably be treated as a protected class since they are on an administrative amnesty.

Illegal, Unconstitutional act on top of another illegal, Unconstitutional act.

But it's cool. 'Cuz dis ain't jor country ennymore, ju know, greengo? Dees ees ahr lahnd.

12 posted on 10/08/2012 9:37:15 AM PDT by Regulator
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To: Ouderkirk
The unstated purpose of the DREAM act is to stuff the U.S. military with aliens who would thing nothing of shooting Americans

Funny how no one ever talks about that. They keep saying wouldn't it be great if these guys join our military, and all I can say is that would be like the IDF recruiting Hamas.

13 posted on 10/08/2012 9:39:39 AM PDT by Regulator
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