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Judge grants request to block U.S. gov't plan on illegal labor
AP via SFGate ^ | 10/10/7 | JULIANA BARBASSA, Associated Press Writer

Posted on 10/10/2007 11:08:38 AM PDT by SmithL

San Francisco (AP) -- A federal judge on Wednesday granted a request by labor and civil liberties organizations to temporarily block the U.S. government from proceeding with a plan to crack down on businesses who may be employing illegal immigrants.

U.S. District Judge Charles Breyer said the Social Security Administration and the Department of Homeland Security could not go ahead with a plan to send joint letters warning businesses they'll face penalties if they keep workers whose Social Security numbers don't match their names.

Breyer said the new work-site rule would likely impose hardships on businesses and their workers.

"The plaintiff's have demonstrated they will be irreparably harmed if DHS is permitted to enforce the new rule," Breyer wrote.

The so-called "No Match" letters were supposed to start going out in September, but labor groups and immigrant activists filed a lawsuit claiming the plan would put a heavy burden on employers, and could cause many authorized immigrants and U.S. citizens to lose their jobs over innocent paperwork snafus.

The government, however, argued that the rule doesn't impose an expense, and some businesses want to avoid liability for hiring undocumented workers.

On Oct. 1, Breyer requested time to consider the legal arguments presented by government attorneys and plaintiffs, which include the AFL-CIO, the American Civil Liberties Union, the U.S. Chamber of Commerce and a number of other business and labor groups.

A large portion of the mismatches in the Social Security Administration's records are believed to stem from illegal immigrants who make up fake Social Security numbers to get a job.

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


TOPICS: Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS: activistjudge; alieninvasion; aliens; charlesbreyer; illegal; immigrantlist; immigration
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1 posted on 10/10/2007 11:08:45 AM PDT by SmithL
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Breyer, Charles R.
Born 1941 in San Francisco, CA

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by William J. Clinton on July 24, 1997, to a seat vacated by D. Lowell Jensen; Confirmed by the Senate on November 8, 1997, and received commission on November 12, 1997.

Education:
Harvard College, A.B., 1963

University of California, Berkeley, Boalt Hall School of Law, J.D., 1966

Professional Career:
Law clerk, Hon. Oliver Carter, U.S. District Court, Northern District of California, 1966-1967
Counsel, Legal Aid Society of San Francisco, California, 1967
Assistant district attorney, District Attorney's Office, City & County of San Francisco, California, 1967-1973
Assistant special prosecutor, Watergate Special Prosecution Force, 1973-1974
Private practice, San Francisco, California, 1974-1979
Chief assistant district attorney, District Attorney's Office, City and County of San Francisco, California, 1979
Private practice, San Francisco, California, 1980-1997

Race or Ethnicity: White

Gender: Male

2 posted on 10/10/2007 11:09:41 AM PDT by SmithL (I don't do Barf Alerts, you're old enough to read and decide for yourself)
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To: SmithL

Go figure...


3 posted on 10/10/2007 11:12:55 AM PDT by xcamel (FDT/2008)
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To: SmithL

We may have to solve this one ourselves people...(Read tag line)


4 posted on 10/10/2007 11:23:20 AM PDT by samadams2000 (Someone important make......The Call!)
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To: SmithL
U.S. District Judge Charles Breyer said the Social Security Administration and the Department of Homeland Security could not go ahead with a plan to send joint letters warning businesses they'll face penalties if they keep workers whose Social Security numbers don't match their names.

Breyer said the new work-site rule would likely impose hardships on businesses and their workers.

Mark this day on your calendars, folks. This is the first time, and will be the last time, that a leftist judge feigns concern for the hardships of business owners.

5 posted on 10/10/2007 11:26:46 AM PDT by TChris (Cartels (oil, diamonds, labor) are bad. Free-market competition is good.)
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To: SmithL

We can always count on a court in San Francisco to do the right thing. (Sarc. Off)


6 posted on 10/10/2007 11:32:21 AM PDT by CCGuy (USAF (Ret.))
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To: SmithL
Nominated by William J. Clinton on July 24, 1997

The gift that keeps on giving...

Mike

7 posted on 10/10/2007 11:33:12 AM PDT by MichaelP (The Big Picture IS important!)
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To: SmithL

I am so sick and tired of these judges!

Is being in this country illegally against the m-f’in law? YES IT IS. So punish illegals and the people who hire them.


8 posted on 10/10/2007 11:33:17 AM PDT by abercrombie_guy_38
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


9 posted on 10/10/2007 11:38:31 AM PDT by gubamyster
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To: MichaelP; SmithL; CCGuy

“A large portion of the mismatches in the Social Security Administration’s records are believed to stem from illegal immigrants who make up fake Social Security numbers to get a job.”

Where’s Capt. Obvious when you need him?!


10 posted on 10/10/2007 11:44:35 AM PDT by Froufrou
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To: SmithL
"The plaintiff's have demonstrated they will be irreparably harmed if DHS is permitted to enforce the new rule," Breyer wrote.

OK fine Mr. Judge. We will no longer issue the “nice” no match letters to employers. From now on we will go back to conducting worksite enforcement operations and will effectively shutdown and disrupt companies that employ illegal aliens.

These people are so stupid they don’t even understand that the no match letters help employers and effectively give them a free pass as long as they get rid of the illegals they have already hired.

When DHS/ICE conducts a raid it can be quite disruptive with employees running in every direction leaving equipment unattended. Forget the cost of fines they’re a joke, but when you are sitting on tens of thousands in produce (that you don’t own but will be paying for if it does not get packaged promptly) the costs can get out of hand.

I have seen agents completely shut down a popular downtown restaurant during lunch hour. They were there for just one alien but when an assistant manager coped an attitude they just decided to talk to the rest of the staff. It’s hard to run a restaurant with no cooks or dishwashers. The restaurant was closed for 3 days until they could get new help.

That is the kind of enforcement that employers really fear.

11 posted on 10/10/2007 11:54:30 AM PDT by usurper (Spelling or grammatical errors in this post can be attributed to the LA City School System)
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To: SmithL

We must never accept an amnesty because these rat bastard judges will always kill enforcement laws. Judges will never kill amnesty but they will kill enforcement measures


12 posted on 10/10/2007 11:54:38 AM PDT by dennisw (France needs a new kind of immigrant one who is "selected, not endured" - Nicholas Sarkozy)
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To: SmithL

There is a civil liberty to engage in identity theft? BS. They are violating MY civil liberties when they do so.


13 posted on 10/10/2007 11:57:51 AM PDT by weegee (NO THIRD TERM. America does not need another unconstitutional Clinton co-presidency.)
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To: SmithL
Truth is.... this judge just committed an illegal act. When judges impede the laws from being enforced, chaos is shortly to be found. The judge must be a demonrat.
14 posted on 10/10/2007 12:00:59 PM PDT by From One - Many (Trust the Old Media At Your Own Risk. I Will Be Voting for Mr. Duncan Hunter, fellow FReepers.)
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To: samadams2000

Do I suspect this was a planned event in order to keep the borders open? Yes, I do.

“Patriotism is supporting your country all the time and your government when it deserves it.”
- Mark Twain

The time for all patriots to join in a National Tea Party is drawing near.

Veterans: “There is no expiration date on our oath to protect America from all enemies, foreign and domestic.”


15 posted on 10/10/2007 12:10:24 PM PDT by B4Ranch (( "Freedom is not free, but don't worry the U.S. Marine Corps will pay most of your share." ))
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To: SmithL
The plaintiff's have demonstrated they will be irreparably harmed if DHS is permitted to enforce the new rule

Harming people who engage in law breaking is the idea behind law enforcement.

This inanity, if left to stand, will mean that any law that causes a hardship for someone is somehow invalid.

Leftist thumb sucking enshrined as precedent.

You do all realize that this "Judge" is Justice Steven Breyer's brother, right? The screaming Leftist of the Supreme Court? How did you think his brother would rule on a case?

16 posted on 10/10/2007 12:10:58 PM PDT by Regulator
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To: gubamyster

Bush must be celebrating at this decision, right along with all the other open borders freaks.


17 posted on 10/10/2007 12:19:17 PM PDT by janetgreen
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To: samadams2000
We may have to solve this one ourselves people...(Read tag line)

Good call! There is no doubt in my mind it will come to that.

18 posted on 10/10/2007 12:25:46 PM PDT by melancholy (Quiz: name one country, other than the USA, that doesn't control its borders.)
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To: SmithL
I highly doubt that this ruling will stand.

The ACLU and company did their judge shopping well, however the ruling is pretty ridicules and shouldn't stand up on appeal.

The government can't enact a law because it might create hardship for law breakers? The law gives people 90 days to resolve "innocent paperwork snafus" and comply with the law so that their SSNs are in the name they are working under, which is very generous considering that they are required to have already done that.

However, while this injunction is in place, Bush gets to claim he is trying to address the issue but the courts won't let him and that he needs "immigration reform legislation" to fix the problem.

The illegal immigrant lobby gets to say how they are sticking up for immigrant minorities that are being oppressed.

Bush may be out of office by the time this finally winds it's way through the courts, which likely suits him just fine.

19 posted on 10/10/2007 12:27:28 PM PDT by untrained skeptic
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To: SmithL

Breyer said the new work-site rule would likely impose hardships on businesses and their workers.


Really? How many regulations out there that cause hardship on business owners has this bozo blocked? And what is the point in issuing a REAL SS# if it is a hardship anyway? F@%king amazing.


20 posted on 10/10/2007 12:40:32 PM PDT by rbg81 (DRAIN THE SWAMP!!)
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