Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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

1 posted on 10/10/2007 11:08:45 AM PDT by SmithL
[ Post Reply | Private Reply | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

Go figure...


3 posted on 10/10/2007 11:12:55 AM PDT by xcamel (FDT/2008)
[ Post Reply | Private Reply | To 2 | View Replies]

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!)
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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.))
[ Post Reply | Private Reply | To 1 | View Replies]

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!)
[ Post Reply | Private Reply | To 2 | View Replies]

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
[ Post Reply | Private Reply | To 2 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 7 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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." ))
[ Post Reply | Private Reply | To 4 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 9 | View Replies]

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.)
[ Post Reply | Private Reply | To 4 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

QUISLING: a synonym for traitor, someone who collaborates with the invaders of his country.

21 posted on 10/10/2007 1:07:23 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SmithL

How temporary is this block?


22 posted on 10/10/2007 1:22:22 PM PDT by Rick_Michael (The Anti-Federalists failed....so will the Anti-Frederalists)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

This is what happens when we vote for RINOS. This is what happens when we play nice to the other party. This judge passed through a REPUBLICAN senate. So did Ginsburg and a miriad host of other Communists.

I am not mad at the Communists. After all, they ARE Communists. I am ENRAGED at the REPUBLICANS for voting for this open traitor.


23 posted on 10/10/2007 1:24:35 PM PDT by Dogbert41
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dogbert41

Is this somthing that will go to the Supremes??


24 posted on 10/10/2007 1:50:52 PM PDT by TheGunny (Re-read 1&2 Corinthians)
[ Post Reply | Private Reply | To 23 | View Replies]

To: SmithL
Practices in SF, worked for Legal-Aid, schooled at Berkley and appointed by Clinton.

Fair and balanced there!

Why don't we have a litmus test for these lefties like they do for ours???

25 posted on 10/10/2007 1:59:30 PM PDT by HeartlandOfAmerica (The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SmithL
Nominated by William J. Clinton on July 24, 1997

Gee, what a surprise! A liberal judge, appointed by Clinton, who is doing exactly what the Clintons and the Booshs want! Papa and young Dubai Boosh, that is!!

26 posted on 10/10/2007 2:00:32 PM PDT by NRA2BFree (It*s time for "Tea Party II" This time we*ll meet at the border and toss Mexicans back over it.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: TheGunny
Is this somthing that will go to the Supremes??

I don't know. I suppose it could if the government appeals the decision. From the article:

The injunction blocks the implementation of the government's plan until the lawsuit is resolved or an appeals court overturns this judge's decision. The government will evaluate the "modest legal obstacles" presented by the judge, addressing them in litigation or outside court, as it examines its options and determines whether to appeal the decision, Chertoff said.

"I don't think there's anything in the judge's ruling that is insurmountable," Chertoff told The Associated Press...

27 posted on 10/10/2007 4:10:17 PM PDT by DumpsterDiver
[ Post Reply | Private Reply | To 24 | View Replies]

To: SmithL

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

LOL! What? LOL!!

Hey Judge old buddy, these IRS tax requirements are imposing hardships on my business.

Kindly direct the IRS to stop bothering me about taxes, okay? LOL!


28 posted on 10/10/2007 4:29:45 PM PDT by bill1952 (The 10 most important words for change: "If it is to be, it is up to me")
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL
["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."]

Well, duh!

["About 8 million employees would be affected, according to court documents."]

Add a spouse and two children for each, and we have 32 million illegals here. Soon the entire South West will be fully Democrat, fulfilling Ted Kennedy's masters' plan which was launched in the early 1960's to compensate for the expected loss of the "Solid (Democrat) South". The plan has come together.

["The decision Wednesday was disappointing, said Homeland Security Secretary Michael Chertoff, but wasn't more than a "bump in the road" in the agency's drive to vigorously enforce laws aimed at keeping illegal immigrants out of the work force."]

<./ shaking head at the thought of this incompetent buffoon>

["But plaintiffs, which include the AFL-CIO, the American Civil Liberties Union and the U.S. Chamber of Commerce...']

How's THAT for an unholy alliance? The only people not represented there are WE THE PEOPLE.

29 posted on 10/10/2007 8:15:02 PM PDT by Mad_Tom_Rackham (Elections have consequences.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

The JUDGES of this country are the ones who have let the illegals in our schools, in our pockets, and in our cities, and in our hospitals.

It is the JUDGES who have brought the plague of diseases upon us, wave of death of innocents, and the plundering of our country.

It will be the JUDGES who need to feel the consequences of their evil. They will deserve it.


30 posted on 10/10/2007 8:22:48 PM PDT by TruthConquers (Delendae sunt publici scholae)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

This sort of nonsense is just the tip of the iceberg if Hillary wins. With a Democratic Congress, she’ll be able to stack the judicial branch with committed leftists at all levels, including the Supreme Court. There is no law to a leftist judge, it is whatever they say it is.


31 posted on 10/10/2007 8:42:46 PM PDT by Big E
[ Post Reply | Private Reply | To 1 | View Replies]

To: B4Ranch
Do I suspect this was a planned event in order to keep the borders open? Yes, I do.

So do I. Read the following excerpts from an editorial posted last August and then read Chertoff's comments I added about this new ruling.

Immigration Match-Up
August 15, 2007

At a press conference announcing the new regulations, he said, "There will be some unhappy consequences for the economy out of doing this. . . . We don't get a vote in Congress. We can't make Congress pass it. But we can be very sure that we let Congress understand the consequences of the choices that Congress makes."

Chertoff didn't say what the "it" is that he can't make Congress pass, but clearly he was referring to "comprehensive" immigration reform.

But Chertoff's words -- in effect, "You wanted it, and now you're going to get it good and hard" -- invite us to ask whether the administration is truly committed to enforcing immigration law, or is simply hoping that a backlash against enforcement will create an opening for "comprehensive" reform.

My insertion follows:

Judge Halts Immigrant Crackdown
Oct 11, 2007

DHS Secretary Michael Chertoff expressed disappointment at the decision and said the administration will continue to aggressively enforce immigration laws while considering an appeal that plaintiff's lawyers said could take at least nine months.

"Today's ruling is yet another reminder of why we need Congress to enact comprehensive immigration reform," Chertoff said. "The American people have been loud and clear about their desire to see our nation's immigration laws enforced."

Even if this isn't what Chertoff meant, his department faces a bureaucratic hurdle to enforcing the new [no-match] regulations. That is because the SSA refuses the give the Department of Homeland Security or any other law-enforcement agency its list of employers who receive "no match" letters, claiming that the tax code forbids it to do so.

Without access to that list, the DHS will be forced to use its limited manpower to start from scratch. Such an arrangement, apart from its tremendous inefficiency, makes any choice about where to begin look arbitrary. There is a risk that the DHS will end up avoiding these problems by "forgetting" about the new regulations altogether.

At his press conference, Chertoff chided Congress for not enacting legislation (buried in the now-defunct amnesty bill) "to give us clear authority to have information sharing with the Social Security Administration."

He then changed tack and suggested that the administration could authorize DHS to access this information without new legislation: "I don't necessarily agree that by law Social Security can't give us some information about where to target based on the number of no-match letters. That's a legal issue we are currently addressing."

If the administration concludes that SSA is correct, it should send legislation to Congress that would fix this problem -- and should keep that legislation separate from amnesty and guest-worker programs.

SNIP

32 posted on 10/12/2007 9:14:27 AM PDT by DumpsterDiver
[ Post Reply | Private Reply | To 15 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson