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CONTACT: ACLU Linda Paris, (202) 675-2312; media@dcaclu.org |
Senate Overturns Obama Decision Wednesday to Rescind Flawed Bush “No-Match” Immigration Rule
Vitter Amendment Requires Employers to Fire Workers Unable to Resolve Discrepancies in Social Security Records
WASHINGTON - July 9 - The U.S. Senate passed by voice vote today an amendment offered by Senate David Vitter (R-LA) requiring employers to fire workers, including U.S. citizens, who are unable to resolve discrepancies in their Social Security records. The Senate vote seeks to overturn President Obama's decision Wednesday to rescind the fatally flawed Bush administration Social Security no-match rule by prohibiting the Department of Homeland Security ("DHS") from implementing any changes to it.
In passing the Vitter amendment, the Senate has taken a dangerous step that would threaten the jobs of tens of thousands of U.S. workers at a time when our economy is in great peril. The Social Security no-match rule, promulgated by the Bush administration in 2007, has been strongly opposed by groups across the political spectrum - business, labor, immigration, civil rights, and civil libertarian groups. Due to a federal injunction issued in 2007 as a result of a lawsuit filed on behalf of the ACLU and other groups, the no-match rule has not gone into effect.
"While the Senate might think it has taken a step to fix illegal immigration, it has actually set into motion a rule that will jeopardize the jobs of tens of thousands of U.S. citizens who could be unjustly fired under the rule due to SSA database errors," said Joanne Lin, ACLU Legislative Counsel.
The no-match rule would unlawfully use the error-ridden Social Security database for immigration enforcement purposes by requiring employers to fire workers, including U.S. citizens, who are unable to resolve discrepancies in their Social Security records within 90 days of receipt of a no-match letter. If an employer does not resolve a data mismatch, DHS may conclude that the employer had "constructive knowledge" that an employee is not authorized to work, and may prosecute the employer accordingly.
"Social Security no-match letters were never designed to be immigration enforcement tools, and they cannot and will not solve the problem of illegal immigration," added Lin. "Moreover, the no-match rule will harm people with disabilities and senior citizens by forcing them to deal with longer waits and more bureaucratic hassles in order to get their Social Security benefits checks. At a time of great economic instability, the Senate has taken a step towards jeopardizing the livelihood of U.S. workers, senior citizens, and people with disabilities."
In 2007, a federal court blocked the no-match rule after the ACLU, AFL-CIO, and National Immigration Law Center sued DHS. The court concluded that the no-match rule would affect more than eight million workers nationwide and lead to the firing of tens of thousands of U.S. citizens. According to the Social Security Administration's own Inspector General, more than 70 percent of the discrepancies in the SSA database belong to U.S. citizens. An economist hired by the U.S. Chamber of Commerce estimates that the total number of authorized workers who will be fired under the no-match rule because of their inability to resolve the data mismatch could top 165,000.
3 Comments so far
Show AllEven stopping to help a fellow human being can land a citizen in jail.
I keep a postcard handy addressed to Janet Napolitano at Homeland Security just in case I see someone in need of assistance.
The warning bell hasn't rung yet, but according to Chuck Schumer his going to force this new AMNESTY in our faces by labor day. We can stop them? Just send a fire storm of furious voices at their office staff. 202-224-3121 Do not release the pressure for one minute. Tell your cringing Senators and Representatives we want the 700 MILES OF DOUBLE LAYER FENCE. WE WANT E-VERIFY IN THE WORKPLACE IN-PERPETUITY AND NOT JUST FOR NEW HIRES, BUT EVERYBODY ON THE PAYROLL. FEDERAL INSPECTORS TO CHECK ALL BUSINESS THROUGHOUT AMERICA.WE WANT NO MORE AMNESTIES OR PATH TO CITIZENSHIP. WE WANT FULL LIGHTENING RAIDS BY ICE.
GOOGLE INFORMATION! ILLEGAL IMMIGRATION AND FIND OUT THE TRUTH FOR YOURSELVES ABOUT COSTS, CRIME & THE OVERPOPULATION EXPLOSION SOON TO BE UPON US. OUR POLITICIANS WILL TRY TO WEAKEN OR KILL THE LATEST AMENDMENTS. FIND OUT MORE AT NUMBERSUSA, CAPSWEB, AMERICAN PATROL.
America is fighting for it's very survival, and although we one some small victories like enforcement of E-Verify, it still doesn't go far enough? We cannot stop hounding every Senator and Congressman to do the right thing for the citizens and--LEGAL IMMIGRANTS--of this country. Chuck Schumer's AMNESTY or as they like to call it, a path to citizenship. The cost to US taxpayers, its so out there, the 2.5 trillion dollar bill as stated by the Heritage Foundation cannot even be imagined. Even thinking of placing on the table an another AMNESTY after the travesty of the last one in 1986, is unthinkable when the ordinary people have lost their homes, going to food pantries have their cars repossessed. It's so incomprehensible that any politician, would even have the nerve to ever whisper Immigration Reform.
Just sustaining our own families, whether your black, red, brown or white skinned , with a roof over their families heads. Go to Europe to see the mess, the different countries are in, with uncontrollable immigration? To top it all, the people we elect are pushing for a revised health care system. These are Public Servants and they better be listening to the livid anger in the peoples voices.Yes! By all means implement a medical system, that allows two alternatives. Commercial for profit insurers that rip us off. Personally, I prefer a government universal health care for all Americans. But we cannot any longer subsidize businesses that reject their illegal cheap labor, and pay for the services, instead of burdening taxpayers with the bill. Same with illegal children of alien families, the employer should pay for every child's. education.Of course this is not going to happen? It never has through four presidencies?
The legal profession who has a monopoly over the Capitol, enacted laws to make sure taxpayers carried the full burden of schooling, health care and all the other benefits meant solely for Americans. Every year they pile on more taxes as we are invaded by masses of illegal immigrants. Not just across the undermanned border, but passing through immigration and customs knowing full well their going to overstay their visa. Just look at the crammed schools in California--By no means the only--SANCTUARY STATE--and now their hemorrhaging from a rapidly exploding $24. billion budget crisis. Visiting there I don't even recognize it anymore? Hardly any body there speaks the common language--ENGLISH. It's like Americans have been banished to foreign country.