E-Verify, stiffer penalties are good start.
And another great idea:
Trump wants to evict illegals
The Housing and Urban Development told Congress it plans to scrap a Bill Clinton rule that allowed illegal aliens to get public housing assistance. This is part of President Donald John Trump's plan to remove bad policies from all prior presidents, not just Obama.
Here is another good one: E Verify. E- Verify applies to the citizen as well as the undocumented foreigner. Fabulous idea except for this little thing called the
Fourth Amendment. Allow me:
"
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
So, you advocate forcing private employers violate the Fourth Amendment on behalf of the government for... exactly what???
For those who have an IQ above their shoe size, your post is almost funny if not for advocating sedition. IF a person is found to be in the United States without the proper paperwork, they are sent back across the border. The government could get a small fine of $250, but doesn't pursue even that since the majority of those caught don't have any money.
Anyway, it is not illegal to be in the United States without the proper documentation and you advocate violating my Fourth Amendment Rights and then, throwing the book at an employer for doing what they have a constitutional Right to do. There is a lot of dumbassery being considered on this thread and all of it socialist solutions threatening the Liberties of the citizenry while setting precedents that will come back and bite even you in the ass.
Very interesting post and points, thank you.
I'd say that it's well settled that the physical custody of incriminating documents does not protect the custodian against their compulsory production. Where employers are required to maintain records under statutory or regulatory authority, the employer cannot hide behind the right against unreasonable search and seizure or the right against self-incrimination when the government commands the production of records.
Wilson v. U.S ., 221 U.S. 361, 380 (1911). So, I-9 docs are required to be kept on hand, and when the government wants to verify them, they will, and this was confirmed by the Court well before FDR.
The point is further weakened when dealing with corporations in that the Court has held that corporations can claim no equality with individuals in the enjoyment of the right to privacy, since corporations are creatures of state law and are endowed with "public attributes."
U.S. v. Morton Salt Co ., 338 U.S. 632, 652 (1950). So agencies are permitted to check based on nothing more than "official curiosity" - to determine whether an employer corporation is complying with the law. The agency need only have the authority to make an inquiry, the agency's request must not be too indefinite and the information sought must be reasonably relevant to the investigation. Most agency requests for corporate records will fall well within these wide parameters.
In Re Administrative Subpoena, 253 F.3d 256 (6th Cir. 2001).
Further, agencies generally are not required to make a showing of probable cause when issuing an administrative subpoena for production of documents.
Oklahoma Press Publishing v. Walling, 327 U.S. 186, 216 (1945). Where the Fourth Amendment mandates a showing of probable cause for the issuance of search warrants, subpoenas are analyzed only under the Fourth Amendment's general reasonableness standard. One of the primary reasons for the difference rests on the distinction between physical searches and "constructive" searches. The latter type of search is usually involved when the government issues a subpoena, which is a request that the subject of an investigation produce its records for government inspection, as opposed to an on-site, physical search of a company's premises. As a result, the government need not have probable cause to request documents; that is, an actual violation need not be probable. The purpose of an investigative subpoena is to discover and procure evidence in order to make a determination, not necessarily to prove the pending charge. Under these circumstances, the government is only limited to the extent that it shall not act arbitrarily or in excess of statutory authority.
E-Verify: A Search And Seizure Nightmare?
It will be interesting to see how this body of law develops with Trump adding so many Constitutionalist judges to the bench.