Looks like there are some issues with e verify
Serious Problems with E-Verify
Bullshit. No passing the buck. E-verify is stupid, but they know better. No passing the buck because it stops with the owner. Business nation wide know damn well they employ wetbacks. They know full well they steal and buy stolen identities, they also know they can pay these guys 7 bucks an hour and dead women are an acceptable price to pay for cheap labor. STOP EMPLOYING illegals!
Yeah, blame the businesses when they're not allowed to ask about citizenship on hire. Oh yeah and this: INA prohibits employment discrimination on the basis of national origin by smaller employers (with four to 14 employees).
Blame the politicians.
Link?
Ah yeah, I forget most of ya'll lefties haven't had to deal with business laws
First there's
National Origin Discrimination
"The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract."
See also -
Pre-Employment Inquiries and Citizenship (This is kind of like... "best practices" shit when it comes to hiring/firing etc. Like you follow these so you don't run afoul of the above.)
"Most employers should not ask whether or not a job applicant is a United States citizen before making an offer of employment."
"Federal law also prohibits employers from conducting the Form I-9 and E-Verify processes before the employee has accepted an offer of employment." (aka you don't find out their illegal until /after/ they've been working for you.)
"the INA prohibits employment discrimination on the basis of national origin by smaller employers (with four to 14 employees)."
EDIT - whoops sent early cause... wait... there's more!
Then we have the IER/INA -
Immigrant and Employee Rights Section
"The Immigrant and Employee Rights Section (IER), enforces the anti-discrimination provision of the Immigration and Nationality Act (INA),
8 U.S.C. § 1324b. Regulations for this law are found at
28 C.F.R. Part 44.
This federal law prohibits: 1)
citizenship status discrimination in hiring, firing, or recruitment or referral for a fee, 2)
national origin discrimination in hiring, firing, or recruitment or referral for a fee, 3)
unfair documentary practices during the employment eligibility verification, Form I-9 and E-Verify, and 4)
retaliation or intimidation."
THEN we get into the finer details like... as an employer when your employees VISA expires they don't have to tell you according to rulings from the IER. And stuff like... if your employee presents an I-9 paperwork, but that paperwork expires in a week or a month (aka short period of time relative to your job opening's expected tenure,) you /cannot/ refuse to hire them based on "they'll soon be illegal."
Businesses can also be sued by potential employees for this stuff - if they for example required I-9 paperwork from an employee and some of it looked false so they ask them for another piece - if they didn't ask every single employee for a "second" piece of I-9 paperwork then they can be sued for national origin discrimination. (That's in the states/counties/municipalities that have actually put in requirements for I-9s and eVerify and stuff, I think most places off the border don't have the requirements [Unless something has drastically changed anyway, I've been retired a while so its been a long time since I actually had to look it up for any specific states. I do know that Alaska doesn't require citizenship documents and I know that N.Dakota hadn't prior to the fracking boom. Outside those two states, I'd be seriously guessing at it, like I can bet that CA doesn't require documents, Texas probably has in some counties, but not all over, etc. But like I said, that's just me guessing] Anyway, if the state/county/muni don't require eVerify/I-9 etc. then they default to the first rule [the Federal IRCA rule] - "cannot discriminate based on citizenship status.")
Nowhere in that mishmash of selected editing does it say that it is perfectly legal to hire illegals. What it actually says, and obviously flew over your head like an F-18 at 25 feet and 600 mph, is that you cannot discriminate against people's immigration status who came here LEGALLY! I processes potential recruits for the US Army. As long as they are a resident alien with an I-551 (green card), they are perfectly legal to join the Army. Those laws you are quoting are saying that it would be illegal to deny them employment based on their immigration status. i,e. not being US citizens, as applied to employers. They do not say you can hire illegals.
If Joe Shmuckitelli is just off the boat from Italy with a green card in hand, you cannot refuse to hire him just because he is Italian, and you happen to hate pizza and pasta! If he has no green card, you are absolutely under no obligation to hire him because he is an illegal alien.
Uhm no, I fully addressed the "discrimination" angle when I talked about IER and INA laws.
If you have a problem with the wording I used, then take it up with the government. I DIRECTLY quoted the EEOC website -
National Origin Discrimination
Citizenship Discrimination & Workplace Laws
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee,
based upon an individual's citizenship or immigration status. The law
prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract.
[Emphasis added above] The latter underlined bit of that is when state/county/muni laws and regulations can come in, a bit of a "loop hole" to get around the IRCA by requiring /all/ prospective employees to provide I-9s and eVerify - but that ONLY applies if the politicians put those "requirements" on the books.
The military on the other hand falls under "government contract" and is directed by separate rules as to what laws/regulations they follow regarding illegal immigrant hires. The military in specific, if I recall, /can't/ hire illegals in general because there is an obvious national threat issue involved. (As I recall it Obama and I think even Bush, did, in fact push, through some stuff to hire Dreamers and other "undocumented aliens" into the military.)
A ton of businesses are /not/ "government contracts" nor are they falling under state/county/muni laws that might require of I-9s and eVerify - thus they default to the IRCA interpretation I quoted above and are FORBIDDEN from "discrimination" by only hiring US citizens.
States can also go the other way and /prevent/ the non-hiring of illegals - that is what CA did when they handed out DL's to illegals (which under the IRCA count's as "valid documentation")
The problem comes in the (ii) bit of the IRCA, and even (i) as in sanctuary locations:
SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
(a) IN GENERAL. -- Chapter 8 of title II is further amended by inserting after section 274A, as inserted by section 101(a), the following new section:
"UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES
"SEC. 274B. "8 USC 1324b" (a) PROHIBITION OF DISCRIMINATION BASED ON NATIONAL ORIGIN OR CITIZENSHIP STATUS. --
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
"(A) because of such individual's national origin, or
"(B) in the case of a citizen or intending citizen (as defined in paragraph (3)), because of such individual's citizenship status.
"(2) EXCEPTIONS. -- Paragraph (1) shall not apply to --
"(A) a person or other entity that employs three or fewer employees,
"(B) a person's or entity's discrimination because of an individual's national origin in the discrimination with respect to that person or entity and that individual is covered under section 703 "42 USC 2000e-2" of the Civil Rights Act of 1964, or
"(C) discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.
I'm leaving out Section 3 because of amendments and case laws. I'll see if I can find one of the many arguments made in court by "undocumented immigrants" lawyer's that undercut any provision of not hiring illegals soon as I can - I gotta do some shit.
Start here if you want it now:
EEOC REAFFIRMS COMMITMENT TO PROTECTING UNDOCUMENTED WORKERS FROM DISCRIMINATION
"Federal law makes it illegal to discriminate against any worker in the United States,
regardless of immigration status. In response to Hoffman, the EEOC recently directed its field offices that claims for all forms of relief, other than reinstatement and back pay for periods after discharge
or failure to hire, should be processed in accord with existing standards,
without regard to an individual's immigration status."
"Commissioner Leslie E. Silverman noted: "By this action, the Commission recognizes that the Hoffman decision required our Agency to step back and re-examine our policy on remedies for undocumented workers. While Hoffman affects the availability of some forms of relief to undocumented workers,
make no mistake, it is still illegal for employers to discriminate against undocumented workers."
and here:
Facts About Employment Rights of Immigrants Under Federal Anti-Discrimination Laws
"
The Immigration and Nationality Act (INA), 8 U.S.C. § 1324
Discrimination based on citizenship status is expressly prohibited by the Immigration and Nationality Act's (INA) anti-discrimination provision, 8 U.S.C. § 1324b.
The law prohibits: 1) citizenship status discrimination in hiring, firing, or recruitment or referral for a fee; 2) national origin discrimination in hiring, firing, or recruitment or referral for a fee; 3) unfair documentary practices during the employment eligibility verification, Form I-9 and E-Verify processes; and 4) retaliation or intimidation"
Now I /really/ have to go heh
