Jenny Chang, co-counsel in the case, blogged in The Hill about the new rule, and how it still doesn't adequately protect American workers:
The reissued rule fails to substantively change the original rule that was blocked last October when a federal court found that it would cause irreparable harm to both innocent American workers and employers. Instead, it unsuccessfully attempts to explain away the inherent problems caused by relying on the error-ridden Social Security Administration (SSA) database to verify legal authorization to work.The New York Times agreed in an op-ed entitled "A Foolish Immigration Purge," published today. The Times writes:
...Rather than penalizing American workers for typographical errors in the SSA's own database, the Administration should work to enforce existing laws protecting all workers against discrimination and exploitation. Enforcing protections for all workers will reduce the incentives for unscrupulous employers to evade the immigration laws."
Leave it to the Bush administration to throw thousands of law-abiding American workers and companies off a cliff in perilous economic times.You can learn more about this case, AFL-CIO v. Chertoff, at www.aclu.org/nomatch.
That would be the effect of its decision to press ahead with a bad idea: to force businesses to fire employees whose names don't match the Social Security database. The purge is part of a campaign - along with scattershot workplace raids and the partial border fence - to make a show of tackling the broken immigration system.
...The Social Security Administration was set up to administer benefits, not to enforce immigration laws. There are many illegal immigrants who use fake IDs, but the sheer abundance of errors - the result of name changes, misspellings and other mix-ups - preclude their use for an immigration crackdown. Native-born workers will pay the price for these mistakes, but the foreign born also will suffer, because they are especially at risk of errors from inconsistent spellings, mistranslations and other language issues."