Judge grants request to block U.S. government plan on illegal labor
By: JULIANA BARBASSA - Associated Press | ∞
SAN FRANCISCO -- 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 that 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 plaintiffs 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 glitches.
The government argued that the rule doesn't impose an expense, and some businesses want to avoid liability for hiring undocumented workers.
Rep. Brian Bilbray, R-Solana Beach, criticized the judge's decision, saying the ruling would make it harder for federal authorities to enforce immigration laws.
"Using a Social Security number that does not belong to you is a felony," Bilbray said in a written statement. "Judge Breyer is compromising the rule of law principles that he took an oath to uphold. At a time when the federal government is finally trying to enforce current immigration law, we cannot have activist judges stand in the way of doing what is right."
Lilia Velasquez, a San Diego immigration attorney, said the ruling will not prevent authorities from enforcing immigration laws.
"If (the Department of Homeland Security) has information regarding a no-match number for someone who claims to be in legal status, they will simply request an audit of the employee records from the employers, and then make a determination as to whether they will arrest the undocumented worker," Velasquez said.
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 Social Security numbers to get a job.
In August, Homeland Security Secretary Michael Chertoff announced the agency would start notifying businesses that if workers were unable to clear up problems with their Social Security numbers within 90 days, they would have to be terminated. If not, their employer could face criminal fines and other sanctions.
According to government attorneys, the rule simply clarifies employers' obligations under immigration law and gives them clear guidelines on how to handle mismatched records. Until now, the Social Security Administration regularly notified employers of discrepancies, but employers were not required to act.
The measure was scheduled to take effect in September, with the mailing of about 140,000 letters, each containing the names of 10 or more employees with mismatches in their records.
The San Francisco federal court blocked its implementation after the suit was filed, issuing temporary restraints until the judge could determine whether the plaintiffs would suffer damage if the government were allowed to go forward with its plan.
Attorneys representing businesses associations argued the Department of Homeland Security's plan would place a costly burden on them that could lead to the needless firing of employees. That, in turn, would open them up to lawsuits and charges of discrimination.
Civil liberties organizations joining the suit pointed out the rule likely would lead to the violation of the rights of many legal workers who might have made a mistake they couldn't correct before deadline.
An analysis of the "No Match" letter policy estimated that at least 1.5 million workers would be affected by the letters, a quarter of whom live in California, according to the Migration Policy Institute, a Washington-based think tank that specializes in immigration matters.
"The Social Security Administration is prohibited from releasing no-match information to the Department of Homeland Security for enforcement purposes. So the regulation would not make it any more likely that an employer who receives a no-match letter would be the target of an investigation. Instead, the initiative attempts to lead employers to take action themselves," said Doris Meissner, a researcher at the institute.
-- Staff writer Edward Sifuentes contributed to this story.
More Federal Negligence wrote on Oct 10, 2007 11:14 PM:Judge Breyer is a Federal employee. No reason to think that the Judicial branch will be more responsible than the Executive branch in this matter. Both branches have been corrupted by the same lust, political power. Federal Judges want to be the final arbiter of all political questions, which lust for political power is destroying our Republic and its democratic ideals.
Federal Tax = Irreparable Harm wrote on Oct 10, 2007 11:17 PM:The IRS will cause me irreparable harm by collecting Federal Income Taxes from me! Is a Federal government that is unwilling to protect against foreign invasion worth supporting with taxes?
Federal Judicial Oligarchy wrote on Oct 10, 2007 11:20 PM:Another case of a Federal Judge out of control! America is a Republic, not a judicial oligarchy, and not a monarchy. In a Republic, the supreme power is held by its citizens entitled to elect representatives responsible to them. A lifetime appointment does not give a Federal Judge the authority to ignore the law. An independent judiciary is a cornerstone of justice and our Republic. However, a political Federal judiciary, claiming to be the supreme voice on political matters, destroys the Republic by converting it into an oligarchy of Federal Judges. That oligarchy, not matter how benevolent or just, is still an oligarchy, and is an insult to the democratic ideals upon which this country was founded. Our Constitution is not perfect, and persons of ego and ambition will, from time to time, expose its defects.-
Actually Invaded wrote on Oct 10, 2007 11:23 PM:The states do not need Federal permission to sweep for illegal aliens under an express provision of the US Constitution! 'No State shall, without the consent of Congress, . . . engage in War, unless actually invaded . . . .' US Constitution, Article I, Section 10. Just about every state have been 'actually invaded'! If community believes it is being invaded, then the community's Police Department can detain and deport all illegal aliens within its jurisdiction, and the Federal Government is violating the constitution if it uses any force, law, or ruling, to stop such constitutionally sanction actions.-
Stan: wrote on Oct 10, 2007 11:29 PM: We need some judges in San Francisco that love their country. We need some unions that love the USA - don't they know that getting rid of the illegals will open up the jobs that taken away form their membership?
You have got to be kidding me!! wrote on Oct 11, 2007 12:07 AM:Did I just wake up in Mexico? We are a country of laws but immigrant right's activists seem to want to make all of our laws meaningless when it comes to people who stole into our country. Making sure people are using a proper SS card is a hardship- what a joke!! Why do illegal aliens NOT have to adhere to our laws?
Roberto1 wrote on Oct 11, 2007 12:54 AM:Another blow for social security....We are going to expedite the rate of bankruptcy IMHO.
My Number is Being Used wrote on Oct 11, 2007 1:07 AM:I wonder if this judge from the ninth circus tune would change if someone was using his social security number. That is why they call it the ninth circus, nothing but clowns in black robes.
Over Easy wrote on Oct 11, 2007 4:27 AM:More often than not, rulings from San Francisco judges and the Ninth Circuit are overturned. Why do these judges even bother with their silly rulings, other than to air their wishful thinking?-
Independent wrote on Oct 11, 2007 4:55 AM:Unless a person fraudulently obtained or is using a bogus SSN, 90 days is plenty of time to resolve any discrepancy in their records. When exposed, "undue hardship" befalls those engaged in illegal activity.-
Just Disgusting wrote on Oct 11, 2007 5:19 AM:This case was brought to the SF court because they knew it was filed with liberal judges. Let's all elect more Democrats so we can have more of the same across the country!-
What this is. wrote on Oct 11, 2007 5:37 AM:Is a temp order to allow the judge to gather info and briefs. IMO it will be lifted because it is entirely legal. AND, by the way, it's the right thing to do. Go after the employers and put them in jail for using illegals. Trouble is they are ALL Republicans. Oh well. Let the chips fall.-
YES!!!!! wrote on Oct 11, 2007 6:06 AM:Another win for the good guys!!! I love it when the justice systems works and judges actually use the Constitution as the standard.-
Kewl wrote on Oct 11, 2007 6:32 AM:I am in the credit industry. You know how many times I run a social and come up with 15 other people using that number? I am going to start faxing ICE and Social Security this info, not the credit report but that I have ran one and 15 other people are using that number, please check this out. Or, is the judge going to rule this is illegal? lol-
I believe wrote on Oct 11, 2007 6:34 AM:boys and girls it is time to start calling, writing, emailing your lawmakers and let them know, we are not paying anymore taxes until they clean up their act and enforce our immigration laws.-
Kewl wrote on Oct 11, 2007 6:41 AM:Another thing is if I can find multiple names using the same social, are you going to try and tell me that our Social Secruity doesn't have the means to run a report that gives this info? Maybe time to file suit against Social Security?-
Paul wrote on Oct 11, 2007 6:51 AM:I am so angry!-
Bert wrote on Oct 11, 2007 7:00 AM:The law of the land is that one is supposed to be documented, one way or the other, when one is 'in country.' To say that a law is unlawful, smacks of politics, not rational thought.-
Pandering wrote on Oct 11, 2007 7:32 AM:Bilbray's comment is either ignorant or deliberately misleading. As a U.S. Congressman, he should know that a judges job is to balance and weigh competing legal interests and precedents. Whenever a politician doesn't like a decision, they call the judge an "activist". Bilbray should be helping educate the public about the workings of government, including the legal system. If he disagrees with the decision, he should say why. Instead he deliberately misleads the public he is supposed to serve.-
Go Figure wrote on Oct 11, 2007 7:37 AM:Could it be any more clear after this decision that lawbreakers in this country are entitled to more protections under the Constitution than any law abiding person ever will be? I guarantee you that if these judges, lawyers or labor union representatives had their lives impacted criminally by the acts of a person in this country illegally that our laws would be enforced as intended. Since they only benefit by the actions of these lawbreakers by collecting fees and other means of lining their pockets, you will continue to see idiotic decisions such as yesterday's being made.-
My company requires wrote on Oct 11, 2007 7:46 AM:us to register with the SS admin and check SS numbers when we hire someone. I have checked 14 in the last five days. THREE of them were good. The others didn't exist in their system or names didn't match. People you need to WAKE UP NOW!-
Thank God!!!! wrote on Oct 11, 2007 7:49 AM:I thank God that we are a country of laws and that their are still judges who will do what is right by the law. The Constitution grants ANY ONE equal protection under the law, the right to life, liberty and property. Good job Judge Charles Breyer. I am very happy with decision. It has restored my faith in this great country I live in!!!-
Patriot wrote on Oct 11, 2007 7:49 AM:The public is being irreparably harmed by this foreign invasion. Millions spent on public education. Millions spent on health care. ... And we have judges and politicians enabling it all.-
Chester wrote on Oct 11, 2007 7:55 AM:This ruling makes it easy. Stop the charade. Don't send letters, send ICE agents. All the letters do is allow the illegals to go down the street to get another job. We don't want that. Send ICE agents, lock up the employers and deport the illegals.-
Skip wrote on Oct 11, 2007 7:57 AM:Hey I got a good idea. Let's give them free education and scholarships and call it the "Dream Act"-
to Federal Judicial O wrote on Oct 11, 2007 8:01 AM:Apparently you haven't heard there are three branches of government, designed by our Founding Fathers to serve as "checks and balances". You are arguing for unchecked power of "the people" as (supposedly) represented by the legislature. The Founders set up the judicial branch to protect the Constitution against popular, perhaps momentary passions and sentiments of the people and pandering politicians.-
time for revolution... wrote on Oct 11, 2007 8:16 AM:The 9th circuit court judges are a bunch of idiots who have cost California billions.... remember when we voted in a landslide to stop paying health care for illegal immigrants... these judges nullified that vote within days of the election... now they are in a round about way, "legalizing" illegal behavior by making it almost impossible for the government to stop the illegal invasion of the USA... when are we going to find a way to "nullify" these crazy liberal judges... time for revolution and take back America from the crazies....-
Alf wrote on Oct 11, 2007 8:17 AM:Are you, "Bert", trying to say that our "trustworthy", "honest", "legally proficient" law-makers always pass laws that always meet Constitutional requirements? Are you saying that "the will of the People" supercedes the Constitution without making an Amendment to the Constitution? Law-makers and the People make mistakes, don't pay attention to the guiding limits placed on all of us and rights given to all of us by the Constitution and write bad laws. Two glaring examples of bad laws are the USA Patriot Act, passed by Congress and Prop. 83, passed by the people, both of which violated the Constitution in multiple ways and had to have parts of each struck down. Regards, Alf.-
Concerned-1 wrote on Oct 11, 2007 8:19 AM:If there is a silver lining here it is that the money going into the false SS accounts won't be given back to the false SS holder. Hopefully, it will help fund SS for the rest of us. Probably just wishful thinking on my part.-
to Skip@7:57 wrote on Oct 11, 2007 8:23 AM:Many immigrant's rights activists are against the Dream Act, too, just like we were against the big immigration reform bill. The Dream Act is an attempt to bribe people without documents to fight in Iraq, which nobody else wants to do any more. The children of Bush and Congress should fight this war, but they have "other priorities". ...-
dick m wrote on Oct 11, 2007 8:25 AM:remove this illigal ruleing judge from the bench NOW!!!!!-
This is wrote on Oct 11, 2007 8:29 AM:one more battle lost in the ongoing surrender of our sovereign nation to the many special interest groups that are fracturing our society from within and abroad. Unfortunately, the growth of these special interests, and the resulting fracturing, is the result of and the biggest flaw in our nations design as put forth by the founders. I love our constitution, just not how it has been abused. This nation will eventually be defeated economically and socially by the demands of special interests that know how to organize and manipulate the constitution for their own benefit, while the majority of citizens stand on the sideline and watch rather than defend our way of life. It is time to choose sides and arm yourselves with your weapon of choice; be it money, guns or lawyers. The war has begun, get ready to rumble.-
Ken wrote on Oct 11, 2007 8:30 AM:This federal judge really needs to have his head checked out. I always thought that judge's were there to uphold the law and not have empathy for those that break our laws. We would not have been in this situation had the federal government been doing their job starting back in 1986! It is time for the American people to take back their country, deporting all of the ILLEGAL ALIENS!-
What we need wrote on Oct 11, 2007 8:44 AM:is more ICE Agents and have these so-called judges thrown out of office for violating law! Last time I checked it is illegal to be in this country illegally! And a revolt by the people would also be a very good idea! -
Bryan wrote on Oct 11, 2007 9:08 AM:I do believe the liberals / democrats / ACLU are the anti-Christ. They will stop at nothing to destroy this country. They will not stop until all our laws are removed. They say do what ever you want do what ever makes you happy. How about the liberal freak judge that is going to stop the water supply to southern California because a small 1 inch stupid fish. How about the liberal supreme court judge who says we have to disregard our constitution and start following international law and give all powers to UN. Look at liberal England, they have just passed a law that if you speak negatively about gays you will be sent to jail for 7 years. It will not stop and only get worse if the queen liberal Clinton gets into the white house.'
Madam Patriot wrote on Oct 11, 2007 9:10 AM:Since when does an employer?s financial burden overweigh the People? And just what is the ?undue hardship or costly burden? that is being mentioned? All the employer has to do is notify the employee that their information doesn?t match social security records. Why would that be a hardship or burden to the employer or the employee? They do things like this all the time. If the employer receives an order to garnish an employee?s wages they have to do three things; the First being to notify the employee, the Second would be to process said order within the timeframe specified, and the Third would be to release said order once the employee has provided proper documentation. The employee has 90 days to get their documentation together which is a ridiculous amount of time when you think about it. All a legal employee would have to do is go to a Social Security office and verify some pretty easy information (city of birth, parent?s names, etc.) with the officials there to get a release. Someone who created a bogus SSN usually wouldn?t know this information. If this is a burden to do this, then aren?t tax garnishments, child support garnishments, etc. burdens too!'
You guys are nuts! wrote on Oct 11, 2007 9:12 AM:Talk about a lynch mob! Any of you guys read the case? The determining factor was the fact that the social security database, maintained by the government, was not trustworthy! How many times have Hedgecock or Roberts had people on their shows complianing that they couldn't get their SS numbers cleared up. So now Joe Employer, who runs a machine shop with 5 employees, gets a notice on Johnny Lunchbucket, a 5th generation californian who's had his SS# jacked. Sicen he's 5th gen, and never traveled outside the US, he's got no passport, and he hasn't seen his birth certificate since he was a kid. It will take 30 days to get a response from the US government, 60 days to get a copy of the birth certificate, and if there's any hitch, he's out of a job and 2 americans get the shaft. So what this ends up being is a Bush ploy to satisfy his base, and get people more pissed off - talk radio is really helping on this one - an push congress to do something. Everyone thinks this is just an easy fix - well, it ain't! If this judge didn't stop it, you would have had business groups contesting fines and dragging this through countless courts - which would probably have been a bigger mess. This is alot like... belly! 20 years of wineing and dining to get to this point, and 2 weeks of excercise and dieting don't do squat. Long term problems require long term solutions. We're not ready for this step yet.'-
o2cool1 wrote on Oct 11, 2007 9:30 AM:This is really good news for Orange County Republicans, now they wont have to fire their gardener,house keeper and nanny.
This is Crazy! wrote on Oct 11, 2007 9:32 AM:I owe back taxes because 2 other people are using my social security number! This needs to stop now! Our government needs to help us! We are the legal citizens here...but the gov. is more interested in helping those who are breaking the law!
Albert wrote on Oct 11, 2007 9:33 AM:When are these "so called" Americans who claim to be law abiding citizens going to realize they can't keep allowing the law's of this great country from being broken. If anyone breaks the law, even persons entering this country illegally, they are in violation and are to be repremanded with what is prescribed by the law, even deportation. You break the law, you pay! It's that simple. Judges are not immune to the law, so why are we allowing them to get away with THEM breaking the law? Do something about it. Take proactive measures and speak out against this crime against our United States of America. I fought for to protect the Constution and to protect my homeland. What are you going to do about it? Dont' just sit there; do what is right!
now is the time wrote on Oct 11, 2007 9:45 AM:Now is the time for some leaders to step up to the plate. This country was founded by some incredible leaders who had a vision of a place where people would have a better life without corrupt government taking away their right for liberty and the pursuit of happiness. Now we have a government filled with people who have special interests as their guiding light and have no regard for the average working stiff who pay the taxes that they spend with impunity. We need some leaders now or this once great country is going to fade into the history books as a great experiment in democracy that went astray.
Bottom Line wrote on Oct 11, 2007 9:52 AM:This ruling is protecting the civil liberties of felons. Would this judge protect my civil liberties if I become a felon and refuse to pay my taxes? Once again, a ninth circuit judge - remember prop. 187? - Is pandering to special interests. And these special interests are NOT targeted toward legal, hard working, tax paying American citizens. Enough is enough people. We are giving away the farm...
to Skip@7:57 wrote on Oct 11, 2007 10:02 AM:You are forgetting about Senator Gilbert Cedillo(D-Los Angeles (Mexico)) author of SB 160 California Dream Act, which will gill Undocumented immigrants (illegal Aliens) and their children access to the California School system complete with financial aid and scholarships. I look at it this way: for every undocumented aliens who receive scholarships, an equal amount of equally qualified United States citizens will be denied. There is no unlimited pool of money to draw from.
Skip wrote on Oct 11, 2007 10:03 AM:There is no provision in the California Dream act for Military Service. It simply uses taxpayer funded programs for Illegal Aliens.
Reardon wrote on Oct 11, 2007 10:03 AM:Alf: The problem with 187 is that we elected Gray Davis and he elected not to vigorously defend the people's vote! He could have then appealed the 9th -- the single most overturned Court in this nation -- but he refused to do so. I have no idea how the Supremes might have ruled, but they never had the chance.
Reardon wrote on Oct 11, 2007 10:11 AM:Anyone who thinks that ours is a nation governed by three equal branches of government, under a concept of "checks and balances" only needs to read the words of Justice Jackson in the 1953 Surpremes decision, Brown v. Allen: “we are not final because we are infallible, but we are infallible only because we are final.” If they are "final" there is NO check or balance!
Stick to the article!!! wrote on Oct 11, 2007 10:28 AM:I am glad that this judge took a stand for what is right under the law. Unfortunately some of you people just refuse to come to grips with the fact that the 14th Amendment and the Constitution provides rights to all people in the jurisdiction. I know that is hard to understand but I did not write the Constitution but lucky of the illegal immigrants that it is there. Give them their rights!!!!!
R.N. wrote on Oct 11, 2007 10:28 AM:IN 50 YEARS, THE UNITED STATES "WILL" BE MEXICO. WITH HIGH BIRTH RATES AND PROTECTION FROM THE GOVERNMENT, MAYBEY IT IS IN THE CARDS AND WE JUST NEED TO ACCEPT IT. BOY, I WISH IT WERE THAT EASY FOR BLACK FOLKS (FOR WHICH I AM)!!! ADIOS, YA'LL!!!
American-Irish Citizen wrote on Oct 11, 2007 10:30 AM:Why don't the people of Mexico start filing for Social Security benefits of US citizens using the stolen SSN data? Even if the names do not match the SS number or the US citizen's age, I am certain they can find a liberal judge in NoCal who would declare it illegal to withhold the social security monthly payments to the Mexicans.
From Democrat-Robert wrote on Oct 11, 2007 10:44 AM:Its long overdue that all of our elected officals join Rep Bilbray on this issue. What... are they waiting for? Do we need to tie up their phone lines again like we did to the US Senate in June on the same issue? This issue is not difficult other than the fact that its been ignored for way too long. Lets just enforce our existing laws and cleam this mess up now!
Concerned-1 wrote on Oct 11, 2007 10:53 AM:U.S. District Judge Charles Breyer is a graduate of Harvard and Berkeley who worked closely with Willy Brown before being appointed to the Federal Bench by Bill Clinton in 1997. His brother is Stephen Breyer is a Supreme Court Justice appointed by Clinton. "Chuck" Breyer has been associated with several controversial decisions over the years. Thought you'd all like to know the facts. Regards, C-1.
can anybody tell me wrote on Oct 11, 2007 11:10 AM:if the State of California is still giving $500.00 per child, per month to the illegals? This was to be abolished in July!
Cassandra wrote on Oct 11, 2007 11:25 AM:I predict that this temporary block of the No-Match letters will accomplish it's objective,that is; to delay implementation long enough for the Democrat Corporatists to take control of the Executive and Judicial Branch in 2009. Then the final aspects of the design will be completed. The US Constitution is dead, it needs only be buried to shouts of "Long Live the NAU!"
Theotis wrote on Oct 11, 2007 11:33 AM:Mr. Breyer is in the SF bay area. Need we know more?
Peedrow wrote on Oct 11, 2007 11:35 AM:Bravo Judge Breyer! Here is truly a friend of the Reconquista Movement. Alta California will be ours again, and there's nothing you spineless Americans can do to stop us!!! Si Si Si!
Amazing! wrote on Oct 11, 2007 11:36 AM:Today... Everyone has some sort of identification, drivers license, state identification, school identification, etc. It's impossible for ANYONE not to have the ability to identify themselves. For the court to issue an order blocking the government to enforce the law is just mind boggling. This hurts nobody except illegal aliens. If you can't drag your lazy butt to human resources and correct a problem in 90 days, your an idiot. How many American citizens will be harmed by the lack of enforcement and identity theft? This is nonsense, Nero fiddled while Rome burned. the United States of America, a good concept, it's gone.
Ralphs wrote on Oct 11, 2007 11:40 AM:There must be something in the water in the San Francisco area or have all the nuts migrated to this portion of California. Being a Clinton appointee explains some of it, but why do non-citizens seem to have more rights than ciitzens. I hope every politician with an ounce of sense demands that this be overturned. And for all of those in this area that agree with it, would you like your Social Security Account impacted by illegals? Somone else using your SSN also impacts your credit rating which impacts your life. Wake up America, we are being taken over from within.
To Sick of the Article wrote on Oct 11, 2007 11:40 AM:This bill covers illegal aliens who are not citizens, people who came here with child illegally. Read the DREAM ACT than make a comment...
Hopefully the Governor. wrote on Oct 11, 2007 11:47 AM:Will VETO this nonsense.
America first last and always wrote on Oct 11, 2007 11:58 AM:This judge is an antiamerican leftist that should be thrown out of the judicial system. You talk about Mexican rights? To what? Steal Americans identities? Perpetrate fraud? Subvert our laws like they do in Mexico? Turn our country into a corrupt third world cesspool like Mexico?
This is your government wrote on Oct 11, 2007 12:07 PM:at work. Still want to pay taxes? An immigrant who is in the United States legally does not have to be deported if convicted of having sex with a minor, a federal appeals court ruled Tuesday. In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco said the crime that Alberto Quintero-Salazar admitted in 1998, illegal intercourse between an adult over 21 and a youth under 16, was not the type of "vile, base or depraved" conduct that subjects a lawful U.S. resident to deportation.
This is insane wrote on Oct 11, 2007 12:27 PM:Enforce our laws now! Since when do activist judges decide what's good for our society? I thought that was up to the CITIZENS!
To This is Crazy wrote on Oct 11, 2007 12:27 PM:I guess alot of people here are calling you out! I mean, if you can't get your problem fixed in 90 days, then something must be wrong with you. You must be an idiot, incompentent, or an illegal. So which is it? OK, enough - apologies to This is Crazy, but this is a perfect example of why this law is flawed. Does this catch any illegals? Doubtful. Does it mess up otherwise lawful citizens who never had to prove they were citizens, and now have to prove their citizenship? How many people have passports? Very few. How many people have an original birth certificate lying around? Very few. Drivers licenses, state or school ID is worthless for this. Yup - what nonsense. What a political stunt.
JTP wrote on Oct 11, 2007 12:43 PM:Good to see so many responses to this article. This is so typical from judge's in the 9th circus. They are commy's everyone of them. Everyone of us need to write letters and make calls to the people in office who dont seem to understand one thing: WE the people want illegal immigrants out of this country. JP
RG wrote on Oct 11, 2007 1:24 PM:Do I understand this correctly? A Federal judge ruled to allow the unlawful practice of using fake Social Security numbers because it might inconvenience those breaking Federal law, and those who profit by turning a blind eye to that behavior?
Tom wrote on Oct 11, 2007 1:38 PM:The sad thing about this whole story is that Homeland Security, Michael Chertoff couldn't be happier about this. Just another excuse for him and Jorge Bush to try to pass lousy legislation that would grant these illegals amnesty.
Watchdog wrote on Oct 11, 2007 1:39 PM:And why are the unions so hell-bent to protect the "poor" illegal immigrant? Nancy, Dianne, Barbara. . . Anyone?
It's costing You wrote on Oct 11, 2007 1:41 PM:California's nearly 3 million illegal immigrants cost taxpayers nearly $9 billion each year, according to a new report released last week by the Federation for American Immigration Reform, a Washington, D.C.-based group that promotes stricter immigration policies.
Guillermo wrote on Oct 11, 2007 1:43 PM:Stop whining!! Accept the inevitable! We have friends in high place, such as Senor Judge Breyer. California shall once more be joined with Madre Mexico!
Pedro wrote on Oct 11, 2007 1:58 PM:I love the ACLU!!! God Bless the ACLU!!!
Juan wrote on Oct 11, 2007 2:00 PM:The IRS; We've got what it takes to take what you've got!
to can anybody tell me@11:10am wrote on Oct 11, 2007 2:09 PM:I can tell you that "illegals" don't get $500/child/month, and didn't before July, either. Where do you get this nonsense, the Minutemen?
STOP THE INVADERS!! wrote on Oct 11, 2007 2:26 PM:how do you know? are you illegal? if so please leave the country, your not welcomed and only bring crime, drugs, and infiltrate our schools with your non-english speaking kids that only hold back students who speak english and belong in this country because long ago their family came over here legally!!'
Relax. wrote on Oct 11, 2007 2:31 PM:This is a temporary restraining order so the Judge can study the situation. What in the world is wrong with you people?
Reardon wrote on Oct 11, 2007 2:32 PM:To can anybody tell me: Yes, I can tell you -- it is not $500 -- it was $491. I refer you to the NC Times article, January 20, 2007 of this year, headlined: Illegal immigrant parents facing aid cut By: WILLIAM FINN BENNETT - Staff Writer. If you have any difficulty finding it, I saved a pdf file. (The program was put in place by then Gov. Pete Wilson!) Please check your facts before making declarative statements and calling names.
So what wrote on Oct 11, 2007 2:33 PM:Social Security has been sending no match letters for years now. I am an employer who has received numerous such letters. We inform the employee that there seems to be a problem, the employee either fixes it, or never comes back.Sometimes the same DNA returns as a different person. Yes it would be great if this were stopped at the time of employ, however, we as employers are not allowed to question any thing presented to us by prospective employee. By the time you get the no match letter you've already invested sometimes months in that person. At one time you could call SS to get a somewhat quick response of the validity of the match. Now they don't get back to you for weeks if ever. Please just really secure the borders. Cut the political crap, and start taking care of us real/true Americans. I'm not sure how to handle the illegals already here (I'd love to deport them, but that will never happen.) Secure the borders NOW. Stop the madness.
Identity theft wrote on Oct 11, 2007 2:47 PM:Do we, as a society , not wish to curtail identity theft? Identity theft has become rampant, and illegal alien workers with fraudulent and falsified identification documents have become serial, repeat offenders. Is preventing fraud, deception, and misrepresentation racist? I am so glad that we continue to bend over backwards to accommodate greedy, big business and those who have violated our laws - all at the expense of law-abiding citizen taxpayers. Is the federal government trying to foment civil unrest? This is getting utterly ridiculous! Are you ready to take a stand?
Pablo wrote on Oct 11, 2007 3:15 PM:There is only one thing to do. Vote for Tom Tancredo for President. If everyone who is sick of being ignored by the politicians we elect votes for Tancredo the others will get the message and do something. Don't waste your vote. Make it count, vote Tom Tancredo.'
Senor Papa wrote on Oct 11, 2007 3:47 PM:We were here long before the white man and we will be here long after the white man and thats when we become the MAJORITY. You are all getting scared because, you know the inevitable. The brown man will out number every race and there is nothing you or the government can do. To bad I will not be alive to see it.
Reardon wrote on Oct 11, 2007 3:51 PM:to Relax: Ahhh, no. The temporary restraining order for 10 days has expired -- this is a "ruling." If it is overturned at the Appellate level (unlikely) or the Supreme Court (more likely), I hope those who applaud this ruling in support of the "rule of law" will give equal support to the overturning as "the rule of law." (Unlikely.)
To: Can anybody tell me wrote on Oct 11, 2007 4:25 PM:Nope sorry not the minutemen, that came from Governor Arnie himself!
Paul wrote on Oct 11, 2007 4:29 PM:The constiution reads that the Supreme court will rule on judicial procedure. They are not there to make laws. This was brought about under Franklin Roosevelt, and both Democrats and Republicans have had heartburn ever since. So much for checks and balances.
What? wrote on Oct 11, 2007 4:46 PM:Checks and balances. That's a good thing. DHS trying to take a short cut by having employers do ICE's job isn't. Give this info to ICE and raid those buisnesses. If the buisnesses fire these people they will just make up another number and get a new job. Raid and deport. Seems pretty simple if the Federal government would get to work and do their freaking jobs.
Jose wrote on Oct 11, 2007 4:53 PM:All of you La Raza type are sound so stupid! Do you really want to turn Cali into Mexico? My parents came here legally to start a new and better life. Not to bring all the baggage from Mexico with them. It's down right embarassing to read your comments. Obey the law and get with the times.
Okay. wrote on Oct 11, 2007 5:18 PM:To Reardon. I hope you will follow the legal process and report back that you were, in fact, wrong. As you say, that would be "Unlikely"
The Los Angelization is Nearly Complete wrote on Oct 11, 2007 5:24 PM:With the final surrender of the Los Angeles Police department this week, the take-over is nearly complete. Now watch as the Los Angelization of California takes place. The previous posters, "Guillermo, Pedro, and Juan", are not kidding. Meanwhile as the immigrants are out demonstrating and demanding and getting, the Americans just sit back and watch. It is no wonder why that America could never win a war anymore, no matter what the consequences. http://www.nctimes.com/content/articles/2005/08/12/opinion/cartoon/thornhill-8-12.jpg
Tinyboy wrote on Oct 11, 2007 5:26 PM:Well, then I guess ICE just continues to pick them up immediately like they have been doing without giving them notice. No judge has the right to tell the government they can't enforce our laws. I think the illegals just made it worse for themselves, because I doubt ICE is going to stop doing what the law allows. The employers just screwed themselves out of a 90 day repreive.
MVet wrote on Oct 11, 2007 5:27 PM:The corruption in this country is astounding! You know it's bad when our courts pander to illegal aliens. Spineless Chertoff just whines like a pathetic baby, rather than demanding the enforcement of our laws. When the terrorists strike again (and they will), all of these traitors will have blood on their hands.
Adam wrote on Oct 11, 2007 5:30 PM:Good call judge. Let illegal aliens continue to steal the identities of innocent American citizens. I'm sure that won't be an inconvenience to anyone. That worked out well for everyone didn't it? Doesn't make much sense, but what does when it comes to illegal immigration? Why do I feel like American citizens have to constantly fight the very people who are supposed to be representing us? More so than not, these so-called judges come down on the side of illegals and business. It seems it is more important to appease everyone but the American people. I'm tired of these scum bag business owners that use cheap labor and force us to subsidze it.
Robert wrote on Oct 11, 2007 5:34 PM:I am starting to look more closely at RON PAUL, as a candidate for our next president.
Skip wrote on Oct 11, 2007 5:36 PM:The next thing you know, they (THE ILLEGAL ALIENS), will be DEMANDING driver's licenses.
Yes, Skip: wrote on Oct 11, 2007 6:34 PM:We have to give them drivers licences. They are here. Get a clue.
To Skip wrote on Oct 11, 2007 6:36 PM:I expect you know Cedillo authors that bill every year too, so his partisan buddies in the legislature can rubber stamp it and send it to the governor for veto. Look for it any day now.
to robert wrote on Oct 11, 2007 6:37 PM:Why would you support Ron Paul for President. Go to his website. He does not say he will do anything with the millions of illegals that are here. These invaders need to be sent back where ever they have come from. I agree with the previous poster who said we have to support Tom Tancredo. He is the only one who will send them all back. If we don't do it now it will be to late.
Karl wrote on Oct 11, 2007 6:40 PM:"Madam Patriot" You make way too much sense. Simple common sense does not work with our lawmakers. If they used common sense it would put themselves out of work.
Dave wrote on Oct 11, 2007 6:45 PM:Pablo is right, make your vote count come election time. Tom Tancredo is the man!!! To Senor Papa, you sound so silly with your statement.
Roberto1 wrote on Oct 11, 2007 8:01 PM:Jose can you see?...all the xenophobes? Nothing to do with terrorist eh? Blame the Mexican etc ..The social security subsidy illegal alien worker will have to factor in there somewhere.
SanMarcosMom wrote on Oct 11, 2007 8:27 PM:Oh yes, such a hardship to respond to the social security number not being correct! 90 days is such a hardship! It took me years to clear my credit. When I checked with MY bank, they wouldn't give me the info that they actually had (different address/phone number) on the person who had used my social security number, checking account, etc. I hadn't lost my wallet or had anything stolen out of my mailbox. Our laws also protect lawbreakers to the detriment of the victim... ME! 3 months to check if social security numbers match is enough. If there's been some mistake, that's enough time to recify it. If they don't match... GOOD-BYE! Leave my country and go fix your own!
Mary wrote on Oct 11, 2007 8:37 PM:When you go to 24 Hour Fitness you are admitted into the gym by inserting your index finger into a reader. I met a women on a job interview recently who had a device on her PC that only allowed her to log onto the computer so her kids can not use behind her back. We need to replace SS cards and numbers with biometric data. The military is using this technology right now with Iraqi citizens. The technology is available today and at a reasonable price. All we lack is the will to implement and enforce our laws.
ILLEGAL is the key word wrote on Oct 11, 2007 8:38 PM:You guys don't get it. The key word is Illegal. Try immigrating the legal way, the way a majority of the other nationalities do it. You Illegals want everything for free...."Proud to be Brown" you should be saying "Proud to take, steal and cut in line"
More wonderful Mexifornia news. wrote on Oct 11, 2007 8:59 PM:Cities and counties in California cannot force landlords to check their tenants' immigration status. Governor Arnold Schwarzenegger signed a bill late Wednesday in response to ordinances passed by a handful of communities across the country and state, including Escondido.
Escondido was right wrote on Oct 11, 2007 9:39 PM:Texas bans Illegal ALIENS from living in their towns. Soon it will come here and the Illegals will be out of here....I can't wait.
Mexifornia ? wrote on Oct 11, 2007 9:46 PM:Learn to spell. It's called English, not Spanglish
rampant corruption wrote on Oct 11, 2007 10:02 PM:We are no longer a nation. A nation has boundries, laws, and a common culture, all of which have been violated by foreign invaders. Those in power have sold-out our country in the name of quick profits. We have become the most corrupt nation on earth where profit trumps democracy and the rule of law is subverted. Those of you who hire foreign invaders are guilty of treason and should be thrown in jail or be deported to Mexico. No other nation, however poor, would allow the complete takeover of their political structures and institutions by a foreign country.
zeezil wrote on Oct 11, 2007 11:38 PM:There may have been some errors — since no government program has ever existed without mistakes — but that is not a constitutional basis to strike down a law. The IRS makes plenty of mistakes and has put any number of innocent Americans through tax purgatory, but no one is seriously suggesting we abolish the tax code because some IRS agent fumbled numbers a few times. The government should immediately appeal this ruling, to the Supreme Court, if necessary. Chances are the Supreme Court will not be as foolish as Judge Breyer.
Vote Democrat wrote on Oct 12, 2007 1:43 PM:and you will get more judges like this one: an extreme left-wing, U.C. Berkeley alum, who as former Watergate special prosecutor now wears a black robe and pretends to be impartial.
White man wrote on Oct 12, 2007 8:05 PM:We use to have slaves but not anymore. California use to belong to Mexico but not any more. /
RobertM wrote on Oct 12, 2007 9:01 PM:The judge's ruling had nothing to do with the constitution. He didn't cite anything in the constitution to support the ruling. He said it was to avoid harm to the employers and the employees. In this case, the interests of business take priority over the constitution.
Independent wrote on Oct 14, 2007 12:15 PM:According to many of the biased bloggers here, a "conservative" judge would have ruled differently. Strange, very strange! Face it, any judge whose decision you don't agree with is a "liberal" judge or is "legislating from the bench".
NO-MATCH RULING MAKES NO SENSE wrote on Oct 14, 2007 1:41 PM:http://www.nctimes.com/articles/2007/10/14/opinion/editorials/11_28_1810_13_07.txt
To Yes, Skip wrote on Oct 16, 2007 1:03 PM:I returned home from vacation and found two uninvited strangers sleeping in one of my bedrooms. There were dirty clothes and towels on the bathroom floor and dirty pots, pans and dishes in the kitchen sink. Apparently I had forgotten to lock the back door when I left and while my neighbors weren't watching these people found their way in and made themselves at home. I gently awoke them and handed them a house key. I figured I had to since they are here.
usalady wrote on Oct 16, 2007 10:52 PM:I guess Judge Breyer thinks it's okay to break the law if it's in the interest of the businesses hiring the illegal workers... this is definitly another push by the government employees not listening to the voters and legal citizens. All elected officials should have term limits, just like the President. Some hold their positions so long they start thinking it's their right to hold the position and make a career out of it, rather than keeping the perspective of holding office to serve the American public is a privilege and duty...NOT a God given right. We, the voters, need to start being more pro-active than re-active to who, what and when our government tries to send us more up a creek with a broken or worse, no paddle.
Patriot wrote on Oct 17, 2007 1:22 PM:This was always the plan with comprehensive immigration reform: legislate legal status along with tough new enforcement provisions, then get a judge to rule against the enforcement provisions to keep the new illegals coming in.
Sharon wrote on Dec 14, 2007 7:40 AM:This is just NOT right!!!! Why is all I can ask - Why do WE let this happen!!
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