Undocumented US Migrants Evades Crackdown (For Now)
Once the US Government steps up its crackdown on its dozen or so million illegals, Canada had better pay attention.
The United States Department of Homeland Security (DHS) lately carried out an go-ahead to clear out its undocumented aliens. Because its border to the south is too permeable to keep out illegals from getting across the US, the DHS chose to squeeze the employers who farm-out jobs to illegals which drew them into the USA.
The Office of Homeland Security is looking at the Social Security Administrations’ Earnings Suspense register that carries two hundred twenty five million registrations in which a laborers identity do not match. This documents results in growth that progresses at eight to eleven million annually and affect approximately eight million employees.
Plain reasoning directed the DHS to assume that nearly all of this workers must make up illegal foreigners who furnished assumed social security numbers to their place of work.
A 1986 U.S. law which puts both criminal and civil liabilities to American employers deliberately employing illegals was attempted use by the DHS. A “no-match” letter, basically a document issued to employers if their files contain some anomaly, was proposed by the Department of Homeland Security in 2006.
What employers should do when supplied with was to clarify the discrepancy with the worker within 90 days. If the employer failed to straighten out the questionable action within the period given, they are deemed to knowingly harboring an illegal, which could give way for prosecution under the 1986 law mentioned above. But then again, if the employer dismisses the employee, they’d be shielded from wrongful-dismissal dispute by the “safe-harbor” clause of the policy.
Last year, the DHS accepted about 5,000 compliance from different groups on its policy. Then finally on August 2007, Homeland Security came out with its final decree on the proposal and was set upon enforcing it immediately.
The planned handing out of about 140 thousand no-match letters by the Social Security Address was withheld by a cease and desist order by the District Court of Northern California by the AFL-CIO, the American Federation of Labor. They claimed that the suggested postings will key out close to 600 thousand members of AFL-CIO with unmatched social security numbers.
Judge Charles Breyer of San Francisco District Court came out with temporal order against Secretary Michael Chertoff of DHS based on fact that the file contains erroneous details that could contribute to wrongful firing of some workers.Some American political figures did not like this opinion and are calling for legislation to beat this ruling.
Canada better watch out for any development of this situation because if the US decides to finally get serious with their undocumented workers, they may set their sights north of the border for a living.
Disclaimer: The immigration article posted above does not substitute as a legal advice on immigration issues. If you need to consult a qualified professional about your case, you can visit a qualified immigration professional in your city or country. Use due diligence in doing so.
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