Immigration Reform Caucus

SAN FRANCISCO JUDGE OBSTRUCTS CRACKDOWN ON ILLEGAL IMMIGRATION EMPLOYMENT

October 3, 2007

washington d.c. — Members of the Immigration Reform Caucus issued the following statements today in response to a ruling by San Francisco federal judge Charles R. Breyer to extend a ban further delaying the Social Security Administration’s efforts to establish a process for employers to follow after receiving a notice, known as a no-match letter, reporting that an employee’s identity information does not match the agency’s records.  If an employee cannot clarify the mismatch within 90 days, the employer would be required to fire the worker or risk prosecution for knowingly hiring illegal immigrants, who oftentimes use false Social Security numbers qualify for employment.  The lawsuit challenging the new crackdown on illegal immigration employment was filed by the ACLU, AFL-CIO and the United States Chamber of Commerce.

Rep. Brian Bilbray (CA-50), Chairman of the Immigration Reform Caucus: 
“What part of ‘illegal’ does Judge Breyer not understand?  Right now, millions of illegal immigrants are committing a felony by using Social Security numbers that do not belong to them.  We have not just a right, but a responsibility to notify employers that they may be in violation of federal law.  We cannot allow this unholy alliance of big labor, big business and activist judges prevent us from enforcing our immigration laws.”

Rep. Marsha Blackburn (TN-07):  “Once again, liberal activist judges have used their position on the bench as a way to stand in the way to block the enforcement of current immigration laws. Despite the courts concerns, the no-match rule does not put an unfair burden on employers.  It simply refines the process in which employers must verify the status of their employees.  By delaying this important verification tool, it validates our concerns that those who pushed for "comprehensive" immigration reform were never serious about enforcement.”

Rep. Phil Gingrey (GA-11):  “This is just the latest example of the far left’s total disregard for the laws designed to protect our borders from illegal immigrants.  As soon as our government tries to crack down on illegal immigrants working in the United States, an activist judge stands up to defend those who would deliberately break our nation’s laws. Obviously, the liberal extremists who pushed so hard for so-called ‘comprehensive’ immigration reform never intended to enforce those laws.”

Rep. Ted Poe (TX-02): “Legislating from the bench is not the job of judges, nor is it in the best interest of the people.  It is illegal to knowingly hire illegal immigrants in our country and just because our federal government has failed to enforce our immigration laws does not mean that employers who are ignoring them are not violating them.  We cannot expect to end illegal immigration with a ‘don't ask, don’t tell’ policy for cheap labor and continue to roll out the red carpet of free social services.”

Rep. Louie Gohmert (TX-01):  “A judge who ignores or violates the law under the pretense of enforcing it places himself or herself in the same camp as leaders from the most corrupt, dictatorial, or backward countries in the world.  They take this nation back 250 years to the days when the opinion of a monarch prevailed over a fair rule obtained from the consensus of the governed.  I left the bench and ran for the opportunity to legislate.  It is unconscionable that some well educated jurists have not yet grasped the superlative and enlightened concept of that separation of powers.”

Rep. Scott Garrett (NJ-5):  “We can’t fix our immigration problems if we can’t even enforce our current laws.  We cannot allow the ACLU and activist San Francisco judges to join together to block commonsense rules to help employers know when they’ve unwittingly hired illegal immigrants.”

Rep. Charlie Dent (PA-15):  “I am disappointed that the California federal courts have chosen to thwart the Department of Homeland Security’s effort to bring to justice employers who knowingly hire illegal aliens; but the legal battle in this case would be unnecessary if we had a reliable, tamper-proof ID card that could be presented by employees to employers BEFORE the hiring decision is made.  And we need to use those IDs to track not only the arrival of temporary workers or visitors in this country, but their departure as well.”

Rep. Dana Rohrabacher (CA-46):  “The liberal left movement in this country, whether legislatively or through the judicial system, is doing everything it can to encourage an illegal alien invasion of our country.  They will fight every step of the way to undermine the well-being of the American people in order to provide incentives for those from other countries to come here illegally.  It may not be treason, but it certainly does not reflect loyalty to the American people.”

Rep. Dean Heller (NV-02):  “The federal government must enforce the laws already on the books to gain control of our country’s illegal immigration problem.  In order for employer’s to comply with these laws they need the necessary tools to be able identify illegal immigrants seeking employment.  This court ruling not only hinders our country’s ability to enforce our current immigration laws, but will be detrimental to responsible law abiding businesses that want to be in compliance.”