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WH sues Arizona college for requiring green cards.

Started by September 05, 2010 09:10 PM
10 comments, last by LessBread 14 years, 2 months ago
Article here

Granted, that site has a republican bent. But. I don't disagree with requiring non-US citizens to show their Green Card. Actually, I thought it was required. This is not the same as pulling people over because they look like they might not have a green card. Any school in the US should require proper identification whether you're a US or non-US citizen.

So for once, I'm baffled as to why the Obama administration would sue on discriminiation grounds.

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I believe it is illegal to discriminate against someone for their immigration status provided that they are authorized to work in the US. By requiring a green card for employment they are discriminating against other immigrants who are legally allowed to work in the country. It is illegal to discriminate against someone who legally has a work visa, which is what this policy is doing.

It seems pretty clear cut, though I could see how it would be misinterpreted if you don't know the distinction between a green card and a work visa. This lawsuit has nothing to do with illegal immigration.
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With that I stand corrected. Though I thought you got "temporary" green card if you have a student or work visa. Well thank you.

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Did you read the full story? The problem was not the colleges requiring proper identification -- that's standard, and required by law. But then they decided that non-citizens had to show extra documentation, beyond that which is normal or reasonable to prove their right to work, that citizens didn't have to show.

There is certainly a larger issue, in that businesses these days need to walk a rather fine line to satisfy the populace's growing hunger for "getting tough on illegal immigration" without turning to out-and-out discrimination. But this particular procedure isn't difficult -- the instructions are right there on the I-9 form.

Edit: Yeah, that.
From the LA Times article the "DC" linked to: Arizona colleges accused of immigrant discrimination

Quote:
...
Prior to this year, the local colleges in the Phoenix area asked job applicants who were not U.S. citizens to show a driver's license, a Social Security card and their permanent resident card, commonly called a green card.

The Justice Department said a valid driver's license and a Social Security card are usually sufficient to show that a person is authorized to work. Requesting a green card amounts to "immigration-related employment discrimination," said Thomas E. Perez, the assistant attorney general for civil rights.

Federal law forbids treating "authorized workers differently during the hiring process based on their citizenship status," Perez said. He said the department's Office of Special Counsel would bring legal actions against employers who impose "unnecessary and discriminatory hurdles to employment for work-authorized noncitizens."
...
On one hand, employers have been told they need to do more to verify that their workers are legal and authorized to work in the United States. Federal immigration law says hiring "an unauthorized alien" can result in fines of up to $3,000 per worker. However, another provision of the same law bars employers from requesting "more or different documents" than are needed to prove a noncitizen's legal status.
...
Gening Liao, a lawyer for the National Immigration Law Center in Los Angeles, said the law itself is clear.

"If you bring in a driver's license and a Social Security card, those documents are sufficient. Employers are prohibited from asking for extra documents or different documents," she said. "This is blatant discrimination, and we get calls about it all the time. We hope to see more lawsuits like this."


It's becoming very clear to me that immigration is a wedge issue that gets trotted out during mid-term elections in order to scare conservatives in to getting out to vote. Take a look at the polling trend on this issue and note the peaks in 2002, 2006 and 2010: Amid Immigration Debate, Americans' Views Ease Slightly.
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I don't understand. I can get a social security card and drivers license without having permission to work in the US. So clearly it is not 'sufficient to show that a person is authorized to work' (I should note that this is the case for Massachusetts, I'm not sure about the other states).

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Quote: Original post by jjd
I don't understand. I can get a social security card and drivers license without having permission to work in the US.
Driver's license? Sure. Social security card? Heh, give it a try. There are an extremely limited set of circumstances under which someone without permission to work can get a social security card, and that card will say "NOT AUTHORIZED TO WORK" or similar. Non-green-card-holding non-citizens have an ITIN instead of an SSN.
Well you hear about illegal immigrants getting fake SS Cards often. And obviously people are getting driver licenses (real or fake) even though they are illegal immigrants. The only other way to prove you actually you are a legal resident is through your green card or visa.

So I have to make sure you're not a illegal immigrant or I'll get fined. Also I can't ask you for your green card or visa because that'll be harassment at the least. Also, I have to rely on documents and identification that are forged/duplicated all the time.

Sucks to be a business....

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Quote: Original post by Alpha_ProgDes
Well you hear about illegal immigrants getting fake SS Cards often. And obviously people are getting driver licenses (real or fake) even though they are illegal immigrants. The only other way to prove you actually you are a legal resident is through your green card or visa.

So I have to make sure you're not a illegal immigrant or I'll get fined. Also I can't ask you for your green card or visa because that'll be harassment at the least. Also, I have to rely on documents and identification that are forged/duplicated all the time.

Sucks to be a business....
The law prevents businesses from knowingly hiring illegal immigrants, and from hiring people without verifying their eligibility to work. It doesn't punish them for being fooled by fake documentation. There's a reason they photocopy your identification -- it's so they can prove they did their homework.
Quote: Original post by Alpha_ProgDes
Also, I have to rely on documents and identification that are forged/duplicated all the time.


Don't they have systems in place so you can, you know, CHECK if the number on the card is real?

With the right printing equipment and know how, I can produce any kind of ID card and assign random data to it. What I can't easily do is assign that data to government databases.
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