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Tuesday, January 08, 2008

Mike Huckabee Wants To End Birthright Citizenship

This seems like a rather bizarre flip-flop coming from Huck given that he’s said previously that his “soul” would not let him deny entitlements to the children of illegal immigrants.

Mike Huckabee wants to amend the Constitution to prevent children born in the U.S. to illegal aliens from automatically becoming American citizens, according to his top immigration surrogate — a radical step no other major presidential candidate has embraced.

Mr. Huckabee, who won last week’s Republican Iowa caucuses, promised Minuteman Project founder James Gilchrist that he would force a test case to the Supreme Court to challenge birthright citizenship, and would push Congress to pass a 28th Amendment to the Constitution to remove any doubt.

So why the sudden change in attitude?  Oh yeah, South Carolina.  Where illegal immigration is issue #1 among Republican voters.

For me, this comes off as rank pandering.  Are we really to believe that Huckabee has gone from feeling that it’s immoral to deny the children of illegal immigrants access to this nation’s entitlements to feeling that we should deny them citizenship?  I think that’s asking a lot even of the most adamant Huckabee supporters.

Update: Mark Levin adds:

… if anyone is counting, this makes four constitutional amendments Huckabee claims to be supporting:

1. the Fair Tax requires a constitutional amendment to eliminate the Sixteenth Amendment;
2. a Human Life amendment;
3. an amendment to define marriage;
and now,
4. an amendment to end birthright citizenship.

Now, isn’t it time that Huckabee explain how he plans to organize an effort to get two thirds of both Houses of Congress, which might include a whole bunch of Democrats, to achieve any of this?

Update: Huckabee is denying his support for ending birthright citizenship via this press release:

I do not support an amendment to the constitution that would prevent children born in the U.S. to illegal aliens from automatically becoming American citizens.  I have no intention of supporting a constitutional amendment to deny birthright citizenship.

So what to think now?  Did Huckabee just hang Gilchrist out to dry?  Did he make the promise and reneg?  Or did Gilchrist lie about Huck’s support for such an amendment in the first place.

I’m leaning toward Huck hanging Gilchrist out to dry.  Certainly Gilchrist isn’t the most credible of political operatives, but he certainly can’t be so stupid as to think that he won’t get burned for saying Huck supports something he doesn’t.  More likely Huckabee made this promise to Gilchrist because he was desperate to shore up his illegal immigration record and needed to get Gilchrist on board with him some how.

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Like you said, Rob: “even stopped clocks are right twice a day”



For any voter trying to choose between the two candidates for commander in chief, there is no better test than this: When American strategy in a critical theater was up for grabs, John McCain proposed a highly unpopular and risky path, which he accurately predicted could lead to success. Barack Obama proposed a popular and politically safe route that would have led to an unnecessary and debilitating American defeat at the hands of al Qaeda.

Frederick W. Kagan

Proof on January 8, 2008 at 08:45 am

If there was any chance in heck that this could pass then he wouldn’t be saying this.

Talk is cheap and that’s all this is.

There’s no way you’d get a majority to support it in the Congress (let alone the required 2/3rds). 

After you don’t get that you don’t have to worry about getting approval from 3/4ths of the state legislatures.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


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The Whistler on January 8, 2008 at 08:47 am

All but this latest “amendment” have already been tried.  The pro-life amendment went down in defeat.  The gay marriage amendment went down in defeat.  The fair tax amendment is a joke.

This guy does nothing but grandstand.  I guess if you like hearing idealistic nonsense, you could vote for Huckabee.  I happen to think Ron Paul is a much better choice of a completely unrealistic idealist.

Justin B. on January 8, 2008 at 09:05 am

1. the Fair Tax requires a constitutional amendment to eliminate the Sixteenth Amendment;
2. a Human Life amendment;
3. an amendment to define marriage;
and now,
4. an amendment to end birthright citizenship.

I leave out the first one since no one seems to believe that a fair tax strategy will work.  But, the IRS needs overhauling.  Ideas??

Then the question is, Which of the other 3 are you against?  Human Life, Marriage or Anchor Baby

Does it have a chance?  Probably not.  But neither did the equal rights amendment.  But it got the desired effect.

I actually think the Anchor Baby amendment has a shot.  That really is worthy of an amendment try.

I believe if Mike came out in favor of Oxygen you guys would be against it.

How dumb can you be and still breath?  Wait, without oxygen you won’t.


the AVATAR
Old Tigers are more dangerous when they believe this could be their last hunt.

From , “The League of Extraordinary Gentlemen”
Old tigers, sensing the end,
they’re at their most fierce. 
And they go down fighting.

Gene on January 8, 2008 at 09:23 am

I believe if Mike came out in favor of Oxygen you guys would be against it.

Huckabee probably favors oxygen already, but at the same time, he wants to tax it and regulate it.  Plus he wants to ensure that illegals have plenty of it and will rail against the oxygen manufacturers as greedy corporate whores that are producing a dangerous product that needs government supervision to ensure proper use.

Justin B. on January 8, 2008 at 09:30 am

No Constitutional Amendment is necessary to stop the “anchor baby” problem.  It’s just a change in the interpretation of what “under the jurisdiction of the United States” means.  If we consider that invaders aren’t under the jurisdiction of the United States(and they aren’t), no more anchor babies.  The children of invaders will simply be little invaders.


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robert108 on January 8, 2008 at 09:31 am

R108

No Constitutional Amendment is necessary to stop the “anchor baby” problem. 

If that’s true, why aren’t we doing it?  I didn’t know that.


the AVATAR
Old Tigers are more dangerous when they believe this could be their last hunt.

From , “The League of Extraordinary Gentlemen”
Old tigers, sensing the end,
they’re at their most fierce. 
And they go down fighting.

Gene on January 8, 2008 at 09:40 am

If that’s true, why aren’t we doing it? I didn’t know that.

IMO, lack of political will.  It would disenfranchise millions of “anchor babies”, which would be real action instead of jawboning.  Take your pick.


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robert108 on January 8, 2008 at 09:51 am

Gene: For a more detailed explanation of what I said, go here:

http://www.americanpatrol.com/REFERENCE/anchorbaby_FAIR.html


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Obama: more experienced than Bristol Palin

robert108 on January 8, 2008 at 09:57 am
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If that’s true, why aren’t we doing it?

Probably for fear of being unjustly called ”racist” by liberals and other well meaning folk.



For any voter trying to choose between the two candidates for commander in chief, there is no better test than this: When American strategy in a critical theater was up for grabs, John McCain proposed a highly unpopular and risky path, which he accurately predicted could lead to success. Barack Obama proposed a popular and politically safe route that would have led to an unnecessary and debilitating American defeat at the hands of al Qaeda.

Frederick W. Kagan

Proof on January 8, 2008 at 10:00 am
Avatar for Better Dead Than Red

There is no legislative fix; the “solutions” to your “Anchor Baby” problem are constitutional amendment or radical Supreme Court Judicial Activism. 

I would not put it past the activist Republican dominated Supreme Court to overturn the 14th Amendment , a previous Supreme Court ruling that up holds the 14th Amendment, and to disregard the long tradition of English Common Law in support of the 14th Amendment.  Such a ruling (if they were foolish enough to go through with it) would be the single greatest radical redefinition of our Constitution by the judiciary, ever, period, bar none.  Even more than those crazy liberal activist judges who granted rights to minorities and told states they couldn’t deny rights to their citizens. 

P.S. You don’t have to actually be “doing it” to be considered “racist.”


14th Amendment

http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
Supreme Court Case
http://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark

Better Dead Than Red on January 8, 2008 at 11:01 am

I would agree that the 14th amendment gives the “anchor babies” citizenship.

However we don’t need to allow their mother’s or fathers or grandparents or cousins etc etc to stay here.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 8, 2008 at 11:10 am

I would agree that the 14th amendment gives the “anchor babies” citizenship.

Only if you consider that invaders are somehow “under the jurisdiction of the United States”; they’re not, by definition.  This is simply another example of parasites exploiting the generosity of the United States.  It’s time to quit enabling this invasion, pure and simple.  We simply need to recognize that the babies of the invaders are not “under the jurisdiction of the United States”.


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robert108 on January 8, 2008 at 11:20 am

I would not put it past the activist Republican dominated Supreme Court to overturn the 14th Amendment, a previous Supreme Court ruling that up holds the 14th Amendment, and to disregard the long tradition of English Common Law in support of the 14th Amendment.

BDTR,

Are you knowingly deranged???  “...overturn the 14th Amendment...?” No court has the authority to overturn a constitutional amendment, as the four “originalists” currently on the Supreme court would be the very first to acknowledge.

Very slowly, now.  Keep your hands in plain sight...drop the Dixie cup… and back away from the Kool-aid pitcher!


“Poverty of goods is easily cured; poverty of the mind is irreparable.”

Bat One on January 8, 2008 at 11:23 am

Maybe I am seeing this differently then others but, it seems to me, that if we would just enforce the already established and clearly stated immigration laws, we wouldn’t have the vast amounts of “anchor babies” citizenships to worry about.
As for Huckabee’s sudden attitude change ... I see it merely as a campaign/marketing strategy


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Anna on January 8, 2008 at 11:34 am
Avatar for Philadelphia Steve

I know that some people love to hate illegal immigrant (as opposed to just wanting them out of the country).

But this proposal to “qualify” a native born American citizan is, in my opinion, flat out wrong.

No matter what else we may disagree on, I do not want a political qualificationon whether or not a native born American can be a citizen or not.

I know that other countries do not establish the right that those born on its soil are citizens, but America is not “other countries” (no matter what the tortureres in our midst want).

If you are born here, you are a citizen here.  Sove the illegal immigation some other way:  But not by adding a political qualification as to whether or not I, a native born America “deserve” citizehip.

Philadelphia Steve on January 8, 2008 at 11:41 am
Avatar for Philadelphia Steve

Re: “Are you knowingly deranged???  “...overturn the 14th Amendment...?” No court has the authority to overturn a constitutional amendment, as the four “originalists” currently on the Supreme court would be the very first to acknowledge. “

A poorly worded post, I agree.  But (I assume) the poster was positing that the supreme Court might “re-interpret” the 14th Amendment so as to palcate the radicals (it would not be the first time, after all).

Assuming that slant, the concern is, IMO, real.

Philadelphia Steve on January 8, 2008 at 11:44 am
Avatar for Philadelphia Steve

Re “… if anyone is counting, this makes four constitutional amendments Huckabee claims to be supporting:
1. the Fair Tax requires a constitutional amendment to eliminate the Sixteenth Amendment;
2. a Human Life amendment;
3. an amendment to define marriage;
and now,
4. an amendment to end birthright citizenship.

Now, isn’t it time that Huckabee explain how he plans to organize an effort to get two thirds of both Houses of Congress, which might include a whole bunch of Democrats, to achieve any of this?”

Perhaps he could add a fifth amendment that a President, should he be truly inspired by God, could bypass the Congress and the States and just enact the Amendment on his own?

Philadelphia Steve on January 8, 2008 at 11:46 am

No matter what else we may disagree on, I do not want a political qualificationon (sic) whether or not a native born American can be a citizen or not.

If you are born here, you are a citizen here.  Sove (sic) the illegal immigation some other way:  But not by adding a political qualification as to whether or not I, a native born America “deserve” citizehip.

Steve,

Your magnanimity is misguided, naive, and ultimately, dangerous.  If you are going to object to someone’s else’s proposed solution to an obvious problem, don’t you think it should be incumbent upon you to offer a substantive proposal of your own?  Surely you can’t seriously think that any woman who makes it across the border only to download her kid (at taxpayer expense, please note!) should be rewarded with automatic citizenship for her kid and herself.


“Poverty of goods is easily cured; poverty of the mind is irreparable.”

Bat One on January 8, 2008 at 12:06 pm

the poster was positing that the supreme Court might “re-interpret” the 14th Amendment so as to palcate the radicals (it would not be the first time, after all).

Exactly, a Supreme Court decision can have the exact effect as amending the constitution.  As already discussed amending the Constitution is extremely hard.  It’s a pity that the El Supremo Justices don’t take their responsibility of protecting it seriously.

Only if you consider that invaders are somehow “under the jurisdiction of the United States”; they’re not, by definition.

I disagree.  They are here in the country subject to arrest under our laws.  Just because the scum in our government refuse to do their duty doesn’t change that.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 8, 2008 at 12:07 pm

Surely you can’t seriously think that any woman who makes it across the border only to download her kid (at taxpayer expense, please note!) should be rewarded with automatic citizenship for her kid and herself.

I don’t see that the mother should get citizenship nor even be allowed to stay in the country.  On the other hand the way I read the 14th amendment that’s the way it is for the kid, like it or not.

At that point probably the best thing would to permanently bar the mother from ever coming here legally and give the mother the option of taking the kid home (where he also is a citizen as I understand) OR put him up for confidential adoption. 

If the former the kid can come back when he’s of age.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 8, 2008 at 12:11 pm
Avatar for jpe

Only if you consider that invaders are somehow “under the jurisdiction of the United States”

Sounds like being an illegal immigrant is awesome.  They can go smash up federal property, not pay taxes, make threats against the president, and all because, contra all common sense, illegal immigrants within the territorial United States are not w/in American federal jurisdiction.

jpe on January 8, 2008 at 12:11 pm

I hate it when JPE is on the same side as me.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


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The Whistler on January 8, 2008 at 12:16 pm
Avatar for jpe

You love it.

jpe on January 8, 2008 at 12:28 pm

At that point probably the best thing would to permanently bar the mother from ever coming here legally and give the mother the option of taking the kid home (where he also is a citizen as I understand) OR put him up for confidential adoption.
If the former the kid can come back when he’s of age.

Absolutely brilliant! Only problem is… you think if there isn’t any effort to stop them from coming over the border in the first place they would ever enforce the deportation of the Illegal alien baby machines and/or Jackpot babies?


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Anna on January 8, 2008 at 12:33 pm

STOP IT!


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 8, 2008 at 12:34 pm

you think if there isn’t any effort to stop them from coming over the border in the first place they would ever enforce the deportation of the Illegal alien baby machines and/or Jackpot babies?

Good point.  The first thing is to make it more difficult to get here.  However no matter what you’re going to have people slip in (perhaps overstaying their Visa’s).


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 8, 2008 at 12:36 pm

Look, the answer is simple.  Enforce the border.  Deport the illegals.  If they have children, either put the children up for adoption or take them with you.  But close the border.

I have no problem with the kids that have already come over and are citizens.  I don’t even have much of a problem with the naturalization of their parents on a case by case basis if their parents speak English, are not on any form of government assistance, have an employer sponsor, and go to the back of the line for immigration services.

Having a child or a spouse that is a US Citizen is a meaningful reason to grant someone residency.  It should not be absolute, but it should be a consideration.  I am concerned about two things--

How do we process those that are already here
How do we prevent more from coming

I think we work on the latter first.  Then we deport the criminals first.  We enforce employer sanctions laws.  We cut off entitlements.  That leaves the illegals a couple options--turn to crime (whether that is finding employers willing to overlook their citizenship status or actual crime), self deport and return to their country of origine because they can no longer earn a living, or begin the process to legalize in which case we grant priority to those that have significant family ties to the US and require them to return to country of origin or apply for a hardship waiver.

One cannot have their citizenship retroactively revoked.  So let’s get over that.  We are not in the business of deporting families of US citizens outright without some form of due process because this impacts non-resident aliens, military spouses, and so forth.  We need to focus on future anchor babies and this problem goes away immediately with enforcement of the borders and enforcement of employer sanctions.

Justin B. on January 8, 2008 at 12:57 pm

I have a big problem with rewarding people for their illegal acts. 

However if we close the border and stop illegal immigration, and move people out the criminals and ones that pop up at some point we’ll have solved the problem.  After that’s settled I probably wouldn’t have a big problem with offering some kind of deal to the illegals that are still here.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 8, 2008 at 01:05 pm

jpe: Nice Clintonian parsing of “jurisdiction”.  In the act of invasion, they are evading the jurisdiction of the border enforcement laws, and are paradoxically rewarded for that by having their children declared US citizens.  Weird.


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robert108 on January 8, 2008 at 01:12 pm

..."re-interpret" the 14th Amendment so as to
palcate the radicals…

What “radicals”?  We found out with the Shamnesty Bill that a vast majority of Americans want this invasion stopped.  The real radicals are the ones who want to change our society by allowing wholesale invasion and legitimization of the invaders.


Media uncovers more Palin stories in one weekend than Obama stories in two years. Still no bias detected

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robert108 on January 8, 2008 at 01:21 pm
Avatar for Robert in BA

Yeah right.
Like the people who run the country (the corporations) are going to just let you shut down their access to cheap labor.
Have you been in a coma since the Reagan Revolution?

Robert in BA on January 8, 2008 at 02:06 pm

Like the people who run the country (the corporations) are going to just let you shut down their access to cheap labor.

Unlike the govt, corps have to give you something in return for your money, so you are wrong on that one.
If cheap labor were really a source of wealth, Africa and Mexico would be fabulously wealthy.  They aren’t.  Get a clue, leftie.


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robert108 on January 8, 2008 at 02:13 pm
Avatar for Philadelphia Steve

Re: “If you are going to object to someone’s else’s proposed solution to an obvious problem, don’t you think it should be incumbent upon you to offer a substantive proposal of your own?  “

Enforce laws against hiring undocumented workers with criminal (jail time) penalties for the hiring manager, the HR manager and the CEO of any company found to have employed such a worker.

Just money fines will not be enough as those who hared the cheap labor will have already banked their gains and the fines will only come out of the stockholders’ pockets.

And add about 1,000 enforcement agents to the Immigration Service to enforce those laws.

The reason those coming (or overstaying) to the US is jobs.  That won’t stop if their children are or are not citizens (economic refugees, which these people are, come for immediate income reasons, not, as tyhe far right tries to say, to establish some sort of “beach head” in the US).

Philadelphia Steve on January 8, 2008 at 07:29 pm
Avatar for Philadelphia Steve

Re: “should be rewarded with automatic citizenship for her kid and herself. “

For the kid, yes.  For her, no.

Philadelphia Steve on January 8, 2008 at 07:31 pm

PS,

What you propose is little more than an elaborate, self-serving bandaid.  As a small business owner myself, I am well aware that anything more than a cursory inspection of an employee’s proferred credentials can result in a lawsuit or an EEOC complaint.  I can afford neither The government, which you would have move against me for hiring Senor Juan Valdez, can compel all sorts of documentary information from him.  I can not.

Besides, if you can’t get the City of San Fransisco, or New Haven, to enforce federal immigration law, why should the business community be held responsible?


“Poverty of goods is easily cured; poverty of the mind is irreparable.”

Bat One on January 8, 2008 at 07:45 pm

Enforce laws against hiring undocumented workers with criminal (jail time) penalties for the hiring manager, the HR manager and the CEO of any company found to have employed such a worker.

That’s really stupid because the government makes it illegal to discriminate against illegals with fake ID’s.  I guess you don’t know what you’re talking about.

However I would support jailing government officials who look the other way, or pay money or benefits of any kind to illegal aliens.  Furthermore they have a higher standard of duty than a private citizen and should be jailed if they are aware of an illegal and do nothing about it.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 8, 2008 at 07:50 pm
Avatar for Philadelphia Steve

Re: “That’s really stupid because the government makes it illegal to discriminate against illegals with fake ID’s.  I guess you don’t know what you’re talking about. “

Can you document where a federal law specifically says you cannot discriminate against an ILLEGAL alien?

Philadelphia Steve on January 9, 2008 at 07:59 am
Avatar for Philadelphia Steve

Re: “Besides, if you can’t get the City of San Fransisco, or New Haven, to enforce federal immigration law, why should the business community be held responsible? “

Because it is that same business community that is profiting by employing illegal aliens:  who cano complain about abuse, low (or no) payment, work conditions or hazardous conditions.

Philadelphia Steve on January 9, 2008 at 08:02 am
Avatar for Philadelphia Steve

Re: “However I would support jailing government officials who look the other way, or pay money or benefits of any kind to illegal aliens.  “

I’m with you on that one.  But only because I oppose hanging.

Philadelphia Steve on January 9, 2008 at 08:03 am

Philly: Keep in mind that businessmen aren’t paid to be law enforcement personnel, and the ones that are paid to enforce the law against the invaders aren’t doing their job.  Why should businessmen be expected to do the job the law enforcement personnel aren’t doing?

If cheap labor is so profitable, why is Mexico not holding onto it?


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robert108 on January 9, 2008 at 08:21 am

Can you document where a federal law specifically says you cannot discriminate against an ILLEGAL alien?

Yes I can. I did a post on this (although it shows Rob as the writer after he converted platforms.

The bottom line is that if an illegal has “reasonable looking” ID an employer is forced to accept it.  From what I understand it’s cheaper and quicker to get fake documents than real ones.

There are a couple links in the post to official websites.  In the past when I’ve referred to the EEOC rules people with the same views as you have ignored it and kept spewing that Big Business is at fault.

So I answered you.  How about my plan of jailing Governor’s and bureaucrats that give free goodies to illegals?  If your opinion is to jail CEO’s why would that be unfair?


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 9, 2008 at 08:28 am
Avatar for Philadelphia Steve

Re: “Why should businessmen be expected to do the job the law enforcement personnel aren’t doing?”

They are not.  Law enforcement should enforce laws against businesses who are employing illegal aliens.  It is up to the business managers to comply with the law:  Just as they do for sales tax, zoning and working condition laws.

The fact that our federal law enforcement officers have failed to enforce the law in the past is not an excuse for not enforcing it in the future.

Philadelphia Steve on January 9, 2008 at 05:03 pm
Avatar for Philadelphia Steve

Re: “Yes I can. I did a post on this (although it shows Rob as the writer after he converted platforms. “

The following is the entire text from your link

Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Equal Pay Act (the EEO statutes) prohibit discrimination against employees who work in the United States for covered employers, regardless of citizenship(60) or work authorization. While federal law prohibits employers from employing individuals lacking work authorization, employers who nonetheless employ undocumented workers are prohibited from discriminating against those workers.(61)

The Commission has taken the position that foreign nationals are covered by the EEO statutes when they apply for U.S.-based employment from outside the United States.(62) If the employment is outside the United States, however, individuals who are not U.S. citizens are not protected by the U.S. EEO statutes.

I read the explanation, and it is entirely about discrimination based on National Origin .

Nowhere does it say that you, and employer, must hire someone who is in the US illegally.

What you must do is apply your hiring rules uniformly across your employee base.  If you require, for good business reasons, that a new employee show a valid passport, then you must apply that rule to all employees, regardless of national origin.

It also makes clear that, once you have hired someone, you cannot discriminate against him or her in other areas.  The passage that you cited as somehow requiring that you hire an illegal (the one I copied above) actually made an entirely different point:  That point was that you cannot justify discrimination against a person BECAUSE they are in the US illegally.  That is, for examply, should you hire a woman to work in your company, and pay her half the wages to do the same job as a man, you cannot justify that salary discrimination based on the fact that she is in the US illegally and he is a US citizen.  However, whould you discover, subsequent to hiring, that her documents were falsified, you should immediately inform the INS for her to be picked up.

Being in the US illegally is, therfore, not a justification for an employer to conduct OTHER forms of discrimination against that person.

Just be consistent in how you apply your business policies (a good management idea anyway, regardless of the law:  go read some Peter Drucker books if you want some insights there).  And apply your rules as to what an employment applicant must show to prove his/her right to work in the US to ALL job allicants, regardless of how they appear or what their accent is.

Philadelphia Steve on January 9, 2008 at 05:20 pm

Law enforcement should enforce laws against businesses who are employing illegal aliens.

Wrong again.  The only reason employers are faced with this problem is that the paid law enforcement personnel didn’t do their jobs at the border.  Businessmen should be running their businesses, not enforcing the law.  As you should know, fake ID is quite common.  Once again, paid law enforcement isn’t doing its job there, either.


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robert108 on January 9, 2008 at 05:25 pm

Way to miss the critical fact.  As you point out it’s illegal to discriminate against people because of national origin. 

But examining someone’s ID can be construed as discrimination.

The system is broken because, from the moment the employers begin the paperwork process, the law places them between a rock and a hard place. That is while one provision punishes them with heavy fines if they fail to sufficiently inspect the documents, another provision makes thtem liable for discrimination if they too vigoursly inspect the documents.”

“The employer may not refuse to “honor documents tendered by the employee that on their face reasonably appears to be genuine....that section of law also prohibits employer retaliation...against an employee....such as dismissing the employee, even if he suspects him to be and illegal alien, and such retaliation...is considered discrimination per se under the law.

While we’re at it if an illegal alien is found on a union site the union steward and union leadership up to CEO should be put in jail if you want to jail the employer.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 9, 2008 at 05:27 pm
Avatar for Philadelphia Steve

Re: “From what I understand it’s cheaper and quicker to get fake documents than real ones.

There are a couple links in the post to official websites.  In the past when I’ve referred to the EEOC rules people with the same views as you have ignored it and kept spewing that Big Business is at fault.

So I answered you.  How about my plan of jailing Governor’s and bureaucrats that give free goodies to illegals?  If your opinion is to jail CEO’s why would that be unfair? “

Can you document that it is easier to obtain documents, such as a passport, that are as good as the “originals”?  Or is that just another FoxNews Bill O’Rielly “fact”?

As opposed to those “others”, I DID read your link and found your characterization of it to be erroneous and self-serving.  Thank you.

All thouse bureaucrats who demand that illegals be given so much for free.  Can you name some names?  Conservatives always like to cite ‘bureaucrats” to justify their opinions.

About the only “rule” I know that demands an illegal alien be given equal treatment as a US citizen is the federal law that states that a person, brought into a US Emergency Room, be given necessary emergency medical treatment regardless of their ability to pay.  That would include illegal aliens as well.

For my part, I am not prepared to see our hospitals strap an injured person to a gurney, roll them outside, and allow them to die in the parking lot if that person did not show valid medical coverage and/or US residency.

Conservatives apparently would just love to watch that happen:  Perhaps you would enjoy having it televised so you could watch them bleed to death “live”?  I know lots of your Conservative friends would.

Have a nice day.

Philadelphia Steve on January 9, 2008 at 05:30 pm
Avatar for Philadelphia Steve

Re: “Wrong again.  The only reason employers are faced with this problem is that the paid law enforcement personnel didn’t do their jobs at the border.  Businessmen should be running their businesses, not enforcing the law.  As you should know, fake ID is quite common.  Once again, paid law enforcement isn’t doing its job there, either.”

So, if they make it across the border, they (and you) are home free?  Free employment forever?  You can employ as many illegals as you can get?  It’s “someone else’s job”?

Philadelphia Steve on January 9, 2008 at 05:32 pm
Avatar for Philadelphia Steve

Re: “But examining someone’s ID can be construed as discrimination. “

Only if the employer does it for SOME people and not OTHERS.

Philadelphia Steve on January 9, 2008 at 05:34 pm
Avatar for Philadelphia Steve

rE: “While we’re at it if an illegal alien is found on a union site the union steward and union leadership up to CEO should be put in jail if you want to jail the employer. “

If they had a role in the hiring decision, agreed.

Philadelphia Steve on January 9, 2008 at 05:36 pm


If they had a role in the hiring decision, agreed.

What you’re saying is that the government lets an illegal alien into the country and goes to less than no trouble to track them down.  On the other hand you think a private citizen should be given the responsibility to enforce the law.

If that’s the case then why not the union.  It would be just as easy for them to check ID’s as it would be for the employer. 

They have no more legitimate responsibility to do so then the employer but since we’re assigning the governnment’s duties to private parties, why not?

So, if they make it across the border, they (and you) are home free?  Free employment forever?  You can employ as many illegals as you can get?

In fact that’s pretty much the case unless you happen to fall in one of the rare immigration raids or commit a felony. 

Speaking of immigration raids the Swift Meat Packing company was in the clear because they had records showing that they had checked the illegals fake ID’s, somewhat confirming my point.

Can you document that it is easier to obtain documents, such as a passport, that are as good as the “originals”? 

Nice bit of idiocy.  What they forge are drivers licenses and social security cards.  I’ve asked cops in town and they say that’s the case but I don’t know it for sure.  I would say that’s probably the case though.

All thouse bureaucrats who demand that illegals be given so much for free.

Mike Huckabee for one.  It appears that most of the state governments are giving welfare away to illegals and probably the federal government as well.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 9, 2008 at 05:59 pm

So, if they make it across the border, they (and you) are home free? Free employment forever? You can employ as many illegals as you can get? It’s
“someone else’s job”?

Now you’re being stupid.  I said nothing of the kind.  It’s really simple: When the paid law enforcement officials don’t do their job(keeping out the invaders, expelling the ones who get in, busting the phony ID guys), it’s not the job of businessmen to do the job the law enforcement guys didn’t do.  I don’t get why you can’t seem to understand this simple concept, unless you are a business-hating leftie, then it’s understandable.


Media uncovers more Palin stories in one weekend than Obama stories in two years. Still no bias detected

Obama: more experienced than Bristol Palin

robert108 on January 9, 2008 at 06:29 pm

Conservatives apparently would just love to watch that happen: Perhaps you would enjoy having it televised so you could watch them bleed to death
“live”? I know lots of your Conservative friends would.

Wrong again, hate-filled leftie: We want them kept out, and the ones that are here sent home ASAP.  Get it?
You commies want to give them welfare, driver’s licenses and voting rights.


Media uncovers more Palin stories in one weekend than Obama stories in two years. Still no bias detected

Obama: more experienced than Bristol Palin

robert108 on January 9, 2008 at 06:32 pm
Avatar for CMom

I’m glad to find this discussion.

I wonder why businesses think it’s such a horrible thing to verify the legal status of a potential employee.  Most of them run extensive legal and credit backgrounds before employment anyway. Using E-verify doesn’t sound that hard.

Also, the 14th amendment has been misinterpreted regarding anchor babies.  It was written for the slaves who were freed not for someone coming here illegally.

Regarding Huckabee’s flip-flop, have you seen this video where he says illegals will have to go home for a matter of days then come back?  That’s what I call amnesty for breaking our laws:
http://www.youtube.com/watch?v=0jKeWIrlzLw#GU5U2spHI_4

CMom on January 9, 2008 at 08:43 pm

I wonder why businesses think it’s such a horrible thing to verify the legal status of a potential employee.

Uncompensated expense, which is unnecessary when the border enforcement people do the jobs they’re paid to do.


Media uncovers more Palin stories in one weekend than Obama stories in two years. Still no bias detected

Obama: more experienced than Bristol Palin

robert108 on January 9, 2008 at 08:48 pm

While it’s not the biggest job in the world you do have say branch managers who might not necessarily do things the right way.

One example is that many businesses were fined becuase they kept photo copies of the ID"s rather than write down the numbers on the I9 form.  I’m sure they thought it was proof they actually did that.

However the government felt it showed they didn’t examine the ID and therefore wasn’t proper and fined the businesses.  Now do you think scribbling down the ID is any better?

What really gets me is the government refuses to do their part but sticks the responsibility and blame of private parties.  Really how shameful is that?


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 9, 2008 at 09:03 pm

*off topic*

Philadelphia Steve - you forgot the slashes in your HTML codes.

I went ahead and fixed your one comment up.

likwidshoe on January 9, 2008 at 10:35 pm
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