For demanding green cards, Miami-based pizza restaurant franchise must pay civil penalty [Huh?]

Miami Herald ^ | March 25, 2017 | Alfonso Chardy

[Cold War Veteran - Submarines]

The Justice Department has agreed to a settlement with a Miami-based pizza restaurant franchise as a way of resolving an investigation over allegations that the company violated immigration law by demanding that foreign-born legal resident workers produce green cards as proof of employment eligibility but failed to demand a similar document from U.S. citizen workers.

A Justice Department statement issued last week did not say specifically what kind of documents would have been proper to demand from citizens, but the issue was not so much the document but that the non-citizens were singled out for allegedly discriminatory treatment when supervisors demanded to see a green card but did not demand a specific document from citizens.

“The Justice Department is committed to ensuring the rights of lawful U.S. workers to be free from discriminatory barriers based on their citizenship, immigration status, or national origin,” acting Assistant Attorney General Tom Wheeler of the civil rights division said in a statement. “Pizzerias’ responsiveness throughout the course of the investigation assisted in a speedy resolution of this matter.”

The settlement in the Pizzerias LLC case is only the latest in a series of similar cases that the Justice Department brought against certain businesses around the country over the past few years.

[Guardian Sebastian]

And I believe the employer is fined like $100 per employee if they don’t have these in their files.

[Ozark Tom]

You cannot ascertain citizenship prior to hiring. As part of the process of paperwork after accepting a prospect as an employee, one must receive and accept at face value any of the listed forms of identification, verifying legal status to work in the United States. Catch 22 in play between satisfying both E-Verify and the previous administration's Justice Department human rights provisions in the workplace.

[Pollster1]

Now that we have a real government, the new Justice Department needs to step in and cancel this nonsense.

[A CA Guy]

At what point can the Feds arrest for obstruction?

[Wuli]

If an Employer is not requiring the use of the I-9 form, for any employee, they are not following the law.

The I-9 makes an employee’s answers the same as a legal sworn affidavit, with a federal charge of perjury possible if the individual lies on the form or commits fraud in the manner of producing a phony document with the submission of the form.

If any of your previous employers did not require employees complete the I-9 form, they have not been legally validating that all employees can legally be hired. If there were/is ever any question regarding any one of their employees, and they were found to not have completed I-9 forms for all their employees, they could be subject to a legal complaint beyond any matter relative to a single illegal hire.

https://www.uscis.gov/i-9

[georgiegirl]

I believe you can have a social security card and driver’s license while you have a green card, without being a citizen. I believe I had both when I had a green card, before I became a citizen.

[billakay]

I believe you can have a social security card and driver’s license while you have a green card, without being a citizen. I believe I had both when I had a green card, before I became a citizen.

That is absolutely right. As long as the SS card doesn't say "NOT VALID FOR WORK WITHOUT DHS APPROVAL" or something like that, then that combo lets you get a job, and employers cannot demand the green card itself.