Posted on 03/26/2017 8:02:36 AM PDT by 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.
(Excerpt) Read more at miamiherald.relaymedia.com ...
If a cop stops me and wants to see my driver’s license,
but does not want to see all the passengers’ driver’s licenses,
or does not ask for all the driver’s licenses of nearby pedestrians,
Do I have a Justice Department case?
Yeah, it’s a stretch ...
Foreign legal residents are not US citizens. They do not have full constitutional rights.
Every gun owner knows this when you fill out the background check form as required by the Feds.
I guess the Feds need to take that question out.
Of course they couldn’t demand the same thing as US citizen workers. We don’t have green cards. We were born here.
What an upside down country we’re living in these days.
A green card is not required to work in the USA - the business owner seems clueless if my understanding is correct about what transpired in this case, Us citizens do not need green cards AND foreign citizens do not need green cards if they have an L, TN, or other such valid work visa. Green cards are only one type of work visa that foreigners can use.
I think the Justice Department is saying you asked for proof of residency by asking for green cards from suspected aliens but did not ask for a SS card, passport, or birth certificate from those you assumed were citizens.
Seems to be the outcome leftover investigation.
Proof of employment eligibility does not require presenting a green card, though that can be used. Seems that the employer went above and beyond in asking for one specifically.
This is of course a petty prosecution. An employer should be free to require whatever they think they should even if beyond the legal requirement.
More than that...you can’t require a green card from foreigners who want to make pizza. I might be wrong but I think I have only seen such a requirement in the defence industry. The business owner is clueless about the wide array of work permits in the US.
I call B.S. on this one.
Every prospective employee has to fill out and sign a Federal forrm I-9 that requires appropriate proof of citizenship or legal residency.
The types of documentation that are required for each are clearly spelled out.
I-9 Employment Eligibility VerificationINSTRUCTIONS: https://www.uscis.gov/i-9
Exactly why they should make it a felony to hire illegals. Not only would the illegals self-deport, it would also prevent Treasoncrats from punishing people with BS like this.
...and we expect that all employers are aware of all visa types and are aware of only being able to legally ask certain questions about status?
I’m an immigrant, I couldn’t work until I had a “green card”. I’m not even aware of these other types of status. There has to be more to this story (?) - how is this such a crime?
It has been this way since Reagan signed the Immigration Reform and Control Act of 1986(IRCA).
Employers have to fill out the I-9 form on all employees and there is a long list of documents that can be used.
Here is the Wiki page on the I-9 It has a list of all the documents.
US citizen equivalent......embossed birth certificate. My wife just upgraded her Washington drivers licensed to the "enhanced" version, and had to show that as proof of US citizenship. A simple photocopy is not enough.
The I-9 form is required to be filled out - or on record with the employer already - from all employees, citizens and non-citizens. Maybe they never asked the citizens to fill them out.
Why are citizens included? How else is it verified you are either a citizen or can otherwise legally work?
Easily fixed by all with the employment application as shown here for anybody hired. When I was working I recall one of the questions on the application was always, “are you a U.S. citizen?” If you hire gardeners/babysitters/home help of undetermined citizenship maybe pay them in cash, but there is a downside if they get hurt on the job. My sister in law always determines citizenship and requires business licenses from help she employs, as if they get in an accident on the job she doesn’t get sued into oblivion and their business owners covers the injury/damage.
I’ve had dozens of jobs, all asked on the application if I was a citizen, I replied yes. They never asked for proof (citizenship papers). I think just answering “yes” as to U.S. citizenship may put the onus on the applicant, instead of the employer. Wonder if that would hold up in court?
For example, as a citizen, I can show my driver's license AND social security card, OR just a passport.
To follow this up, my wife (now a citizen) had something called an Employment Authorization Document (EAD) while her green card was being processed. If she had desired to work during this process, she could have presented the EAD. If an employer refused this, and instead demanded a green card, this would have been a violation of the law.
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