Social Security Checks Called 'Silent Raid' On Illegals

Salt Lake Tribune ^ | July 14, 2002 | Dawn House

[Illbay]

Well, to be sure most of these types DO end up in detention. My wife's ex-husband, a Salvadoran national who was deported because of a Federal drug trafficking conviction, is still in a holding cell after six months in south Texas after he was caught trying to sneak in.

I have no idea what the statistics are, but not every illegal gets to walk around scot free.

[BJungNan]

I'm sure you are quite correct in that. I was speaking to the present situation where the employer has been contacted by the Social Security Admin and asked for verification of a worker's SS number. In that case it would seem a simple matter, and one to let SSA deal with. Ask the employee to produce the number and if he can not, cya. If he can and it still does not match, let the SSA decide what to do.

This I understand is what is happening. What I find hard to understand is why anyone is making a big deal out of this. Valid SS card, you work. No SS number, no work.

Is this really that hard for the people complaining in the article to figure out? What is all the nonsense about the SSA trying to "raid" illegals, and even if they are, isn't that what they are supposed to do?

I tell you, the whole country has been turned upside down. I don't get it any more.

[Illbay]

dennisw ONLY likes Israeli illegals. He hates everyone else.

[brat]

Well I'm sorry for him, but he shouldn't have been allowed in in the first place. Perhaps now an unemployed American welder will find employment.

[Reaganwuzthebest]

Ziglar needs to be fired.

Ziglar's political Libertarian open borders philosophy is not compatible with his mission as a law enforcement officer. He is openly mixing the two, and the country cannot go on with this. Homeland security demands someone who takes his job seriously.

[ijcr]

three workers failed to show up for their state government jobs

Restaurant jobs? Please elucidate us on how illegal aliens pay Social Security....and how they save America money by free schooling, free school meals, free healthcare and free prison stays.

Those minor details disregarded you do have a point.

[bok]

Why is the United States of America accepting these foreign ID cards from Mexico and others countries?

[Tancredo Fan]

Why is the United States of America accepting these foreign ID cards from Mexico and others countries?

This is astounding. Accepting these IDs issued by one of the world's most corrupt, hostile governments is an absolute outrage. The silence from Washington is deafening, but it will come back in 2004 to haunt the people who have chosen to ignore our security after 9/11. Out the door, and good riddance.

[billhilly]

So what's an illegal immigrant to do when they know they will be shot if they return to their country? Pragmatism is for poor countries.

Why not get their native land's addresses and send their checks there? At least we could avoid all of the other costs, and maybe those terms would allow them to return to their homelands safely.

It is best not to take what I have written seriously. I am just venting my frustration.

[ijcr]

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor. The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to knowingly assist an employer to violate employment sanctions, REGARDLESS OF CLAIMS THAT THEIR CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

The $50 fine is only an IRS issue, remember by law the IRS cannot inform the INS about illegal aliens! However if that obstacle was removed then the employers would face the above penalties.

[krogers58]

The major difficulty that will be faced in cracking down on these illegal immigrants, will come from the Democratic party. Some of these people do vote, and guess who they vote for? Fifty bucks is a joke. They can underpay these illegals, at least twice that much in a week.

[MissAmericanPie]

Whoa, 750,000 notices, now that is impressive. I'm stunned.

[usadave]

Sorry to hear that those Mexicans are stealing all those restaurant jobs away from you.

Many restaurant jobs used to be filled by high school students who worked after school on on weekends. I was one of them. These jobs were also sometimes filled by high school graduates who were working their way through college, or by individuals supporting themselves with their first job after moving out of their parent's house.

[1stFreedom]

Nope. Did I mention any races or ethnicities having attitudes? Nope.

(BTW,I'm an American of Mexican descent, 3rd generation.)

Look, lotsa people of all colors/ethnicities have chips on their shoulders. Young people especially. They take it for granted and they don't have a lot to loose. The ones at the bottom of the ladder are especially troublesome -- if they get fired they'll be employed the next day at a temp job. I've seen it happen time and time again. There really isn't much to loose other than a day or two's pay. (This doesn't mean everybody at these jobs has bad work ethics and bad attitudes.)

Illegal immigrants have plenty to lose if they lose their jobs. Sure, they can always stand on the street corner waiting for work but 1. That doesn't guarantee steady income and 2. The money might not be as good and 3. There is some sense of pride in having a job and not bum rushing cars coming to pick you up for work -- and maybe rip you off by not paying you.

Many have come from really poor neighborhoods (go to TJ some time and check it out.) Giving el jeffe a bad attitude is not really an option. They remember where they came from, and the threat to them if they are deported, etc. There is always the fear that the boss knows you are illegal and can turn you in and claim he didn't know till now or something. (Might be unfounded, but it prolly is a big worry).

Based upon the way people act, I would hire an illegal alien (or an older citizen) before some young citizen for low level or blue collar type job. I can't remember the last time I was given attitude by an illegal (they are all over). I do remember the last time my local postal worker gave an attitude!

I also know how my Grandfather worked hard to rise from virtually nothing. I know how hard my father worked as a career soldier in the Army (who made E-9 CSM) so we could have a better life than he did. But I look around at young people to day and they are just complacent in their jobs working at the docks, warehouses, etc and still living with mommy.

We have to remember that people get trapped in cultural and economic constraints when life is relatively good. I've tried time and time again to get such people to go to school, or start a business, or do something else to better their financial life. They like the idea and get jazzed up, but two years later they are at the same type of job and haven't really gone anywhere.

We have to admit that a large cross section of our society is complacent (sure they gripe, but don't do much else).

[usadave]

But Kelly said the stepped-up effort amounts to "a silent raid against undocumented workers."

I'd much rather prefer that the raid against undocumented workers, otherwise known as illegal aliens, be very loud and noisy. Maybe then the illegal aliens will be so scared that they'll run for the Mexican hills in sheer terror.

[Jhoffa_]

I still think it's an overly broad characterization, regardless of who has what to lose. And an exercise in stereotyping.

It's like me saying all hispanics are lazy or are illegals. You and I both know better.

Personally, I kind of like the idea that people can quit if their employer doesn't offer safe working conditions, decent pay, benefits or what have you without the void being filled with illegals.

It's called competition. Employees must compete for their wages, generally considered to be a good thing. The reverse side of the coin is employers must compete for their labor, that's where good wages, bonuses, benefits and perks come from.

Besides, the US owes nothing to third world countries. Our immigration should be to our benefit, not theirs. And it sends a really crappy message to people who filled out the forms, did the right thing and waited because they really want to be an American citizen (and to have all the Right's & perks that accompany that) to let someone who simply jumped a fence for a quick buck in ahead of them.

It's insulting and it's unfair.

[usadave]

Maybe they did take away jobs. But, I'd bet they work harder and don't give attitudes unlike many Americans.

I vehemently disagree with you that the average illegal alien works harder than the average American. As far as attitude is concerned, I'm sure that most illegal alien workers understand that it is best for them to keep their mouths shut and not complain about anything, and by doing so, avoid the risk of being reported to the INS by their employer.

[dr_who]

And they continue to be.

[dr_who]

Please elucidate us on how illegal aliens pay Social Security..

Ever heard of FICA?

[Tancredo Fan]

You are wrongly assuming that the majority of this vermin works above board.