FAIR Legislative Update September 8, 2009

REMINDER: FAIR’s Annual Hold Their Feet to the Fire Event — September 15 and 16

Just a reminder that FAIR will be holding its annual Hold Their Feet to the Fire event in Washington, D.C. this coming September 15 and 16.   The event will bring true immigration reform activists from across the country together in the nation’s capital along with more than 45 of America’s finest radio talk show hosts to make a push for real reform.  If you want to participate in the event, register today on FAIR’s homepage at http://www.fairus.org./

If you can’t make it to Washington, D.C. to participate in the event, stayed tuned to FAIR’s website for details on how you can participate in Hold Their Feet to the Fire from home.

Media Fails to Focus on How Best to Close Illegal Alien Loophole in House Health Care Bill

The mainstream media continues to maintain the wrong focus when analyzing the House health care bill’s loopholes.  (H.R. 3200).  FAIR was the first organization that explained that “Section 246 will not prevent illegal aliens from receiving taxpayer-funded health care benefits.”  We also explained that there was nothing in the bill to prevent illegal aliens from enrolling in the “public option” health insurance plan and that the bill lacked an effective enforcement mechanism to verify eligibility for the affordability credits.  (See FAIR’s House Health Care Bill Analysis).

Despite our clear explanation about how the loopholes would allow illegal aliens to receive taxpayer-funded health care, the media has distorted these concerns to suggest that organizations like FAIR have stated that the bill expressly grants taxpayer-funded health care benefits to illegal aliens.  (See, for example, Newsweek, August 29, 2009 and New York Times, September 2, 2009).  The media has then proceeded to “debunk” this particular “myth” about the health care bill, categorizing these concerns as “misinformation” in some cases, and even going so far as to categorize concerns over the bills as “lies and exaggerations.”  (See Newsweek; see also The Stein Report responding to Newsweek’s article).  Let’s be clear: there is nothing in the bill that expressly grants eligibility for the affordability credits to illegal aliens.  But so too, there is nothing in the bill that requires the use of a clear, specified verification method to determine eligibility related to legal status either.  The absence of this requirement is a loophole that will allow illegal aliens to receive benefits, and it is this loophole that concerns the American people.

The noise from the media to “debunk the myths”, likely prompted by calls from the White House, has grown louder in the past few weeks.  The President’s campaign website, Organizing for America, has recently stated that it wanted to engage people to “fight the lies and tell the truth” about health care reform.  (See Organizing for America, September 3, 2009).  It also chastised the media because they “seemed to broadcast any story of conflict or division they could find.” (Id.).  Despite the recent media articles, some in the media have correctly characterized the debate over the issue.  (See, for example, Washington Examiner, August 26, 2009 and HotAir, August 28, 2009).

But at this point, all of this back and forth is really counterproductive.  It appears that Democrats and Republicans in Washington, D.C. agree that the bill should not provide any coverage to illegal aliens.  For example, President Obama responded to a question by CBS’ Katie Couric about whether illegal aliens should be covered under a new health care plan by saying: “No.”  (CBSNews, July 21, 2009).  Likewise, House Speaker Nancy Pelosi (D-CA) responded to a question about the issue by saying: “No, illegal immigrants are not covered by this plan.”  (Topix, July 27, 2009). In addition, Senator Max Baucus (D-MT) who is the Chairman of the Senate Finance Committee — the Committee that will have to find a way to “pay for” a health care overhaul — said: “We aren’t going to cover undocumented workers because that’s too politically explosive.”  (Houston Chronicle Blog, May 21, 2009).  And House Republicans on the Ways & Means Committee unanimously supported an amendment offered by Rep. Dean Heller (R-NV) to mandate eligibility verification to prevent illegal aliens from receiving benefits.

So why, if the White House and Democrats in the House and Senate agree with Republicans on what the policy should be, are the Democrats and their allies in the media spending so much time mischaracterizing an issue and then trying to debunk that issue?  Wouldn’t it be far more productive for President Obama to, as FAIR has called on our leadership in Washington to do, come out and endorse the Heller Amendment and just eliminate the illegal alien loophole altogether?  (FAIR’s Press Release, August 26, 2009).

DHS Allowing Illegal Aliens to Remain in Workforce; DOL Helping Them Improve Working Conditions

Last week, two media reports revealed that the Obama Administration is (1) failing to deport illegal workers, and (2) at the same time, working to entrench illegal aliens as part of the U.S. labor force by having the U.S. Department of Labor work with the Mexican government “to protect Mexican workers regardless of their legal status.” (The Sacramento Bee, September 1, 2009).

Last week, the impact of Homeland Security’s new policy on worksite enforcement became readily apparent when Immigration and Customs Enforcement (ICE) refused to say whether it would deport 1,500 factory workers who had been fired “because they were unable to prove their immigration status or fix problems with their employment records.” (Los Angeles Times, September 3, 2009). Two months ago, American Apparel Inc. — a Los Angeles clothing manufacturer and retailer well-known for its support for amnesty — announced that an ICE inspection had found that about 1,600 of its workers appeared to be illegal. According to the Los Angeles Times, ICE spokeswoman Virginia Kice “declined to speculate on what would happen to illegal workers once they left a company.” Kice told the Times: “The focus is on the employer…on ensuring that businesses employ a legal workforce. Then again, if someone is in this country in violation of immigration laws, they are subject to enforcement action.” (Id.).

Kice’s refusal to confirm that ICE would deport any illegal aliens working at American Apparel Inc. suggests that the Obama Administration is willing to allow illegal aliens discovered in the course of a worksite enforcement operation to re-enter the workforce. This is especially troubling in light of a report released last week by The Sacramento Bee indicating that the U.S. Department of Labor (DOL) is working with “Mexican consulates across the United States as part of a binational campaign, endorsed by Secretary of Labor Hilda Solis, to protect Mexican workers regardless of their legal status.” (The Sacramento Bee, September 1, 2009). According to The Bee, “[s]tate and federal labor officials joined immigrant rights advocates and union representatives” last Monday at Sacramento’s Mexican Consulate “to address work-related injuries, sexual harassment, salary issues and working conditions.” (Id.).

Last week’s events, however, are only the latest in a series indicating that the Obama Administration is not serious about enforcing America’s immigration laws. In March, it was revealed that DHS Secretary Janet Napolitano had not only ordered the release of 27 illegal aliens who had been arrested as part of an ICE worksite enforcement investigation in Bellingham, Washington, but that DHS has also given them work authorization. (See FAIR’s Legislative Update, April 6, 2009). Furthermore, on March 29, an anonymous DHS official told The Washington Post that Napolitano had delayed a series of worksite enforcement operations. (The Washington Post, March 29, 2009).

The administration’s refusal to enforce immigration law against illegal alien workers found as the result of ICE worksite enforcement operations may be part of an enforcement strategy that focuses on the identification and removal of “criminal” aliens only. In fact, the administration has made announcements concerning the Secure Communities program (See FAIR’s  Legislative Update, May 26, 2009); the 287(g) program (See FAIR’s Legislative Update, July 13, 2009); and the Fugitive Operations program (See FAIR’s Legislative Update, August 24, 2009) indicating that they intend to abandon immigration enforcement in all but the most serious criminal cases.

Special Interests Fail to Block E-Verify Federal Contractor Mandate

One week after having their arguments rejected by a federal judge (See FAIR’s Legislative Update, August 31, 2009), the anti-enforcement lobby suffered another setback after attempting to use legal maneuvering to stop the federal contractor E-Verify rule from taking effect on September 8. E-Verify is the online, electronically operated work authorization system that employers can use to confirm that their new hires are legally authorized to work in the United States.

On December 23, 2008, a coalition of special interest groups — including the U.S. Chamber of Commerce; Associated Builders and Contractors, Inc.; the Society for Human Resource Management; the American Council on International Personnel; and the HR Policy Association — filed a complaint in the U.S. District Court for the Southern District of Maryland, alleging that a Final Rule requiring most federal contractors to use E-Verify was unlawful. (Final Rule, November 14, 2008; Complaint, December 23, 2008). However, on August 25, 2009, Federal District Court Judge Alexander Williams Jr. upheld the regulation and rejected the arguments made by the anti-enforcement coalition. (Decision, August 25, 2009). The Obama Administration has stated that it intends to implement the E-Verify contractor rule on September 8. (See FAIR’s Legislative Update, July 13, 2009).

In a last-ditch effort to block the rule’s implementation, the special interest coalition appealed Judge Williams’ decision and asked Williams to delay the rule from going into effect until after the appeal had been settled. (DJC Oregon, September 1, 2009). However, on September 4, Judge Williams rejected the coalition’s attempt to delay the rule’s implementation until the appeal was settled. This means that, barring an emergency stay from a federal appeals court in Virginia, federal contractors will be required to use E-Verify beginning on September 8. (The Wall Street Journal, September 8, 2009)

The U.S.A. at a tipping point

In a May 5th Business Insider article, the Obama administration was described  by a Chrysler creditors representative as “the most shocking “end justifies the means” group they have ever encountered”. Obama himself was described by another as “the most dangerous smooth talker on the planet- and I knew Kissinger.” (According to the article, both of these individuals voter for Obama.)

But here’s the thing - all anyone has to do is take the time to really look at what Obama has done already (quadrupled the budget deficit, given the country’s #3 automaker to the UAW, taken control of the 2010 census and enlisted ACORN to help with the count, etc…), what he has on deck (socialized medicine, massive carbon/environmental taxes, amnesty for illegals), and who he has installed or is in the process of installing into key cabinet positions throughout the administration (Hilda Solis, Harold Koh, Janet Napolitano, Gary Locke, Sonia Sotomayer, etc…) and the picture that will emerge is that of our country’s horrifying free fall into socialism under what many - myself included - view as an increasingly fascist regime, and marked by an escalating disregard for the rule of law at national, state and local levels by this administration and its loyalists.

There’s an element of society who now sees this as ‘their time’. It’s no longer about pursuing the American Dream, about taking advantage of the opportunities provided all of us  - by virtue of living in the greatest country in the world - to pull ourselves up and make something of ourselves and our lives. No, it’s now about ’social justice’, about robbing the rich to give to the poor like some sort of half-assed government robin hood, about tearing down those among us who create wealth and prosperity, about attacking industry, and ultimately, the destruction of the free market and our capitalist society

In a Canada Free Press article the other day, Daniel Greenfield wrote “Even now when banks are being nationalized and major automakers turned over to union ownership, it is mainly people over 40 who are even noticing that anything is wrong”. My own observations and experiences in daily life suggest that he is correct. Part of the problem, I think, is that the younger generation lacks any meaningful frame of reference from which to gauge the sweeping changes that are overtaking us and marking our decline. They certainly have no personal experience, and they’re sure as hell not learning about it in school anymore, so where does that leave us?

Just yesterday, a comment posted to an anti-illegal-immigration post of mine from a a week or two ago suggested that I “Go Die!”. The commenter, it turns out, was a 17-year-old girl from Spokane who’s position, I’ll have to assume, is the result of 11-12 years of public education from which love of God and Country have been all but stricken from the curriculum and replaced by “King and King”, “An Inconvenient Truth”, and promotion of ‘diversity’ and ‘multiculturalism’ over American unity and sovereignty.

I’ve invited her back in an attempt at something approaching a discussion, and I hope she returns even though I know she won’t. They never do.

There’s a lot of talk these days about Republicans taking congress in 2010 and possibly even the white house in 2012. Well….that remains to be seen, but there is another wildcard in this whole thing that I don’t see being discussed nearly as much as it needs to be.

The left-leaning demographic in this country is growing by the hour through several means:

  1. The public school system, which is overwhelmingly liberal both in the classrooms and at the administrative levels
  2. Unchecked illegal immigration
  3. Expanding entitlement/handout programs
  4. Preferential treatment being given by our White House to unions.

On points 3 & 4, there’s a saying something to the effect of  “A system that robs Peter to pay Paul can always count on Paul’s support”. In Obama’s Amerika, the producers in our country are Peter, while the rapidly-approaching-50-percent of Americans who pay no federal taxes at all are Paul.  Michelle Malkin today has a piece on the SEIU’s influence on the White House that I urge you to read.

On point 2, there is a reason why our borders have not been secured and work site enforcement has been halted. For republicans, it’s been about cheap labor. For democrats, it’s been about votes. For Obama, it’s about establishing a permanent democrat majority.

Which brings us to point 1, and probably the liberal left’s biggest coup, the public educational system.

Ever since we first went into Iraq and tried to train a government, an army, and a police force, my position has been that in order to establish any real stability, we need to stay long enough to educate the next generation of Iraqi children from kindergarten through young adulthood; only then could we be certain that they actually understood democracy enough to run their country, but also - and more importantly - only then could we be sure that they would renounce the ways of Sadaam Hussein and the Baath party.

Why? because he who controls the educational system controls the direction of the country.

We, as conservatives, have dropped the ball in a huge way in the education arena. Liberals own it lock, stock and barrel, and we are seeing first-hand the results: legitimate dissent is seen as ‘hate’, Christians are seen as ‘religious bigots’ (see Carrie Prejean), Americans who believe in the rule of law and the Constitution are viewed as ‘right wing extremists’, capitalism andthe free market system are being seen as ‘bad’, while socialism - although not explicitly being called that, is gradually being embraced.

The educational system is where we need to take the fight. We may or may not take back congress and the white house over the next several years, but even if we do, our victory will be short-lived if we don’t start getting re-involved in education, and I mean right now! It will take at least another generation to unravel the damage done by 40 years of liberal dominance in the schools, and I’m afraid we still haven’t seen the worst of it.

I’m on my lunch break and wrote this very quickly, I hope it makes sense.

…………….

-Cnation

Labor Secretary Hilda Solis Sells Out The American Worker

Labor Secretary Hilda Solis

Labor Secretary Hilda Solis

Note 6/21/2010:  this is a repost of an article originally published on 5/3/2008

From the Department of Labor’s F.A.Q.:

Question: What does the Department of Labor do?

Answer: The Department of Labor (DOL) fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.”

Did you see anything in there about making sure illegal aliens get paid?

Me neither.

The AP reports:

Day laborers, many of them Hispanic, are sometimes denied payment and are afraid to press for wages when they’re in the country illegally. Solis, who took office Feb. 24, said she takes this “very seriously.”

“We’re going to have people going out in the field and investigating,” Solis said, noting that she differs from her predecessor, Elaine Chao, in this approach. “We’re going to be more robust in this area and also with respect to OSHA.”

I would call this just one more example of an Obama appointee looking out for a favored group rather than for all Americans - you know, like we’re paying them to do - except this is worse. Much worse. Not only is the new Secretary of Labor Hilda Solis a blatant ideologue who is advocating for people who, by their very presence in our country, are in criminal violation of federal law, but she herself may find herself in direct violation of federal law -  not to mention the trust of the American people - if she follows through with her stated goal of “Ensuring undocumented workers get paid”.

(Maybe we need Robert Gibbs to parse this for us: “OK, what she meant to say was….)

Perhaps Solis should familiarize herself with the Immigration and Nationality Act, which “sets forth the conditions for the temporary and permanent employment of aliens in the United States and includes provisions that address employment eligibility and employment verification”.

According to the DOL website, “Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). ”

(See  INA: ACT 274A - UNLAWFUL EMPLOYMENT OF ALIENS  [8 U.S.C. 1324a] )

Seems pretty damn clear to me. The Department Of Labor, which Hilda Solis now runs, says illegal aliens cant legally work in the USA.

Where’s the gray area? Where’s the confusion? The ambiguity?

While it is true that several courts have ruled that the Fair Labor Standards Act (FLSA), which prescribes standards for the basic minimum wage and overtime pay, applies to illegal aliens if the employer does not make a good faith effort to verify a job applicant’s employment eligibility, the language of the FLSA does not grant the Department of Labor to go to bat for illegal aliens. More importantly, the larger issues of employment eligibility - remember, she specifically wants to protect undocumented workers paychecks - would logically appear to trump any FLSA concerns anyway.

It is not Hilda Solis’ job to advocate for the illegal alien work force. It is her job to protect American citizens, American jobs, and authorized aliens in the work force.

The bottom line is this: In Obama’s Amerika, where the quest for mass amnesty and a permanent democrat majority is a top priority, a female Hispanic labor secretary throwing bones to the illegal alien population is good for business. The rest of America - you and me, those of us who actually belong here and still cling to the American dream - can go pound salt.

Hilda Solis is selling out the American worker, and is beyond unfit for the office she holds.

-Cnation

It’s A Cookbook

obama_to_serve_man_270

"Trust Me"

There was a classic episode of The Twilight Zone called “To Serve Man” in which aliens come to earth, landing in various cities around the world.  A representative of the aliens addresses the United Nations to explain the purpose of their visit, which is basically to fix all our problems…to end hunger, end war, and essentially just save us from ourselves. Upon completing his UN address,  the alien representative leaves a book behind which, presumably, contains all the answers to any questions the earthlings might have. Problem is, the book is written in the aliens’ native language, so the job of translating it is given to our hero, a cryptography expert by the name of Michael Chambers, and his lovely assistant Patty.

Throughout the story, Michael Chambers - who gives every indication from the get-go of willfully putting aside any natural skepticism he may otherwise have had in order to embrace the idea of this alien-provided ‘hope and change’ - and Patty try to decipher the book and eventually crack the title - “To Serve Man”. Michael immediately takes the title at face value and optimistically calls it “a reasonably altruistic phrase”, while Patty says, quite apprehensively “well, I want to believe it….but, I don’t know what to think..”.

Smart girl, that Patty.

In the mean time, the aliens are living up to their word. War, sickness, famine - all things of the past. Barren deserts are now lush, bountiful farmland. Everywhere in the world, people are healthy, well-fed, and life is good.

Regular flights have begun between Earth and the alien’s planet. Michael has long since abandoned the book translation project, as he along with pretty much everybody else is convinced the the aliens are indeed the true saviors of mankind. Patty, however, keeps working on the book.

Towards the end of the story, Michael is standing in line and about to board a flight to the alien planet when Patty comes running up with some pretty bad news. “Mr. Chambers… Mr. Chambers. Don’t get on that ship. The rest of the book, ‘To Serve Man’… It’s a cookbook!” Unfortunately for our hero, he does not escape, but is forced onto the ship and to his final destination as an entree in some distant galaxy. Who knows, maybe he was served up as “wagyu human” at some self-absorbed politicians dinner party…

Like our alien friends, the current occupant of 1600 Pennsylvania Avenue, along with his administration, is not what he seems. This isn’t just wild speculation by some over imaginative wingnut. If your eyes are open, the evidence is overwhelming:

It goes on and on, and had this been George W Bush, mobs of people would be marching on the White House with torches, pitchforks and strategically knotted lengths of rope. But since it’s Obama, many among us will neither see nor acknowledge the undermining of our country that’s taking place from within the highest reaches of our government, and right in front of us.

Sure, you see it and I see it, but people at large just…I dunno…oblivious, and following along while pooh-pooing those of us who, like Patty, are using our healthy sense of skepticism to cut past the hype and b.s. and get to what’s really happening. And far be it from me to say “I told you so”, particularly considering the seriousness of the subject, but we on the right called this one a year and a half ago.

The liberal left will follow this man right off a cliff to their own demise rather than ever admit that they made a mistake. Well, you know…so be it. However, it’s the rest of those obliviots  - the ones who still have the ability to save themselves - who I fear will end up like poor Michael Chambers, not finally figuring it out until it’s too late to do anything about it.

To those people, I say this:

It’s A Cookbook!


-Cnation