DOJ FINES COMPANY FOR FOLLOWING THE LAW

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The Department of Justice has violated the law to fight for President Obama’s want to reshape immigration. The DOJ settled with Culinaire International in what it says was a violation of Form I-9 and E-Verify rules and its misinterpretation of the Immigration and Nationality Act. Culinaire settled for much less than the cost of going to court, which could have bankrupted it.

What Culinaire did

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Here, via Daily Sanity, is what Culinaire did to bring the weight of the Department of Justice.

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In this case, this company sought to confirm the identity and residency status of one of its employees. The employee in question showed up with two documents: an expired permanent residency card and an up-to-date permanent worker card. The business thought this was fishy, so it required the employee to produce another document definitively proving citizenship or permanent residency.

Where Culinaire is right and the DOJ is wrong

INA: Act 274A – Unlawful Employment of Aliens subsection 2 is clear about the responsibilities of the employer.

(2) Continuing employment.-It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.

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INA: Act 274B – Unfair Immigration-Related Employment Practices subsection 2, part C states another part that Culinaire correctly.

discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.

What the DOJ claims

Here, via the DOJ website, what they claim they did right.

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The Justice Department’s investigation found that Culinaire required lawful permanent resident employees to produce a new Permanent Resident Card when their prior card expired, even though the Form I-9 and E-Verify rules prohibit this practice.   Lawful permanent residents have permanent work authorization in the United States, even after their permanent resident cards expire.   The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the employment eligibility verification process based on their citizenship status.    

“Employers cannot discriminate against workers by requiring them to produce more documents than necessary in the employment eligibility verification and reverification processes,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division.   “The department applauds Culinaire’s willingness to resolve this matter expeditiously and its commitment to changing its past documentary practices.”

The problem is that for a company or a person to fight for their rights, they can be bankrupted by the DOJ. The rules on the I-9 and E-Verify do not supersede the INA and they are not law. The INA is clear when it comes to employers on what they must do.

PAUL SHANNON @ AMERICAS FREEDOM FIGHTERS 

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