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"Civil Rights Act of 2008" admits illegal aliens "undermine the living standards and working conditions of all Americans" (Kennedy, Clinton, Obama)

From our "Isn't it Ironic" file comes the "Civil Rights Act of 2008", brainchild of Senator Ted Kennedy (S.2554, link). Among no doubt many other things, it seeks to close a defense that employers can use when an illegal alien is fired and sues for back pay.

In so doing, the bill admits that employers being able to hire illegal aliens "undermine[s] the living standards and working conditions of all Americans", a somewhat shocking admission considering that almost every leader of the Democratic Party constantly bends over backwards to support and enable illegal immigration. The bill also admits that being able to hire illegal aliens gives those employers an unfair advantage. However, as yet another example of the Dems' inabilities to understand the impacts of their policies, there's nothing in there about enforcing our immigration laws as a way of avoiding problems in the first place. Could their plan be used as a form of attrition? Yes, it might actually reduce illegal immigration by reducing the incentive and thus causing some to go home and others to decide not to come here. However, not so in practice, since with the other hand the Dems would be waving people across our borders.

Nevertheless, a question based on this plan might be a good thing to ask one of the candidates. Since they support something that - absent amnesty - would have an attrition-like effect, why not support attrition through enforcement? And, of course, since they admit the downsides of illegal immigration, Obama and Clinton should be asked exactly how many instances of enforcement of our immigration laws they've supported.

Co-sponsors include:
Hillary Clinton
Barack Obama (press release here)
Dick Durbin
Barbara Boxer
Chuck Schumber
Bob Menendez
...and several more.

After a bit of a warm-up and a to-be-expected concern about racial profiling, here's the relevant bits:
...(5) ...In the wake of the Hoffman decision [Hoffman Plastic Compounds Inc. v. NLRB, 535 U.S. 137 (2002)], defendant employers will now argue that backpay awards to unlawfully discharged undocumented workers are barred under Federal employment statutes and even under State employment statutes.

(6) Because the Hoffman decision prevents the imposition of sanctions on employers who discriminate against undocumented immigrant workers, employers are encouraged to employ such workers for low-paying and dangerous jobs because they have no legal redress for violations of the law. This creates an economic incentive for employers to hire and exploit undocumented workers, which in turn tends to undermine the living standards and working conditions of all Americans, citizens and noncitizens alike.

(7) The Hoffman decision disadvantages many employers as well. Employers who are forced to compete with firms that hire and exploit undocumented immigrant workers are saddled with an economic disadvantage in the labor marketplace. The unintended creation of an economic inducement for employers to exploit undocumented immigrant workers gives those employers an unfair competitive advantage over employers that treat workers lawfully and fairly.
Other tags: charles schumer

Fri, 03/07/2008 - 20:09 · Importance: 6

Sat, 03/08/2008 - 07:41
H.K. Phooey

Exploitation of aliens, downward pressure on Americans' pay and working conditions, and unfair competitive advantage. All fundamental arguments for enforcing anti-hiring laws. But if you highlight these EXACT SAME things as part of an attrition strategy Kennedy & his open border 'stakeholders' would call you every name in the book. But when it suits their purposes (making it easier for illegal aliens to sue) they have the nerve to use your arguments. Unbelievable! 'Nevertheless, a question based on this plan might be a good thing to ask one of the candidates.' They'll just say kind of what Hillary did in the TX debate--I'm for doing all this enforcement but only AFTER CIR passes. Teddy Kennedy, virtual proxy for Roger Mahony, will the day after CIR passes become Senator Enforcement. He and John Kerry will no longer hold hands and cry with the victims of our inhumane laws. These same types of laws and enforcement strategies as part of CIR will suddenly be cast by them in a whole new light and they will back them to the hilt. It makes perfect sense as leopards are well known to change their spots, right suckers?

Sat, 03/08/2008 - 08:06
H.K. Phooey

So rather than a question which they'll dodge I see the value more as impeachment evidence. This admission that illegal hiring 'tends to undermine the living standards and working conditions of all Americans' definitely needs to be filed for future and frequent use. While Hillary will just say this is why we need CIR, the more on the record contradictions we get of core propaganda of the open borders lobby, the more such dogma is discredited. Anyone who signs on to the admission of 'tends to undermine the living standards and working conditions of all Americans', if they ever try to characterize such arguments as scapegoating like Obama did an a debate, you got 'em nailed. Similarly, anyone who signed on to those words can no longer criticize political opponents anymore for making such an argument without looking incredibly hypocritical. Whatever disparaging name they want to use they are just calling themselves that.

Sat, 03/08/2008 - 10:57
llamajockey

A few weak minded Democrats may sincerely believe that this legislation a good idea. In that is the case they are way too stupid to be an elected official. In practice this bill will turn out to be nothing but a Government mandated employment act for Immigration and Civil Rights scam lawyers. To top it off it will be another Ted Kennedy engineered backdoor amnesty. Worst of all how much you want to bet this legislation includes federal funding for non-profit immigrant's rights organization that receive money for helping to monitor and enforce this act? What better way to help fund the Open Borders advocates. This bill would tell illegal aliens that you can come to the US knowing that you will be under-payed, worked off the clock and cheated in every which way. FURTHERMORE KNOWING THAT YOU YOUR ACTS ARE BOTH ILLEGAL AND UNDERMINE THE JOB MARKET OPPORTUNITIES FOR US CITIZENS AND LEGAL RESIDENTS. Then you can raise a big stink through the local immigrants rights organization, obtain free legal government payed representation, and stay in the US for as long as it takes for your case to be adjudicated. I imagine Kennedy has dreamed up a new visa category not unlike those granted to material witnesses to felony cases. You know the ones often used by mail order bride con-artists who claim spousal abuse as soon as they get their green card. Or the majority of "innocent" foreign hookers who claim they had no idea the $500 a night cocktail waitressing or $30 an hour masseuse job overseas was an invitation to work as a prostitute. This legislation will only make matters worse. Why?? Because the penalties for abusing the system for employers will never be anywhere close to what a true Attrition Through Enforcement bill would demand. Instead it will still be more than worth it for an major employer like Tyson to hire thousands of illegals, work them till the point they begin to suffer from early stages of carpal tunnel. Then for Tyson to layoff large groups of them and let them attempt to sue for lost wages and benefits. The illegals would be granted a "temporary" amnesty which is what they really want anyway. Next, Tyson and the corrupt immigration lawyers and the race hustling ethno-centric groups they are in bed with will eventually settle out of court. The Immigration Lawyers will get paid. Tyson will pay "reparations" to the professional ethno-centric group race hustlers to keep them happy. The "shafted" illegal workers get 15-25% on the dollar. The process will simply repeat itself over and over again. This is basically how the scam is working with the H1-B and always just out of reach green card. Hire the H1-Bs young, promise them a green card if they submit to serfdom, work them to death for about 10-15 years. Then lay them off at first signs of slacking off or middle age, knowing they will not or cannot go home, especially if they owe debts to loan sharks or greedy relatives back in India. So th

Sat, 03/08/2008 - 11:21
llamajockey

A few weak minded Democrats may sincerely believe that this legislation a good idea. In that is the case they are way too stupid to be an elected official. In practice this bill will turn out to be nothing but a Government mandated employment act for Immigration and Civil Rights scam lawyers. To top it off it will be another Ted Kennedy engineered backdoor amnesty. Worst of all how much you want to bet this legislation includes federal funding for non-profit immigrant's rights organization that receive money for helping to monitor and enforce this act? What better way to help fund the Open Borders advocates. This bill would tell illegal aliens that you can come to the US knowing that you will be under-payed, worked off the clock and cheated in every which way. FURTHERMORE KNOWING THAT YOU YOUR ACTS ARE BOTH ILLEGAL AND UNDERMINE THE JOB MARKET OPPORTUNITIES FOR US CITIZENS AND LEGAL RESIDENTS. Then you can raise a big stink through the local immigrants rights organization, obtain free legal government payed representation, and stay in the US for as long as it takes for your case to be adjudicated. I imagine Kennedy has dreamed up a new visa category not unlike those granted to material witnesses to felony cases. You know the ones often used by mail order bride con-artists who claim spousal abuse as soon as they get their green card. Or the majority of "innocent" foreign hookers who claim they had no idea the $500 a night cocktail waitressing or $30 an hour masseuse job overseas was an invitation to work as a prostitute. This legislation will only make matters worse. Why?? Because the penalties for abusing the system for employers will never be anywhere close to what a true Attrition Through Enforcement bill would demand. Instead it will still be more than worth it for an major employer like Tyson to hire thousands of illegals, work them till the point they begin to suffer from early stages of carpal tunnel. Then for Tyson to layoff large groups of them and let them attempt to sue for lost wages and benefits. The illegals would be granted a "temporary" amnesty which is what they really want anyway. Next, Tyson and the corrupt immigration lawyers and the race hustling ethno-centric groups they are in bed with will eventually settle out of court. The Immigration Lawyers will get paid. Tyson will pay "reparations" to the professional ethno-centric group race hustlers to keep them happy. The "shafted" illegal workers get 15-25% on the dollar. The process will simply repeat itself over and over again. This is basically how the scam is working with the H1-B and always just out of reach green card. Hire the H1-Bs young, promise them a green card if they submit to serfdom, work them to death for about 10-15 years. Then lay them off at first signs of slacking off or middle age, knowing they will not or cannot go home, especially if they owe debts to loan sharks or greedy relatives back in India. So th