Luis Gutierrez' bogus "hire Americans first" amnesty provision

Rep. Luis Gutierrez will supposedly introduce a comprehensive immigration reform bill shortly, and he's already released a summary of one of the provisions. Per this, he said his bill will include:

"language that guarantees that no American citizen, no one born in the United States of America, will ever lose a job opportunity to someone who is foreign born."

1. This is "boob bait for Bubba", a showy trinket designed to distract Americans from his massive amnesty.
2. I believe this would violate the Constitution, in that native born citizens and naturalized citizens would be treated differently.
3. Even if it made it into the bill, and even if the bill passed with that provision in it, the American Civil Liberties Union would immediately seek to prevent the provision from being enforced, claiming that it's not possible for employers to tell the difference between someone born here and someone who wasn't.

Gutierrez' provision is as fake as the "touchback" scheme in his previous amnesty, the scheme that he laughed about on TV.

Comments

It's a bad faith ribbon for the massive amnesty package. A sham. Thus, anyone pushing it is a sham. Any legislator naive enough to think otherwise and object to its ostensible intent will be privately assured it's nothing to worry about and just a trick to get amensty passed. Alienage is a protected class and any employment resitriction is subject to the 'strict scrutiny' test. The preference in the Guiterrez proposal applies to all jobs (including private sector), not just special government jobs and offices. Even if somehow declared legal after years of injunctions and not watered down by the courts, this 'American first' provision will still be (intentionally) full of loopholes the likes of Cohen & Grigsby will be quick to exploit. It will surely be unenforceable in the spirit of the burden of proof which crippled the Immigration Reform & Control Act of 1986. For suckers only. They think you're one.