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The Administration recently
announced that it would begin advising employers when names and social security
numbers submitted to the Social Security Administration do not match. These so-called “no match” letters have been
used for years, but until publication of the new rule they did not require
resolution of the mismatched data.
The new “no match letter
provides a valuable enforcement tool for the Department of Homeland Security’s
Immigration and Customs Enforcement branch.
Under the Immigration Reform and Control Act of 1986 employers are
required to verify that people they hire are legally eligible to work in the
United States, and a social security card is a form of proof of that
status. Failures to comply result in
fines.
However, the epidemic use of
fraudulent social security cards by illegal aliens has undermined the intended
result of that requirement – illegal aliens still quickly find work by presenting
cheap, easily-available fraudulent cards.
Until this regulation was
issued, recording a social security number offered by an employee provided a
defense against a charge that the employer has knowingly hired an illegal
alien. The “no match” letter removes
that as a defense by placing the employer on notice that there is possibly a
problem with the status of one of his employees. The letter describes what he must do about it. If he follows those steps, he is no longer
liable if the individual turns out to be an illegal alien.
Over time, this process will
drive millions of illegal aliens from the workforce as their fraudulent social
security numbers no longer serve them.
Ultimately, the inability to find work will result in them returning to
their homes abroad. The jobs they held
will be available to legal workers in the U.S.
This effort by the
Administration, though, must be widespread, firm and relentless. There is
opposition to it, of course, from several quarters. Employer groups, who have vested interests in the continuing
oversupply of labor that hold down wages, oppose it. Union leadership is always eager for new members and their dues
regardless of the legal status of the member and of the impact depressed wages
and working conditions have on legal workers.
And, of course, there are the groups whose interests lie more in ethnic
identity than in the national good.
Acting jointly, several of those parties have succeeded in finding a
federal judge to enjoin the process – it is now on hold.
NAFBPO believes, however, that
good sense will prevail, and a higher court will find that the overall
interests of the legal American resident outweigh those of the trespasser on
our soil. Although delayed, the “no
match” letter will ultimately be permitted.
The weeding out of illegal
aliens from our workforce will be a long, slow process, but that is a good
thing. Its gradualness will give
everyone concerned a chance to adapt to a new reality: American jobs should go to legal residents,
and wages and working conditions should be geared to a domestic labor supply,
not depressed by foreign competition.
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