In an effort to undermine Arizona’s illegal immigration laws once again President Obama’s Administration through the Justice Department filed a suit against the state’s practice of asking for green cards before they hire immigrants for jobs.
The Justice Department claims that a network of community colleges acted in an illegal manner by requiring noncitizens to provide their green cards before they could begin their employment.
The lawsuit against the Phoenix metro area Maricopa Community Colleges slams the state with yet another distraction while Governor Jan Brewer runs for reelection and tries to get the economy turned around for its residents.
The Justice Department is also investigating America’s toughest Sheriff; Joe Arpaio who has continued his campaign against illegal immigration raids after a refined SB1070 became Arizona law.
According to The Washington Post, the newest lawsuit finds, Justice Officials accused Arizona community colleges discriminated against nearly 250 noncitizen job applicants by mandating that they fill out more documents than required by law to prove their eligibility to work. The Department said this violated the federal Immigration and Nationality Act.
The law's anti-discrimination provisions "makes it unlawful to treat authorized workers differently during the hiring process based on their citizenship status," said Thomas E. Perez, assistant attorney general for Justice's Civil Rights Division. He said the government "is acting now to remedy this pattern or practice of discrimination."
The I-9 Immigration form itself recites that "It is illegal to discriminate against any individual (other than an alien not authorized to work in the United States) in hiring, discharging, etc."
A review of the combination of documents from which the employee may choose places the employer in a clear paradox, since none of the documents in the allowed combination prove the employee's right to work in the United States, but the employer is required to attest "that to the best of my knowledge the employee is authorized to work in the United States," says one legal expert.
The mystery of the employee's right to work in the United States could be resolved simply and easily by having the employee present the "green card" which establishes the right of the employee to work or not in the United States.
Currently employers are subjected to fines and imprisonment for hiring employees who are not authorized to work in the United States (ICE raids), but their options to verify the legal status of the prospective employee is hindered by a "smoke and mirrors" instruction that elicits responsibility but withholds the means.
The Federal government has been operating the "E-Verify" system for some time, which provides a quick determination of the prospective employee's right to work in the United States.
"Through E-Verify, U.S. law requires companies to employ only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization.”
This diverse workforce can contribute to the vibrancy and strength of our economy, but that same strength also attracts unauthorized employment by not having a universal worker identification number.
The newest lawsuit in Arizona was filed on behalf of Zainul Singaporewalla, a U.S. permanent resident who was offered a math teaching job at the Glendale Community College, but was asked to fill out another form with current immigration status, the lawsuit explained.
That special form required more documents and a copy of a green card. When the potential employee couldn't find the green card, the suit said, the college would not let Singaporewalla work.
The federal government is asking the judge within the Justice Department unit to make the Maricopa colleges to pay a civil penalty of $1,100 for each of the 247 non-U.S.-citizen job applicants it says were requested to provide additional paperwork.
The Maricopa Community Colleges staff declined to comment on the new lawsuit.
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