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  • The Justice Department Strikes Arizona Again

    Eric Holder’s Justice Department really seems to believe that its primary responsibility is to help aliens who violate federal law as opposed to tax-paying citizens of the United States. What else can one say about the latest action filed by the Justice Department’s Civil Rights Division against Arizona community colleges claiming they violated federal law when they asked noncitizens applying for jobs to produce their green cards? According to news reports, the complaint was filed with the Executive Office for Immigration Review, an administrative office within the Justice Department that handles immigration cases.

    Every employer has to fill out a federal form on all new employees, the I-9, which verifies that they are citizens or noncitizens who are legally in the United States and entitled to work. The I-9 form specifies what documents employers can ask for from prospective employees. They range from primary documents like passports and permanent resident alien cards to secondary documents like driver’s licenses, social security cards, and birth certificates.

    As part of the Immigration Control and Reform Act of 1986, liberals insisted on the insertion of a provision that makes it a violation of federal law for an employer to demand any documents other than those listed in the I-9 form or “refusing to honor documents tendered that on their face reasonably appear to be genuine.” 8 U.S.C. § 1324b. There actually is an office within the Civil Rights Division called the “Office of Special Counsel for Immigration-Related Unfair Employment Practices” whose only job is to look for violations of this statute and other supposedly discriminatory practices against noncitizens. This provision puts employers in a confusing Catch-22 since they can be found in violation of federal law for hiring noncitizens yet they can also be found in violation of federal law for questioning the authenticity of documents presented by applicants like social security cards, probably the most easily and commonly forged identification documents issued by the federal government.

    What is also completely unfair about this provision is that federal law requires noncitizens who are here legally to “at all times carry with him and have in his personal possession any certificate of alien registration” issued by the federal government. 8 U.S.C. § 1304. So essentially, the Justice Department is suing these community colleges for asking job applicants who are not citizens to show them a federally-issued document that they are supposed to carry with them “at all times.”

    The suit was filed at the direction of Thomas Perez, the Assistant Attorney General for Civil Rights, who said that DOJ “is acting now to remedy this pattern or practice of discrimination.” Prior to his confirmation, Perez was the president of Casa de Maryland, an extreme Left-wing advocacy organization that opposes the enforcement of our immigration laws and encourages illegal aliens to evade federal law. So according to Perez, a “pattern or practice of discrimination” is for state authorities to ask a noncitizen to show them a federally-issued alien identification card that they must have in their possession when they are sitting across from the state official and filling out the paperwork required for a new job at a community college.

    While Perez may have a technical basis for this lawsuit, this particular provision of federal law and how it is being interpreted is, quite frankly, ridiculous. It is a good example of the inane contradictions inherent in some aspects of our immigration law and this administration’s misplaced enforcement priorities. It also demonstrates the misuse of Justice Department resources, which are being used to attack Arizona in federal district court and now in a federal immigration court, while hundreds of thousands of outstanding deportation orders pending at Justice go unenforced and ignored. The administration’s abuse of its law enforcement powers to achieve political ends is both disturbing and very damaging to the best interests of the country.

    Posted in Legal [slideshow_deploy]

    21 Responses to The Justice Department Strikes Arizona Again

    1. Delores Smith - Mesa says:

      Obama & Holder,

      You are both making fools of yourselves. Leave Arizona alone. We have rattlesnakes, and they are trained.

      Delores Smith

      Delores109@cox.net

    2. Typhoon Lou says:

      Our President sues Americans for trying to protect Americans… Taking sides with the illegal immigrates and drug cartels really shows his true UnAmerican colors… Please take a moment and Google Professor Terry J. Lovell on Obama and Holder suing the state of Arizona and its immigration law SB1070…

    3. patriot - Kansas says:

      With this mentality about Arizon colleges under condemnation for verifying citizenship…….. I had to produce my valid BIRTH CERTIFICATE to work for this aircraft supply company and so did everyone else. So why isn't Pres Obamma required to produce his valid BIRTH CERTIFICATE at his place of employment? So if it is illegal for colleges to demand this why is it legal for these aircraft plants to demand it? I think Holder is all wet.

    4. D. Reggio says:

      When will this government stop meddling with the Constitution. When will this downward spiral of politically correct laws stop once and for all! I am asked to show identification when I go my doctor's office, when I return an item at a store without a receipt. What is wrong with showing an ID for a job??????

      I carried my green card until I became a US citizen and there was no one up in arms then, what the hell is wrong with all you liberals now? What is so different, what has changed? Indoctrination by schools? the ACLU (which I wish would disappear from the face of the earth, or move to an Islamic country and work for the right of women. I would really like to see how much they would accomplish there!!) They would probably get a kick you know where or probably stoned or beheaded, as Islam is the faith of peace.

      Since when does an IllegaL person has the same rights as an American born or a LegaL immigrant?

      There is really no justice any more and it makes me very sad to see this wonderful country being turned upside down by the sheer stupidity of the people in Washington DC.

    5. Richard Carroll says:

      It’s really called the Department of No Justice for the american people.

    6. Gary Busse says:

      lets deport them sob right out of washington dc in the next two elections

    7. Pingback: Political Friends Blog | President Obama’s Assult on Arizona

    8. Sandra Wood Hampton says:

      I do not understand why American Citizens have to show their I.D for everything we dlo, Licence, Insurance, Car loans,Food stamps, Federal Aid, etc,etc. But the illegals don;t. I think ever American should stop paying taxes, social security and every thing else the goverment want so they can give it to the illegals.They can't put us all in jail because theywouldn't get their share

    9. kathy/NC says:

      They yelled names at us for demanding our laws be upheld. How can the people have laws if the court can read them the way that believe-reguardless of how they were written and why. We try to raise our children to believe in the laws are to be obayed by all . It is bad when the word GOVERNMENT is a cuss word. WE have to STAND TOGEATHER and quit letting it get worse. I think more education to our children on the Constution and the JOB the government is elected to do.GOD PLEASE SAVE US FROM IGNORANCE.

      .

    10. Carol, AZ says:

      "What else can I say" :

      We are all suffering a case of Mad Cow Disease in this country.

      We have allowed the Federal Government leadership to break all Federal Laws and smash the due process of enforcement.

      The kicker/ we are being herded like cows led to slaughter /before the International community,.the U.N, recentlly announced by Hiliary Clinton.

      Leadership has violated National Sovereignty , States Riights and Legal American CIVIL Rights.

      The recent decision by Sec. of State H.C, certainly has turned what litttle creditablity we have left in America, into an international joke.

      Who in this positon has ever turned on oneState , that is enforcing the law to secure a border for the rest of America? What pathetic hypocrisy.

    11. Mike, Arizona says:

      O ne B ad A ** M istake, A merica spells the present Administration. God Help America. We need to all stand up to this administration with Mad Cow desease.

    12. Amy D. Bernard , Lar says:

      Background: I lived in AZ for 17 years in the '80's & 90's. The immigration problem was as bad then numbers wise. I owned some land near Yuma and made my mortgage payments from the bounty offered for captured illeagels. The difference back then was, generally speaking, I didn't have to worry about armed incursions by illeagels.

      Am I suprized at how this government is treating Az. as a state, in a word no. Az. is not bowing to the ruler's whim in many aspects and must therefore be punished. Az. is not the only state that is being punished just the most obvious at this point in time. If We the People do not remove those who aid and abet the ruler and limit his power in the November elections then these abuses will continue and grow worse.

      Please, America, wake up.

    13. Dr. thomas E. Davis, says:

      Though Eric Holder is the dysfunctional AG of the USA, it is Thomas Perez who carries out his dirty work. I am of the opinion that all these actions will be overturned on appeal. Perez was the lead on dismissing the 'confessions' and coviction by default against the two New Black Panther Party thugs for their acts of intimidation in Philadelphia during the 2008 election. It is puzzling why the Supreme Cort has not interjected itself into these apparently unconstitutional action by the DOJ and the Office of the President who is equally culpable. Elena Kagan also appears to have 'Dirty Hands' in several cases.

    14. Frank Provasek says:

      The people involved are LEGAL RESIDENT ALIENS, and under the 1986 Reagan immigration law, employers can only ask to see the documents listed on the I-9 form…passports and permanent resident alien cards, driver’s licenses, social security cards, and birth certificates. The law says you do NOT have to show a green card if you have these other documents…and Arizona was refusing to hire people who did not show their green card. It's a clear violation of federal law.

    15. tommy,maryland says:

      i think obama and his cohorts should be charged with mutiny for what they are doing top this country.. why is it the law does not apply to goverment ..double standards are the rule..i think the people in this country should ask obama and the other three idiots with him in leadership to step down before they bankrupt this country..

    16. tommy,maryland says:

      only a thought.. stupid is as stupid does… the speaker of the house should be run out of dc on a rail.. the woman has no brain cells that work at all..it seems the people in this country has given up and dont know where to turn for help..the goverment forcing its people to take health care when all of goverment is excempt from same healthcare.. how can that be legal..is this america or some third world country totally run by four people…it seems we now have no voice in where our country goes from here …m thank god november 2nd well be here soon… now is the time to make our voices heard…. vote vote vote

    17. Carol, AZ says:

      Frank, we have over 400,000 illegal sucking the life blood out of AZ. If you would like to support them in your State invite them there.

      But you won't because it's our problem, in not in your backyard.

      I don't care what you think you know there about this issue , or pretend to know about law .

      Illegal means aagaint the law in any counrty around the world.

      The identity false doucumentation goes right to the DMV and now to the White House over ALL enforcement issues…

      But you are corect , we do not hire poeple who takes jobs from legal American living here. We enforce e-verify to re-employ jobless Americans

      22 other States and over 500,000 BUSS. use it as well..

      Maybe a strange idea from your point of view , but the last time I checked we had 34 million Americans out of work and growing higher each months .

      What a new age idea !

      Re-employ our shinking tax base.

      You and Hiliary call yourselves Americans?

      I don't think so.

      .

    18. Leon Lundquist, Dura says:

      Hans, I like your point about the Misappropriation of Funds, the money that should be enforcing Law is spent evading it. Ask me, this guy Perez, belongs in jail as a Co-conspirator with Holder and Obama to throw the 2012 Election with Vote Buying (with Public Funds) and let's not forget, Malfeasance, Conspiracy to Refrain Prosecution, and Conspiracy to False Prosecute Arizona (Arizona Officials have Oaths to fulfill.) So many Crimes in so little time, it puts a Chill upon the very notion of Representative Government!

      And the Media! Jeffory Immelt, GE! Their High Crime is in Plain View, the 2009 assault upon Free Speech by entirely subverting it (at great cost) and with tremendous Graft in return for their News Division's Conspiracy To Elect Communist Infiltrators. No surprise to me Perez is a Commie. Why can't they use our money to Prosecute the Communist Infiltraitors instead of wasting it fixing more elections. Elsewhere on Heritage you can find Analysis that says the Soviet threat remains in Russia with Puten, quite as if the Cold War never really ended for them. They remain Statutorially definable as 'long standing enmity' and certainly enough to Prosecute the Administration Communists.

      You couldn't go after Obama if he were actually an Elected Official. But since he stole the Election by suppressing the truth about himself and his plans (in the Foreign Interest) Obama is vulnerable at Law. Somebody help me out here! I've been calling for Impeachment ever since he got here. Am I wrong?

    19. Leon Lundquist, Dura says:

      An afterthought at this juncture: Do you remember when President Clinton purged the Justice Department of virtually all Conservatives (technically Loyal Opposition)? Mr. Perez serves in place of the Federal Prosecutors who should have been in his Office were it not for the First Black Operations President, Clinton. There is nothing moderate about the Clintons, so in blame, don't forget that weasel! Ask me Bill belongs in the Indictment too, Conspiracy to Fix Election and Subverting Representative Government. How like their friends, the Soviets! These Progressives do purges. Purges in America!

    20. Bobbie says:

      Obama sure does show his hatred for Americans that abide by the law and live up to their individual responsibilities that now endure an ignorant government continuing to put peoples lives at stake. He turns around to sue because he doesn't want them protected.

    21. tommy,maryland says:

      i would think that for all the people that voted for the idiot obama right about now they should pat each other on the back,, be proud of what you and the obama grew have left for your children,grandchildren and obama`s children, the dept they will have to carry for many many years to come.. his children will look back on this and wonder what was wrong with his brain to do this to his country and know why he is so disliked

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