Trust the Government with a "No Work List"?


By now we're all familiar with the no-fly list. You get on it, somehow, or you just have a name similiar to to someone on it (lord help you if your name is something Islamic) and you can't fly anymore. You weren't put on it because you ever comitted a crime. You can't face your accuser, or even know who the accuser is, and once on it, you can't get off it and have no right of appeal to the court system.

The immigration bill does something similiar - it creates what amounts to a "no work list".

US citizens who apply for a job will need prior approval from Department of Homeland Security under the terms immigration bill passed by the Senate this week.

American Civil Liberties Union pointed out that the DHS's Employment Eligibility Verification System (EEVS) is error plagued and if the department makes a mistake in determining work eligibility, there will be virtually no way to challenge the error or recover lost wages due to the bill's prohibitions on judicial review.

Even current employees will need to obtain eligibility approval from the DHS Within 60 days of the Immigration Reform Act of 2006 becoming law.

It's deeply offensive to anyone who believes in due process that Congress and the President keep doing run-arounds around the court system - declaring that departments can punish citizens, confinscate their property or take away their rights without them ever having their day in court. This hasn't just been the case with tne no-fly list - the war on drugs saw police given the ability to seize property without convicting suspects of a crime, for example and Congress has tried to stop the courts from reviewing the legality of Guantanmo detainments by stripping courts of their habeas rights and of jurisciction, as well as declaring that courts can't determine legality, but only if administrative rules have been fairly applied.

This is very similiar and it should frighten any right-thinking American. Even if you believe in this sort of system, the idea that the Department of Homeland Security, a notably incompetent department, is in any shape to administer it is laughable.

There are a lot of reasons to dislike the immigration bill - the guest worker provisions; the touch back provision; the "must keep working" provision for those on track for citizenship, which puts them at the mercy of their employers - but the "no work list" provision should, by itself, be enough to make anyone with any sense want the bill to die.

Immigration "reform" boosters say that what is being gotten from the bill is worth the cost. I disagree - the status quo sucks, but a bad bill will be with the US for a long time. Wait till 2009, when you hopefully have a stronger majority and a Democrat in the White House and pass a bill that doesn't destroy civil rights, add guest workers or have provisions that undermine the path to citizenship that boosters claim is the best part of the bill.

And above all - don't pass yet another bill that has a provision in it that strips the courts of jurisdiction and allows people to be punished by the administrative fiat of a notoriously incompetent, corrupt and politically partisan Homeland Security department. Enough with the idea that Americans can have their rights - whether to fly, or to work, stripped from them without ever having their day in court and without their accuser ever having to face them in the cold hard light of day.

Congress should be ashamed of itself for even suggesting a "no work list", and no one should support this bill till it is removed from it.


Ian Welsh June 7, 2007 - 5:38am
( categories: Opinion | USA )

but do we have any faith that, given the performance of the last six months, our Democratic majority will get up on it's hind legs and put the chocks to this?

Call me a pessimist.

Doug Richardson June 7, 2007 - 6:27am

The devil is in the details. We hear soundbites promoting the better points of the bill without all the dirty laundry. At least, unlike the Patriot Act, congress will have time to read the bill and discuss it before it passes.

Both Democracts and Republicans are driving us toward an authoritarian, repressive, bloated government.

I did inhale.

Don June 7, 2007 - 6:59am

OBL's dream of destroying American democratic institutions, along with his plan to bankrupt America, is right on track. All he has to do is play to the pervasive greed and lust for power at the top.

tjfxh June 7, 2007 - 7:48am

the issue of immigration turned into let's build the perfect Orwellian police state.
I can't seem to remember having an immigration problem before NAFTA.
And it's not OBL's dream to destroy America, it's the globalists dream.

Lasthorseman June 7, 2007 - 2:36pm

AP, June 7

WASHINGTON -- A broad immigration bill to legalize millions of people unlawfully in the United States failed a crucial test vote in the Senate Thursday, a stunning setback that could spell its defeat for the year.

The vote was 45-50 against limiting debate on the bill, 15 short of the 60 that the bill's supporters needed to prevail. Most Republicans voted to block Democrats' efforts to bring the bill to a final vote.

The legislation, which had been endorsed by President Bush, would tighten borders, institute a new system to prevent employers from hiring undocumented workers and give as many as 12 million illegal immigrants a pathway to legal status.

Senate Majority Harry Reid, D-Nevada, who had made no secret of his distaste for parts of the bill, said he would withdraw it but keep working toward eventual passage.

"I, even though disappointed, look forward to passing this bill," Reid said. But he said he needs help from the White House.

"This is the president's bill," Reid said. "... We can't do it alone over here. We need some help."


"Vanity, Vanity, all is Vanity."

Raja June 7, 2007 - 10:26pm

New York Times, By Julia Preston, June 10

WASHINGTON, Mich., June 8 — The undoing of the immigration bill in the Senate this week had many players, but none more effective than angry voters like Monique Thibodeaux, who joined a nationwide campaign to derail it.

Mrs. Thibodeaux, an office manager at a towing company here in suburban Detroit, became politically active as she never had before. Guided by conservative Internet organizations, she made calls and sent e-mail messages to senators across the country and pushed her friends to do the same.

“These people came in the wrong way, so they don’t belong here, period,” Mrs. Thibodeaux, a Republican, said of some 12 million illegal immigrants who would have been granted a path to citizenship under the Senate bill.

“In my heart I knew it was wrong for our country,” she said of the measure.

Supporters of the legislation defended it as an imperfect but pragmatic solution to the difficult problem of illegal immigration. Public opinion polls, including a New York Times/CBS News Poll conducted last month, showed broad support among Americans for the bill’s major provisions.

But the legislation sparked a furious rebellion among many Republican and even some Democratic voters, who were linked by the Internet and encouraged by radio talk show hosts. Their outrage and activism surged to full force after Senator Jon Kyl, the Arizona Republican who was an author of the bill, suggested early this week that support for the measure seemed to be growing. The assault on lawmakers in Washington was relentless. In a crucial vote Thursday night, the bill’s supporters, including President Bush, fell short by 15 votes. While there is a possibility the legislation could be revived later this year, there was a glow of victory among opponents on Friday.

“Technologically enhanced grass-roots activism is what turned this around, people empowered by the Internet and talk radio,” said Colin A. Hanna, president of Let Freedom Ring, a conservative group.


"Vanity, Vanity, all is Vanity."

Raja June 10, 2007 - 8:50am

When children and babies are put on the no-fly list because of similarities of their names to suspected terrorists, this immigration list is doomed from the start. If your name is "Jaun Gonzalez" you might as well start looking for a job that pays under the table.

Silent Autumn June 8, 2007 - 1:12am

People who hire black market labor obviously aren't bothered to deal with tax forms, so why should we expect them to do the work for this no-work-list.

The US immigration policy is schizophrenic and really needs an overhaul, so immigration reform is a sensible thing in principle. On the other hand, as with every other metabolic product that D.C. seems to produce, there really don't seem to be any basic principles that are being observed here, but rather, this is another attempt to stick a thumb in the dike.

Basically, as long as it's easier for people to go the illegal route, than the legal route, that's what people are going to do.

NateTG June 8, 2007 - 12:21pm

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