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Congress Debating "No-Work" Database

grag writes "Cnet is reporting that the US Congress, in their quest for immigration reform, seeks to force employers to utilize a database to determine a person's eligibility for employment. The Department of Homeland Security would operate the database and would be given access to IRS records for this purpose. The article mentions similarities between this proposal and the no-fly list — and the expectation of similar difficulties the proposed database could pose to valid people seeking employment."

17 of 438 comments (clear)

  1. Across the border... by danbert8 · · Score: 5, Insightful

    This won't affect illegal immigrants working. Employers know they aren't elligible to work, they choose to employ them not just because they are cheaper labor, but because they do better work than the unionized workers here in the states.

    --
    Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    1. Re:Across the border... by b0s0z0ku · · Score: 5, Insightful
      This won't affect illegal immigrants working. Employers know they aren't elligible to work, they choose to employ them not just because they are cheaper labor, but because they do better work than the unionized workers here in the states.

      Mod parent up. Does anyone with half a clue think that the workers hanging around a street corner at 6am looking for construction bosses to pick them up are LEGAL? Who's kidding whom here?! They're not checking documents now, and that's a legal requirement already. They think that the existence of a database will somehow make people care any more?

      -b.

    2. Re:Across the border... by magarity · · Score: 4, Insightful

      This won't affect illegal immigrants working
       
      Exactly; this is like gun control laws. People determined to disobey this law will do so just as they ignore current employment laws.
       
        they choose to employ them not just because they are cheaper labor
       
      And everyone always gets wrong WHY they're cheaper: payroll taxes. The face value of illegal labor is only a little lower than the legal labor but behind the scenes not having to pay the additional taxes an employer has to pick up makes the difference HUGE. Yet another reason to go to the Fair Tax. Tax reform would go a LONG way toward taking care of the illegal worker problem all by itself without this half baked database idea.
       
        because they do better work than the unionized workers here in the states
       
      Oh no, not at all true all the time. The illegal workers the my HOA's maintenance contractor picks up at the day labor pool do extremely shoddy work. It all comes down to being ultra cheap which is how he undercuts all the other bids by at least half. Now if only the board would listen to the complaints more and look at the numbers less but that's another rant...

    3. Re:Across the border... by Kadin2048 · · Score: 4, Insightful

      The other problem is Americans. No matter how bad off people are, they will not go out in the mid-day sun and pick cotton or build houses for the pennies illegal people will do it for.

      I think it's that last part that really needs to be emphasized. There are a lot of people running around -- usually politicians, but I've seen some newspaper editorials where it was said -- claiming that illegals do work that "Americans won't do." This is false.

      Anyone who doesn't believe it's false, can just turn on the Discovery Channel the next time they're running that "Dirty Jobs" program. There are people who do pretty unbelievable stuff for a living; shoveling garbage, standing waist-deep in feces, working ridiculous hours in uncomfortable conditions, dodging machinery that could crush or tear you in half if you're not quick. But they don't do it for cheap. There's a reason why sanitation workers in NYC get paid more than cops -- otherwise, there wouldn't be any sanitation workers.

      There isn't anything that somebody in this country won't do, for the right compensation. All illegal workers do is allow big companies to get away with paying workers less than they ought to get, for dangerous/uncomfortable/unsafe/unsavory jobs. Ultimately, this hurts all legitimate workers, across the board: low-skilled workers are impacted the most, because it directly depresses their wages, but higher-skilled workers are hurt, too, because of the increased labor pool being pushed up from below, and also the increased tax burden (which is shouldered mostly by high-skilled, high-income workers) of supporting a surplus of low-skilled workers and their attendant medical/educational/social costs.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  2. Well that's neat.... by LordPhantom · · Score: 5, Insightful

    You know, this may be being implemented with the best of intentions (stopping illegal workers, etc), but do we really want to give the government an easy way to "flip a switch" (or bit) and make it impossible for any one person to earn a living?

    This isn't just a "don't fly" list, and I suspect that in its initial incarnation it wouldn't have the same .... due process that the local police arresting someone would.

    If not this government what about the one that is elected five years from now? Nine? What about the (admittedly hypothetical) government that is elected in 2020 that wants to prevent convicted felons from holding certain classes of jobs (more so than stigma already does?) Political dissidents?

  3. A good thing! by Anonymous Coward · · Score: 4, Insightful

    OK, so I can go to jail for hiring someone that isn't a citizen, but right now I have no way to find-out if they are a citizen. The only thing I have is a copy John Smith's SS card that may or may not be real along with his W-4 that I have no way of verifying. I'm in NC and any illegal can get a drivers license here so every illegal I hire has a photo ID with a name that matches their usually bogus paperwork. I've probably found five dozen guys that couldn't spell the name on their NC driver's license. If they happen to reuse the same SSN as an existing employee then I'll know an existing employee is illegal so I can fire them and not hire the new guy, but that doesn't happen often. Again, I have no legal way to tell the difference. So if the Federal government finally gives me an additional tool then that helps protect myself and my wife when the feds eventually return to arrest me again for hiring illegals. Even if the tool doesn't help in reality, it at least gives me an additional defense to use in court. "But I did everything I possibly could to verify their status before hiring them. I even checked against the no-work database."

    It just sucks being held criminally liable to verify something that I can't verify. I want to do the right thing.

    PS: Before some racist person claims I shouldn't hire Mexicans, I'm not. I'm hiring mostly white or SE Asian guys that speak good English for retail jobs. Most of them are from eastern Europe or India. I live about equidistant from UNC, NC State, and Duke so there are a lot of foreigners here legally.

    1. Re:A good thing! by Shakrai · · Score: 4, Insightful

      The only thing I have is a copy John Smith's SS card that may or may not be real along with his W-4 that I have no way of verifying

      It just sucks being held criminally liable to verify something that I can't verify

      You know that you CAN verify if an SSN is ligit and if it belongs to that person right? You also know that you are supposed to have a new employee fill out a I-9 form, which includes instructions on verifying employment eligibility, right? Look at it and hit page 3. Assuming all you have is an SSN card and a drivers license (typical for new hires) then you can verify that the SSN is ligit through the SSA. If your new hire thinks ahead (I did) they will bring their passport and save you the trouble.

      Either way, it's pretty easy to verify that somebodies SSN isn't fake and that they can legally work. The tools are there for those that want to use them. The problem is that the people hiring illegals don't care.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  4. Re:Land of the Free, Indeed by b0s0z0ku · · Score: 4, Insightful
    And if you are caught then it's your family who is punished....either way someone is screwed.

    This didn't stop the Catholic part of my family from hiding Jews from the Nazis during WW II. And the stakes for that were much higher -- probably shot to death or sent to a camp along with your family if you got caught.

    Stupid laws should be broken. Just try hard not to get caught.

    -b.

  5. Love of freedom? by QuickFox · · Score: 5, Insightful
    FTA:

    "This bill brings us closer to an immigration system that enforces our laws and upholds the great American tradition of welcoming those who share our values and our love of freedom," President Bush said in his radio address on Saturday. (My emphasis.)

    Somehow I feel that "love of freedom" isn't quite the right term here.
    --
    Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
  6. Re:Land of the Free, Indeed by jimicus · · Score: 4, Insightful

    Sounds like it.

    The amount of abuse this database would be open to... urgh. Off the top of my head:

    1. Government departments hire a lot of people who have write access to these databases.
    2. It is SOP that a record added to the database is not automatically brought to the attention of someone else to check.
    3. It is also common for the procedures to get off the database are substantially more complicated than the procedures to get on it.
    4. The people mentioned in 1. above are humans. They're corruptible, they have emotions.
    5. So, all I need to do to really screw you over is bribe such a person to add your name to the "do not work" list. It may not affect you now, but in 6 months/a year/5 years time...

    At least when you're issued papers, they generally suffice and it's pretty hard for someone to take them off you.

    I'm sure others can come up with more imaginative abuses of the system.

  7. Re:Life Liberty by paeanblack · · Score: 5, Insightful

    My ancestors came here via Ellis Island, legally.

    I'm sure all Native Americans would agree that European settlement in the US was always done by the book, right?

    I cannot condemn a person for breaking a law that I, in their position, would break myself. This country was founded by those who believed that unjust law was no law at all. "It's the law" is a empty position if you cannot justify the law itself.

  8. Re:And They'll Start With... by Opportunist · · Score: 4, Insightful

    If only they didn't, man, if only they didn't.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  9. Re:Life Liberty by Shakrai · · Score: 4, Insightful

    I'm sure all Native Americans would agree that European settlement in the US was always done by the book, right?

    By the book of the day it was. But that's kinda not part of this debate is it?

    I cannot condemn a person for breaking a law that I, in their position, would break myself.

    I may not condemn them but I don't condone them either.

    "It's the law" is a empty position if you cannot justify the law itself.

    I think of all sorts of reasons to justify why illegal immigration is bad. It strains our social infrastructure, our health care infrastructure and our law enforcement agencies. It creates an entire class of people that depend on the services of the nation but don't contribute toward those services (taxes). It creates an entire class of people that can be exploited by businesses and criminals alike with no protection from either.

    It's also blatantly unfair to those who decided to come here legally. A Canadian friend of mine has been waiting to come here for months. She has going through a paperwork nightmare from hell to get her green card. This is in spite of the fact that she has a masters degree and speaks three languages. We make her wait even though she is well educated, has family and a job waiting for her but we are willing to give amnesty to those that break our laws? What kind of message does that send?

    This is the one issue that you would find agreement on across most sections of the political spectrum. Ask the common man on the street if this is a problem that needs to stop and he will say yes. It doesn't matter if he is a Republican or a Democrat. Unfortunately our political leaders have failed us miserably on this issue. The Republicans are owned by big business that likes cheap labor and the Democrats are owned by the PC crowd that feels bad for them and is afraid of being labeled racists. Both parties want the Hispanic vote.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  10. What database hasn't been misused? by btarval · · Score: 4, Insightful
    "And in the wrong hands, the database could be used to enforce a blacklist of people not allowed to work for various reasons."

    s/could be/would be/

    Has there ever been a case of a government database which hasn't been misused? If this law passes, it's only a question of how many are going to get burned, not whether it's going to happen.

    --
    The best way to predict the future is to create it. - Peter Drucker.
  11. That's already happening with the no-fly list by soren100 · · Score: 5, Insightful

    Say something indiscreet in public? Mysteriously you'd lose your job and no matter how hard you tried you just couldn't get past an interview for even the most unskilled job.

    That's already happening with the no-fly list. A Princeton professor who gave a televised speech criticizing Bush's constitutional overreach found himself on the no-fly list afterwards. A guy who wrote a book called "Bush's Brain" about Karl Rove found himself on the no-fly list afterwards. 20 Wisconsin peace activists suddenly found themselves on the no-fly list .

    The no-fly list is even being used to harass opposition political party members. Senator Ted Kennedy suddenly found himself on the no-fly list and had a lot of trouble getting himself off the list. The head of the TSA had to call him personally and promise to take him off the list before his troubles ended. In the same article, it talks about employees of the ACLU also ending up on the list.

    Giving the government more secret and anonymous "lists" to deny people rights is not an invitation to abuse, it's a guarantee of it. The fact that systems like this from previous fascist governments are being implemented in modern-day America is one reason that people are arguing that America is on a well-planned transition to fascism.

  12. duplicate employment by PAjamian · · Score: 4, Insightful

    "As currently structured, Basic Pilot does not detect duplicate active records in its database," John Shandley, the company's senior vice president of human resources, told politicians. "The same Social Security number could be in use at another employer, and potentially multiple employers, across the country."

    In a recent statement about the bill, the White House maintained that the proposal will allow for "unprecedented" information sharing among federal and state agencies, and that Homeland Security will be able to receive "information on multiple uses of the same Social Security number by more than one individual."

    I see a huge potential problem with this. In order to detect duplicate employment employers will have to report that an employee is working with them and also report when an employee quits or is fired. Imagine moving across the country to a new job only to find that they can't employ you because your previous employer forgot (either genuinely or maliciously) to report that you had stopped working for them, so the system sees you working on the other side of the country and determines that you must be using fraudulent credentials.

    Also, what about those people who simply need to maintain two jobs?

    --
    Windows is a bonfire, Linux is the sun. Linux only looks smaller if you lack perspective.
  13. Re:The last box to vote with ... by bigtangringo · · Score: 4, Insightful
    Is that so? Quoth the wiki, from a cited source:

    About 59.1 million adults in the United States personally own a gun. Roughly 93 million adults, or 49% of the adult U.S. population, live in households with guns.[8] There is no national gun register in the USA, so it is impossible to know exactly how many guns are in circulation or who has them, but the FBI estimates there are more than 200 million guns in civilian hands. As for the US military:

    Active personnel: 1,426,713 (Ranked 2nd)
    Reserve personnel: 858,500 (List of countries by size of armed forces) Sounds like the civvies has a veritable shitload more guns, and likely ammo. That's what protects us from the oppressive gub'mint.

    Now, as far as more powerful firepower... an overwhelming guerrilla-style force, such as the "militia" of the United States will not go quitely into the night. Instead, it would trounce the US military if needed be. A fact that's vital to living in a free country; and if you ask me we're getting closer and closer to that dreaded day when the people must rise up once again.
    --
    Yes, I am a smart ass; it's better than the alternative.