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97 Tech Companies Including Apple, Google, Microsoft Call Travel Ban Unlawful In Rare Coordinated Legal Action (washingtonpost.com)

An anonymous reader shares a WashingtonPost report: Silicon Valley is stepping up its confrontation with the Trump administration. On Sunday night, technology giants Apple, Facebook, Google, Microsoft, Netflix, Twitter, Uber and many others filed a legal brief opposing the administration's contentious entry ban. The move represents a rare coordinated action across a broad swath of the industry (Editor's note: the link could be paywalled; alternate source) -- 97 companies in total -- and demonstrates the depth of animosity toward the Trump ban. The amicus brief was filed with the U.S. Court of Appeals for the 9th Circuit, which is expected to rule within a few days on an appeal by the administration after a federal judge in Seattle issued late Friday a temporary restraining order putting the entry ban on hold. The brief comes at the end of a week of nationwide protests against the plan -- as well as a flurry of activity in Silicon Valley, a region that sees immigration as central to its identity as an innovation hub.From a TechCrunch report: Notably absent from the list of 97 companies are several who met with Trump prior to his inauguration: Amazon, Oracle, IBM, SpaceX and Tesla. Although Amazon CEO Jeff Bezos was highly critical of Trump prior to his election, he has not spoken out against the immigration policy. Oracle CEO Safra Catz is serving as an advisor to the Trump transition team, while SpaceX and Tesla CEO Elon Musk has defended his decision to remain on an advisory council for Trump.

30 of 626 comments (clear)

  1. Cheap by fluffernutter · · Score: 4, Insightful

    Why don't we just allow them to get exemptions for anyone they have that qualifies as a truly highly skilled employee that they can't get locally and be done with it? Personally I feel there wouldn't be that many and this is actually about cheap labor.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    1. Re:Cheap by squiggleslash · · Score: 5, Informative

      Pretty much all work visas have an "Unable to hire someone local to do the same job" test, though for some it's weaker than others.

      One of the frustrating things about criticism of the Trump EO is that so many people assume laxity about the current system but have literally no idea what's involved in existing immigration. To be blunt, unless you're traveling from a handful of countries that participate in what used to be called the Visa Waiver program (and for work visas, even if you do), you already have to jump over numerous hurdles, including various levels of background check, to gain access to the US. That was the case even long before 9/11, but it's even more strict now.

      (FWIW, I am someone who emigrated from one of the countries that participates in what used to be called the visa waiver program. It's a sign of how long ago it was that I still call it that. I've had work visas, and my employer had to prove that my skills couldn't be found within the US. Even what they proved wasn't enough to get me an actual green card. And as part of getting the green card - I was lucky enough to find love here - I was subjected to a background check that took so long the immigration officer at my hearing was actually frustrated about that.)

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:Cheap by cayenne8 · · Score: 4, Insightful
      I have a *really* hard time believing these companies have such a large part of their workforce that they depend on daily coming in and out of Syria, Iran, etc....

      I never knew those were the tech Mecca of the world....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    3. Re:Cheap by fluffernutter · · Score: 4, Informative

      You must be new here. It has long been known that tech companies are finding ways around these rules. There have been many documented cases of domestic workers losing their jobs and being replaced by these workers, I'm sure if that is the case then companies aren't going out of their way to find someone somewhere in the US to fill open positions. I'd be interested in knowing what skills you have that no American anywhere would have. I'm sure there are people out there but it has to be a rare circumstance and a rare specialty.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    4. Re:Cheap by elrous0 · · Score: 5, Insightful

      I have a *really* hard time believing these companies have such a large part of their workforce that they depend on daily coming in and out of Syria, Iran, etc....

      This particular pushback is just them testing the waters on how to stop Trump on immigration. Their REAL concern is what he might do next to their H1B fount of cheap labor if he wins this battle.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    5. Re:Cheap by squiggleslash · · Score: 4, Informative

      No, I'm not new here, I'm someone with actual experience of the system, rather than someone who's just heard news headlines and has taken some particularly egregious abuses of the system and extrapolated it to the entire thing. There's a reason the Disney IT outsourcing thing made headlines, and why Disney walked it back, and it's not because it was business as usual.

      Why was I hired and accepted? I had a combination of speciality and lack of people willing to work in the location the business concerned was located at. Essentially it was a US outpost of a UK office, and the US outpost had no developers who knew the current system - not just the developer knowledge, but the business knowledge.

      From the point of view of anyone looking from the outside concerned about US jobs, hiring me was a no-brainer. It meant that there could be a local development office, with many local, American, developers. Those Americans literally wouldn't have gotten jobs if I hadn't gotten a job there. We know this because they tried, and it didn't work. The next step would have been to fire two American developers left and just have the UK office develop everything.

      This worked for the non-immigrant work visa my company applied for, but even that wasn't enough to get a green card. Why? Because in theory I had a US shelf life - over time, the office would have had the skills it needed transferred, and so the six years or so I could legally stay (that's another story) would have been more than enough to get that job done.

      Should that change? As long as you make the story about hiring Americans first and only hiring non-Americans if they can be justified, you'll always end up with green card requirements being stricter than work visas. For those who argue - as many do here - that green cards should be the default instead of work visas, because the latter are too easy to abuse, you're making the wrong argument if you couple it with a "Hire Americans first" justification.

      --
      You are not alone. This is not normal. None of this is normal.
    6. Re:Cheap by elrous0 · · Score: 5, Insightful

      Maybe some people look at the bigger picture, instead of purely their own selfish interests at that moment in time?

      Oh yeah, because Microsoft, Apple, Facebook etc. are doing this because they *CARE*, not because Trump is about to take away their cheap slave-labor pool and make them hire American workers.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    7. Re:Cheap by fluffernutter · · Score: 5, Interesting

      lack of people willing to work in the location

      Ah yes that's the game they play. At one time they would have to pay someone specifically to move to that location but today they don't.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    8. Re:Cheap by jandersen · · Score: 4, Interesting

      You must be new here.

      A word to the wise: always check the user ID and compare it to your own before you use that particular opening. In this case: 241428 1411889, meaning that he/she has been here a while longer than you.

    9. Re:Cheap by AmiMoJo · · Score: 5, Insightful

      Strange, according to their report last year only 46% of hires were non-white and non-male: http://www.intel.co.uk/content...

      Shame you didn't manage to record being told flat out that you were the wrong colour, or you could be rich by now from the proceeds of your discrimination lawsuit.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    10. Re:Cheap by tbannist · · Score: 5, Funny

      And you have such a great, positive attitude, I can't imagine any company choosing not to work with you...

      --
      Fanatically anti-fanatical
  2. Meh. by msauve · · Score: 5, Insightful

    Companies don't do this because they have deeply held legal or ethical principles. They do it because one side of the case makes them more money than the other.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  3. Re:how about this by Kierthos · · Score: 4, Insightful

    Or, and I'm just throwing this out there....

    it's a terribly conceived, poorly written, and horribly implemented EO that doesn't actually make the U.S. safer, provides our enemies with the recruitment point they've been wanting for years, and conveniently leaves out countries in the Middle East where terrorists who have killed people on U.S. soil have come from. (They're also countries that Trump has business interests in, but I'm sure that's just an amazing coincidence.)

    --
    Mr. Hu is not a ninja.
  4. Re: Discraceful! by dougdonovan · · Score: 5, Insightful

    if you are legal to live in the US. stay here. if not. get a clue or get deported. this is not rocket science. there are some people that the US citizen is simply not comfortable with and this is why they voted for trump.

  5. Re:How can it be unlawful if it was made a law? by Tranzistors · · Score: 4, Informative

    Executive order is not a law, so it can be unlawful. Unconstitutional is a special type of unlawful, since the constitution is a law itself.

  6. Re:how about this by fluffernutter · · Score: 4, Insightful

    That's all true, but here we have an aggressive fight by 97 tech companies that don't seem to give a crap about people in their own back yard. You have to wonder what their real motivation is.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  7. Re:This backlash is done by children by squiggleslash · · Score: 4, Interesting

    The question now is, can the republicans survive him?

    The Republicans have been doing this since 2008. Some of people we consider moderates today actually originally rode to power harnessing the Tea Party movement that incubated the more extreme Trump agenda. Right now, they have complete control over two branches of government, and the only reason they don't control the third is that it's not elected.

    So given it's worked for them so far, I can't imagine it'll destroy them until the US itself is completely destroyed by this insanity.

    I suspect the next few elections will be more "Can we elect people who'll keep the Trump regime under control?" rather than "Can we make Elizabeth Warren President and get universal healthcare back?"

    --
    You are not alone. This is not normal. None of this is normal.
  8. Except it's not. by Anonymous Coward · · Score: 5, Informative

    List of countries comes from Section 217(a)(12) of the Immigration and Nationality Act (Signed by Obama)

    Section 212(f) of the INA, U.S. Code 1182 - Inadmissible aliens: "Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate."

    Congress already approved the, Trump just invoked it.

    Non-citizens of this country have no affirmative right to reenter this country. Is it in the constitution? Is it in the bill of rights? It's not. If you have a visa or green card, we don't have to let you come back. Heck, it even says it on your visa application page:

    Question: "After I have my visa, I will be able to enter the U.S., correct?
    Answer: "A visa does not guarantee entry into the United States. A visa allows a foreign citizen to travel to the U.S. port-of-entry, and the Department of Homeland Security U.S. Customs and Border Protection (CBP) immigration inspector authorizes or denies admission to the United States."

    So this lawsuit is FUD, it's a bunch of leftist companies whining, pissing, and moaning that they can't get their cheap labor or doing their SJW duties. The only saving grace for the leftist is SC is split between 4 leftist, 2 rightist, and 2 RINOs...

    *Please note before you start attacking me. I for open borders, but only after we: 1) Remove the federal welfare system completely, 2) make citizenship easier to obtain. I have no issue with Trumps temporary ban, considering all of the nations listed are failed states. Kind of hard to ask those governments who these people are when they're engulfed in civil wars (or there is no government).

  9. Re:how about this by Kierthos · · Score: 5, Insightful

    I'm going to go out on a limb here and say that most, if not all, of those 97 companies are global. When one country does {stupid thing}, other countries tend to react to that by doing their own {differently stupid but related thing}. That makes it very hard to continue doing business effectively.

    Now, are these companies uncaring about people in their own backyard? Well, technically, yes. But no more so than normal. They want to continue to make profits. If they could make lots of money by treating all employees like fluffy bunnies who just need a hug, they would. Especially if they would make less money by being uncaring.

    But most companies do not shit on their employees without a reason. And most companies want employee morale to be good, as it increase productivity. If employees are worried about being stranded in another country because the country they work in is passing poorly thought out travel laws, it tends to affect employee morale negatively.

    --
    Mr. Hu is not a ninja.
  10. Re: Discraceful! by elrous0 · · Score: 5, Insightful

    Companies spend millions on anti-Trump ads because he's threatening their H1B slave labor pool. They don't give a flying fuck about his stance on social issues.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  11. Re:Interesting by elrous0 · · Score: 4, Insightful

    It wasn't the Republican establishment that put Trump into power. They did everything they could to keep him from winning either the nomination or the Presidency. It was the people who voted for him, the people who are tired of getting fucked over by shitty trade and immigration policies and who no longer give a fuck who the political establishment (or CNN or Hollywood) wants them to vote for.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  12. Re: Discraceful! by squiggleslash · · Score: 5, Insightful

    Companies never directly spend millions on political ads to influence policy - through PACs, yeah, but directly, pretty much never. They do, however, spend millions on ads that they think will sell their products, and it happens that "Yeah, we think Trump sucks too. Drink Budweiser" sells products. You can probably figure out why for yourself.

    --
    You are not alone. This is not normal. None of this is normal.
  13. Re:They are provoking a response by K.+S.+Kyosuke · · Score: 4, Insightful

    My dice has a 16% chance of generating a six. It still happens from time to time. Your N=1 dataset is irrelevant.

    --
    Ezekiel 23:20
  14. Re: Discraceful! by tripleevenfall · · Score: 5, Insightful

    On both sides of the aisle, the social issues are for the activists and the idealogues. Politicians pay lip service to them and then take no action on them in office. (Well, until now)

    What gets the politicians moving is not social issues. It's money. Money from corporate donations from these big tech companies. (What side gets most of that money?) The manpower of the ground game in election races that keep them in power.

    Both parties pretend to care about social issues, but all they really care about is keeping themselves in office and their parties in power.

    A really nice article in National Review pointed this out last week - http://www.nationalreview.com/...

  15. Re:Swap positions by MightyMartian · · Score: 4, Insightful

    From what I can see, the problem in the most egregious cases isn't the rules, it's that the rules haven't been enforced. With Trump's general deregulation policy, I suppose there really is no alternative than to heavily limit H1Bs, because the border is the one place he seems keen to have lots of barriers.

    Of course, you already see places like Europe and China making a clear argument that maybe all the experts should go work for them. Trump's policies may have the effect of starving the US of pools of foreign talent that have made it a dominant economic power for decades.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  16. Re:Interesting by jeff4747 · · Score: 4, Insightful

    You misunderstand the goal.

    The goal is not a competent administration. The goal is to throw a Molotov cocktail at the status quo, because it has become obvious that no one in that status quo is listening.

  17. Re:how about this by meta-monkey · · Score: 4, Insightful

    1. Import people with a wide variety of incompatible cultures to your country.

    2. Actively discourage assimilation by promoting multiculturalism and denouncing any criticism of the incompatible culture as "racism."

    3. When violence inevitably occurs, demand expanded police and surveillance powers to maintain "stability."

    You lose your culture, are forced to live next to people who are at best indifferent to you and at worst want to kill you, lose your civil rights and get a police state, too. What's not to love?

    --
    We don't have a state-run media we have a media-run state.
  18. Re:Interesting by MightyMartian · · Score: 4, Interesting

    If that is the goal, then it is sheer stupidity. Having the US government spiral into chaos domestically as it leaves a trail of ruin through foreign allies may disrupt the status quo, but it won't produce some sort of fantastic result.

    As it is, it's pretty clear that this is going to be a stress test of the Constitution, because the courts, and likely a somewhat unwilling Congress, are now going to have to spend a lot of time minimizing the damage of the Trump administration. I wonder if the end result will in fact be a diminished Presidency.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  19. Re:Interesting by drinkypoo · · Score: 5, Insightful

    The goal is not a competent administration. The goal is to throw a Molotov cocktail at the status quo, because it has become obvious that no one in that status quo is listening.

    I'm sorry, but I don't think you're in touch with the bulk of Trump's power base, which both objects to the status quo and thinks that Trump is "a successful businessman" which they in turn think is "what America needs right now". They are not in touch with the facts that Trump is not a successful businessman — he is outperformed by the S&P 500, which should be a compelling argument even if you don't believe that he is a con artist. Or how about this one: he's been outperformed by Paris Hilton. I like that one even better.

    Trump is a con artist, but those of his supporters who are willing to believe that also believe that this is a good thing, because it makes him effective. It hasn't dawned on them that this means that they can be getting conned because they are suffering from Dunning-Krueger and operating way above their respective pay grades as a result — literally.

    Voting for Trump because of dissatisfaction with the status quo is, as has been stated previously in many circles, cutting off one's face to spite one's face, never mind the nose. Trump is the prime example of a rich white fat cat who abuses everyone around him; perhaps, in fact, the best example America has ever seen. Trump is America's most successful con artist. Odds are that there has never been a president who cared less for this country than Trump. Trump owns a visa mill of his very own; anyone who imagines that he's going to fix the problem is suffering a lack of everything but imagination.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  20. Re:how about this by ClickOnThis · · Score: 5, Insightful

    In a gentle way, Canada has done (1) and (2) pretty much since the 1950s. Certainly there has been some vigorous debate, but no widespread denunciation or violence.

    Canada has not "lost" its culture, at least not due to multiculturalism. On the contrary, it has evolved into a mosaic of cultures from all over the world, but with a common theme of mutual respect and understanding.

    Fearing the loss of your culture and imagining your neighbors want to kill you should be a wake-up call to reconsider what you think your culture really is.

    --
    If it weren't for deadlines, nothing would be late.