Judge blocks crackdown on illegal labor
Labor and civil liberties groups sought the action
SAN FRANCISCO A federal judge on Wednesday granted a request by labor and civil liberties organizations to temporarily block the U.S. government from proceeding with a program to crack down on businesses that may be employing illegal immigrants.
U.S. District Judge Charles Breyer said the Social Security Administration and the Department of Homeland Security could not go ahead with their plan to send joint letters warning businesses they'll face penalties if they keep workers whose Social Security numbers don't match their names.
Breyer said the new rule would likely impose hardships on businesses and their workers. Employers would incur new costs to comply with the regulation that the government hasn't evaluated, and innocent workers unable to correct mistakes in their records in the given time would lose their jobs, the judge wrote.
"The plaintiffs have demonstrated they will be irreparably harmed if DHS is permitted to enforce the new rule," Breyer wrote.
The injunction blocks the implementation of the government's plan until the lawsuit is resolved or an appeals court overturns this judge's decision.
The so-called "no match" letters, including a Department of Homeland Security warning, were supposed to start going out in September but were held after labor groups and immigrant activists filed a federal lawsuit.
The government had about 140,000 letters ready to go, each containing the names of 10 or more employees with mismatches in their records. About 8 million employees would be affected, according to court documents.
The decision Wednesday was disappointing, said Homeland Security Secretary Michael Chertoff, but wasn't more than a "bump in the road" in the agency's drive to vigorously enforce laws aimed at keeping illegal immigrants out of the work force.
The government will evaluate the "modest legal obstacles" presented by the judge, addressing them in litigation or outside court as it examines its options and determines whether to appeal the decision, Chertoff said.
"I don't think there's anything in the judge's ruling that is insurmountable," Chertoff told The Associated Press in a phone interview. "The key is to move forward. We're committed to using every tool available to enforce our immigration laws."
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