Trump Administration Combats Discrimination Against American Workers
ICE investigation uncovers company that defrauded Americans out of jobs.
Immigration fraud has been identified as a key method of entry and embedding for international terrorists, and fugitives from justice and for transnational gang members. This was the underlying premise for my booklet, Immigration Fraud: Lies That Kill.
However immigration fraud may also be committed by companies who seek to create the illusion of complying with our nation’s immigration laws while, in reality, discriminating against American workers by hiring foreign workers for whom they apply for temporary work visas such as the H-2B visa.
It is important to remember that prior to World War II the primary authority for the enforcement and administration of our nation’s immigration laws was primarily vested in the Labor Department to protect American workers from unfair competition from foreign workers. This was of particular importance back then as America was attempting to dig out of the Great Depression.
Our immigration laws were enacted to protect national security, American lives and the livelihoods of Americans.
Nevertheless, wacky candidates for political office such as television actress Cynthia Nixon, who is seeking to unseat New York Governor’s Andrew Cuomo, has called for dismantling ICE (Immigration and Customs Enforcement) as reported in the June 22, 2018 New York Post article, Cynthia Nixon labels ICE a ‘terrorist organization’
On June 26, 2018 the Department of Justice issued a press release, Justice Department Settles Claims Against Landscaping Company for Discriminating Against U.S. Workers.
Here is how the DOJ press release begins:
The Justice Department today reached a settlement agreement with Triple H Services LLC, (Triple H), a landscaping company based in Newland, North Carolina, that conducts business in Virginia and four other states. The agreement resolves the Department’s investigation into whether Triple H discriminated against qualified and available U.S. workers based on their citizenship status by preferring to hire temporary workers with H-2B visas, in violation of the Immigration and Nationality Act (INA).
The Department’s investigation found that although Triple H went through the motions of advertising over 450 landscape laborer vacancies in five states, it did so in a manner that misled U.S. workers about the available positions and prevented or deterred some from applying. The Department found that Triple H did not consider several qualified U.S. workers who applied for positions in Virginia during the recruitment period, and instead hired H-2B visa workers. In several states where jobs were available, the Department found that Triple H prematurely closed the online job application process for U.S. worker applicants, filled positions with H-2B visa workers without first advertising the jobs to U.S. workers in the relevant locations, or advertised vacancies in a manner that did not make the postings visible to job seekers using state workforce agency online services.
The Department concluded that in taking these actions, Triple H effectively denied U.S. workers access to jobs based on its preference for hiring temporary H-2B visa workers to fill the positions. Refusing to consider or hire qualified and available U.S. workers based on their citizenship status violates the INA’s anti-discrimination provision, regardless of whether an employer has complied with other rules governing the use of temporary employment-based visa programs.
A common claim made by anti-American globalists is that the “immigrants do the work Americans won’t do” while blithely ignoring that Americans will do any job, for a reasonable wage under lawful conditions.
On a personal note, my dad was a tradesman/construction worker, a plumber who worked with his buddies in the construction trades on all sorts of job sites building houses and office buildings. He worked on the 1964 New York World’s Fair and on John F. Kennedy International Airport.
For my dad and his co-workers, the word “impossible” did not exist. For them that word simply represented a challenge because they did not believe that any job was too filthy, dangerous or back-breaking to do.
Today millions of hard-working Americans of every race, religion and ethnicity continue to trudge off to their jobs the are fundamental to our nation, happy to earn that all-important paycheck.
Unscrupulous employers, however, seek to slash their costs by hiring and exploiting foreign workers who are often less qualified than their American counterparts but are willing to work for substandard wages under substandard conditions.
While globalists frequently attempt to play the “compassion card” there is nothing compassionate about exploiting foreign workers or screwing American workers out of their jobs.
The Democratic Party that used to represent American blue collar workers have sold them out by advocating for the flooding of America with huge numbers of foreign workers. Often American and lawful immigrants pay for this betrayal with their jobs and their ability to support themselves and their families. All too often this results in these American and lawful immigrants becoming homeless.
Homelessness has soared to record levels, often engendering the separation of children from their parents. Ironically while the Democrats vociferously wailed about the administration prosecuting illegal aliens who are caught entering the United States covertly, without inspection and hence separating the children from their parents, these same politicians completely ignore the way that American kids have been taken from their homeless parents.
The investigation into the discriminatory hiring practices of Triple H Services addressed in the DOJ press release uncovered apparent fraud.
Undoubtedly there are many, many other companies operating throughout the United States who defraud various elements of the immigration system to displace American workers to drive down wages and, perhaps, force their workers to work under illegally dangerous conditions.
All that continues to protect them from discovery is the abject lack of ICE (Immigration and Customs Enforcement) agents.
As I noted in my previous article, neither of the bills proposed by House Speaker Ryan or House Judiciary Committee Chairman Bob Goodlatte include the funds to hire a single additional ICE agent, although the Goodlatte Bill would increase staffing at CBP (Customs and Border Protection) by 10,000 employees, with half going for the hiring of additional Border Patrol agents.
However, help is on the way.
On June 26, 2018 ICE posted a press release that simply reads, ICE is Hiring.
As we have seen with ramping up enforcement along the U.S./Mexican border, by the stated policy of “Zero Tolerance” for illegal entry of aliens, focusing all efforts on that dangerous and problematic border will not, ultimately succeed.
In November 2001, just weeks after the attacks of September 11 I testified at a hearing before the Congressional Immigration Reform Caucus chaired by Congressman Tom Tancredo to explore how the immigration system had failed to abysmally as to permit our nation to suffer the worst terror attack in the history of our nation.
In my prepared testimony I raised the issue of the need to think of the immigration enforcement program as resting on the three legs of what I described as the “Immigration Enforcement Tripod.” In my concept the Border Patrol enforces our immigration laws from between ports of entry, the Inspectors enforce the immigration laws at ports of entry and the special agents of the INS (today ICE) enforce our immigration laws from within the interior of the United States.
Traditionally, that third leg representing the enforcement of our immigration laws from within the interior of the United States has always been much shorter than the other legs. Consequently aliens came to expect that if they can, by whatever means possible, enter the United States, they will have little to fear if they violate our immigration laws, commit crimes or attempt to defraud the immigration system to acquire lawful status by committing immigration fraud.
Similarly, employers who hire illegal aliens or engage in fraud to discriminate against American workers also have virtually nothing to fear.
Of course, the abomination of Sanctuary Cities exacerbate this problem in apparent violation of Title 8 U.S. Code § 1324 which deems the aiding, abetting, inducing, harboring and shielding illegal aliens from detention to be felonies when done by individuals or organizations.
While a border wall would help to secure that dangerous U.S./Mexican border, without meaningful interior enforcement of our immigration laws, aliens will continue to find ways of entering the United States, spurred on by Sanctuary Cities and Sanctuary States and a lack of assets for the enforcement of our immigration laws from within the interior of the United States.
Once again the Trump administration is acting to close the loopholes and thus protect national security, public safety and the livelihoods of American and lawful immigrant workers.
Only fools could argue with those vital goals.