Obama Administration Cracks Down On Nebraska Company For Requiring Proof Of Lawful Status From Non-U.S. Citizens

US-DeptOfJustice-Seal_svgThe Obama Administration has secured a settlement with Nebraska Beef Ltd., a Nebraska-based meat packing company, over discriminatory practices. However, the company’s improper actions involved a requirement for employees to show proof of legal status for employment. The company was targeted because it did not also require proof of legal status from U.S. citizens.

Nebraska Beef agreed to pay $200,000 in a civil penalty and will establish an uncapped back pay fund for people who lost wages because they could not prove they are in the country legally. It also agreed to be placed under compliance monitoring for two years.

Here is the statement of the Justice Department:

The department’s investigation found that the company required non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documentary proof of their immigration status to verify their employment eligibility. The INA’s anti-discrimination provision prohibits employers from making documentary demands based on citizenship or national origin when verifying an employee’s authorization to work.

“The department is committed to ensuring that individuals who are authorized to work in the United States can support their families and contribute to our country’s economic growth without facing unnecessary and discriminatory barriers to employment,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “We will vigorously enforce the law to remove such barriers where we find them, and ensure that affected individuals have a means of seeking relief.”

The Administration interprets the Immigration and Nationality Act (INA) as prohibiting employers from making documentary demands based on citizenship or national origin when verifying an employee’s authorization to work. That constitutes discrimination. However the company appears to have viewed the proof of legal status as necessarily relevant only to non-citizens since, if it knew an employee was a citizen, there was no need to demand documents. Yet, it is not clear how it “knew” the citizenship of employees. It is also unclear why the company did not ask all employees were told to simply bring in either proof of citizenship or legal status (or if it did, why that was not equal treatment).

What do you think?

42 thoughts on “Obama Administration Cracks Down On Nebraska Company For Requiring Proof Of Lawful Status From Non-U.S. Citizens”

  1. Karen

    I was not aware that one did not need proof of residency and have already been registered to vote. I have registered, receive updates, and when going to the polls am required to provide proof-id-drivers license-of residence that matches what is on the list at the polling place.

    The status of everyone living in the US should be registered federally as pertains to their citizenship, residency, visa, and/or other conditions. A person that cannot obtain a valid id should not be able to participate. Of course there will be infractions due to forgery etc. however, that happens at all levels and the only way to combat that is to vociferously complain.

    A liaison of every state’s motor vehicle branch with the federal government is possible, necessary, and there is no excuse not to do it. This could later be applied to gun ownership. Laws are a joke if they cannot be enforced. Some laws are so convoluted that we have a judicial system to deal with them. Others such as a person’s status should require no interpretation.

    I agree that the citizen must make an effort, however, there should be absolutely no impediment: polls closing early, lack of free transportation (during voting periods there could easily be free shuttles added to regular bus routes.) Voting should be a celebration.

  2. Our daughter took a position (a Boeing assignment) in France for two years. The hoops she had to jump through were eye opening. I looked at the reverse for a French national to come here with a job in hand.

    I was amazed at the difficulty of an American expat working in France…blood work, physical exam, banking laws, education on French culture and laws requirements. Oh yes, no medical benefits …you pay open market….maybe. No welfare or unemployment. VOTE?? You’ve got to be kidding.

    All that said, Boeing really takes care of its employees overseas..

  3. isaac:

    “Some of the arguments supporting reducing the proof of citizenship of voters has been the difficulty for some to obtain proper id.”

    Every state for which I’ve looked up voter ID laws provides the ID to low income voters. I of course support free ID to the poor.

    “I don’t understand how illegal immigrants can legally vote.”

    Here, in CA, a border state, you do not need ID to vote. I’ve never been asked for my ID when I voted. I could claim to be anyone I wanted and go steal their vote. In addition, when you get a drivers license, you can register to vote. Time after time, investigative reporters have polled illegal aliens who admitted they had voted. Many had no idea that was wrong. In addition, many illegal aliens that I have known use stolen SSNs, or borrow the SSNs of relatives, in order to work here.

    I do agree with keeping voting places open for longer, as well as increasing transportation, in order for anyone who wants to vote to do so. The right to vote, however, does not mean that it should require zero effort. Doing your civic duty does require at least a little work on your part. The ID may be free, but you still have to get one. You have to get to the polls or fill out a vote by mail. Pretty much all transactions take some effort, including getting SS benefits, going to school, mailing a letter, or any of the other services our nation provides.

  4. My point is, that we should be a free people. I live my life as a free man, and I accept the consequences, whenever the state decides to come down on me personally. It can and will happen, and I have been building a cache of character witnesses.

    Private businesses SHOULD be allowed to discriminate, in the sense of the word which gets you in trouble. The government should not be deciding nor legislating morals. If the true racist does not wish to hire their reviled race, they will find some legal excuse to pass that person up.

    Public service is where these laws should be in play. We are not free if we are not free to be racist, bigoted, he-man-woman-hating-no-homer’s club owners.

  5. Last I checked the Federal government required employers to have on file an I9 which requires proof of legal residence or citizenship of all employees, both citizens and non citizens.

    1. I made a nice comment for Bam bam. You on the other hand are less than intelligent. Obama failed an E-verify on his Connecticut social security number. Maybe he was born there too. Don’t kid yourself that people who look at the evidence and IGNORE what main stream media says you SHOULD believe are somehow less intelligent than you are. You need to wake up and stop quaffing the excreta that’s daily being offered up as NEWS.

  6. Karen

    Free or reasonably priced, the point is there should be no excuse not to have one. Some of the arguments supporting reducing the proof of citizenship of voters has been the difficulty for some to obtain proper id.

    I don’t understand how illegal immigrants can legally vote. I do understand how Jeb Bush sidelined 40,000 plus eligible voters by mistakenly labeling them as felons until after the election that got his brother elected President.

    An id may be faked, so may a drivers license. That is the risk you take. However, if someone is a citizen and therefore can vote, there should be absolutely nothing ‘local’ standing in their way. Voting stations should be open for 24 hours the day of the election. Transportation should be made available for free for anyone requesting. Taxpayer money used to facilitate voting is the best money ever spent.

  7. Forgotwho: So the U.S. could solve our problem as well as Angela’s by sending our 11 million illegals to Germany.

  8. Rumor has it that Angela Merkel wants 800,000 Syrian “migrants” this year and 500,000 per year in the future. Apparently, the German birthrate is below replacement level. Germany has a “labor shortage.”

  9. Isaac:

    I have long supported a universal card, that could be scanned to show driver’s license, citizenship status, etc. I do not think they should be free for everyone, however, because why make taxpayers pay for Kim Kardashian’s ID? Keep costs for all of us down by making them free for the poor, and reasonably priced for everyone else.

    Of course, these may be vulnerable to hacking and theft, as credit cards and ID currently are.

    I also agree that requiring everyone to show proof of legal status is appropriate.

    In fact, because of my latest Obamacare debacle, I just got a new job and had to provide 2 forms of ID to prove legal status.

  10. If the employees affected were, in fact, legal residents, then how did this practice negatively impact them? They would have all the documentation they need, or be able to get copies.

    Requiring legal status to citizens makes no sense to anyone. How did they determine if a prospective employee was a citizen or not?

    This is a prime example of Obama’s history of enabling illegal immigration, as well as the contradictory nature of immigration law. ICE is mandated to detain and deport illegal aliens, but San Francisco will not cooperate. Companies are fined for hiring illegal aliens, but it’s not enforced, and they are fined for requiring proof of legal status. What a mess.

    Unfortunately, enough people have immigrated here illegally that they now hold the Presidential election in their hands. Analysts now agree that you cannot take the White House without the Latino vote, and that Latino’s want amnesty. Any effort to enforce immigration law is viewed as a risk to holding office.

    It’s so sad. It’s no longer about right or wrong, but political power plays.

  11. Before this became the issue that it is, all you needed was a ss#. The issue now is complicated and the best way to solve the problem is to address each element. To stop or slow down the bodies coming across from Mexico, tighten up the border. To stop illegal immigrants from working demand proof of legitimacy. To avoid the bias, bigotry, and racism that still persists demand proof from everyone using the same system.

    This is perhaps the time to institute a universal id card. This card would assist in solving a lot of problems. The card would satisfy requirements for voting, job applications, and other moments when id is needed. It could be part of a drivers license or state id. The government should make this free and accommodate all those who might have trouble getting to a place if issuance. The card would be on record with the photo. If you lose your card it would be no different than a drivers license; you could get another one and not having the card would not change your status. If you are a citizen then that info would be on the card. If you are a legal resident then that info would be on the card. If you aren’t then the employer would not have any choice but to respond accordingly.

    Most countries require a person to have id or ‘papers’. This resistance in this country is nonsense.

  12. Clearly, all true US citizens should be fired and replaced with illegal aliens, er, undocumented immigrants, er, [**checks Most Recent Stylebook Memo)**] …that’s it …replace them all with DREAMERS and H1Bs!

    That way the One True Party obtains what it has always deserved, a worthy set of serfs, rather than the #WhitePrivilegers we have now.
    Dissolve the electorate and set up a New One!

  13. Or the article could be entitled:
    “Obama Administration Cracks Down On Nebraska Company For Descriminating Against Legal Immigrants in Requiring Proof Of Employement Eligibility”

    Less nativist and inflamatory i know…
    I work for that bastion of liberal ideals, the State of Texas, and at EVERY interview i conduct (and was done to me) I let every candidate know they will be required to show eligibility of emploeyemnent within 3 days of hire. I dont ask if they are citizens or not as they could just lie. I dont see what the big deal is here other than a company being told to follow the (incredibly easy) law.

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