“Unintended” Consequences

Joe Doakes from Como Park emails:

Illegal alien injured on the job, confessed to using false documents to obtain employment, was put on unpaid leave until he could prove he was eligible to work in the United States, sued employer for retaliation, Minnesota Court of Appeals takes his side.

 Court says the purpose of federal law is to prevent employers from hiring illegal aliens.  But once you’ve illegally hired them, you can’t fire them when you find out about their illegal status – at least, not if you discover it during a worker’s comp case.  That would be retaliation against the employee for bringing a worker’s comp claim and retaliation is illegal under state law.  So in order to uphold state law, the employer is required to continue to violate federal law by continuing to employ the illegal alien.

 That’s idiotic. Putting the illegal alien on unpaid leave isn’t retaliation for the worker’s comp claim – the worker’s comp claim was merely the mechanism by which the employee’s illegal status was brought to light.  Stopping the illegal employment merely brings the employer into compliance with federal law where it would have been all along, but for the employee’s illegal use of a fraudulent social security number.  And even if putting him on unpaid leave were retaliation for bringing the claim that got his crime discovered, illegal aliens who aren’t supposed to be here shouldn’t be entitled to keep their illegally obtained employment.  Firing the employee for perpetrating a fraud and a crime is perfectly sensible as it deters others from committing the same fraud, the same crime.

 Of course, this is Democrat-dominated Minnesota where all the jurists are Democrat appointees.  The first sentence of the court’s opinion sets the tone:  “Appellant Anibal Sanchez immigrated to the United States in December of 1998.”

 Immigrated?  No, he didn’t.  “Immigrated” would entail a legal process of entry and regularization of status.  What he did was he sneaked in, he slipped across a porous border, swam the river, hid in a fruit truck, stole someone’s identity and committed fraud.  He’s a criminal and should not be allowed to profit from his crime. 

 The entire case would be moot if the Federal government was performing the core function for which we pay taxes: to defend our borders.  If, now that his status and location are known, the feds were to deport him, this entire case would go away, as it should.  The time and money spent taking the case to the Court of Appeals is yet another cost of President Obama’s willful disregard of his duty to uphold the law. 

 Joe Doakes

Laws are for little people.

More later.

3 thoughts on ““Unintended” Consequences

  1. The person who was actually assigned whatever SSN Sanchez was using should get the workman’s comp.

  2. Of course, if Immigration were, say, DOING THEIR JOB, he would have been deported and this court case would never have gotten started.

  3. You do know that people using SSN fraudulently have always been know about, but the SSA is forbidden by law from sharing that information with the INS? Some 9 million illegals are on this “do not match list” and should be prosecuted, along with their employers. Of course, that would be following the law and would make sense.

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