Posted originally on the CTH on December 2, 2023 | Sundance 

It is slightly unfair to say this is a Biden issue, because the minefield of verifying employment eligibility has been a weaponized DOJ process since Eric Holder entered the picture as Attorney General.   Both wings of the UniParty support the intentional conflict in employment law.  The civil rights division of the DOJ now uses a Lawfare concept called “disparate impact” to target any employer who would require employment eligibility verification as a contingency for a job.

Essentially, if you have a work eligibility screening process that disproportionally hits any protected category of person (ie. race, color, national origin, etc.), then the practice creates a “disparate impact” and is therefore unlawful.  Example: 100 people apply for a job; 50 of them are Latino. All of the applicants must provide work eligibility documents to process their I-9 form.  If more than half the denied applicants are Latino, the demand for the documents creates a disparate impact and is therefore illegal.

Covenant Logistics and Transport Management Services LLC, “routinely discriminated against non-U.S. citizens by requiring lawful permanent residents to show their Permanent Resident Cards (known as green cards) and by requiring other non-U.S. citizens to show documents related to their immigration status,” according to the DOJ filing.

(via AP) – […] That violates a provision of the Immigration and Nationality Act (INA) which says employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine and to related to the worker. (read more)

Not a lot of people understand the issue of “disparate impact” and the exact reason why the DOJ and Dept of Labor created the novel legal theory.  The DC system, Republicans and Democrats, support illegal aliens holding jobs in the USA – Democrats for ideological reasons, Republicans for their corporate owners.

This issue has existed for 15 years and is the primary reason why illegal aliens find it so easy to work in the USA.  Essentially, employers are in a no-win situation.  If you hire illegal aliens, you are breaking the law.  However, if you disqualify applicants based on their employment eligibility status -and a disparate impact issue exists- then, you are also breaking the law.

(AP) – Chattanooga-based Covenant Transport and an affiliate will pay the U.S. government $700,000 after investigators found the companies violated an anti-discrimination provision against workers who are not U.S. citizens.

The U.S. Department of Justice said in a release Monday that Covenant and its affiliate Transport Management Services LLC routinely discriminated against non-U.S. citizen workers when checking their permission to work in the United States.

That violates a provision of the Immigration and Nationality Act (INA) which says employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine and to relate to the worker.

Instead, federal investigators found that between January 2020 and at least August 2022 Covenant and Transport

..routinely discriminated against non-U.S. citizens by requiring lawful permanent residents to show their Permanent Resident Cards (known as green cards) and by requiring other non-U.S. citizens to show documents related to their immigration status.

Employers are required to let workers present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine and to relate to the worker.

Under the terms of the agreement, Covenant and Transport will pay $700,000 in civil penalties to the United States, train their employees on the INA’s anti-discrimination requirements, revise their employment policies and be subject to monitoring by the department.

Employers cannot discriminate against non-U.S. citizens by demanding specific or unnecessary documents from them to prove their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to ensuring compliance with our federal civil rights laws so that non-U.S. citizens with permission to work can contribute their talents to our workforce. (read more)

There are approximately 50 million illegal aliens working inside the USA.

Confronting this issue in the 2024 election will bring out all the aligned enemies, so it’s best for Trump to avoid it.