WORKER
SUPPORT
PAWIS
UPDATE - January
2007
Home Care
Ice Raids
No Match, No Peace
FEDERAL POLICY UPDATE
"NO MATCH, NO PEACE"
..and government polices that target workers & immigrants
Most of you have probably heard coverage of the recent Immigration and Customs Enforcement raids, otherwise known as ICE raids. A large raid September in Los Angeles and involved roughly 1300 people, 600 of whom were deported that night. Here in Oakland, ICE officials have raided and detained workers in factories on 51st between International Boulevard and San Leandro. ICE has audited hotels in Emeryville demanding that the hotels fire workers that cannot produce documentation within 3 days. ICE is also harassing people at their homes in an unrelenting quest to criminalize Immigrant workers and their families.
It is clear that ICE and the Department of Homeland Security (DHS) are working to demonstrate how they are cracking down on "illegal immigrants" not only by raiding and arresting large numbers of them, but also by simpler, fear inducing acts like interrogating them and publicly linking them as threats to "national security." These attacks will not be slowing – a public perception of immigrants as criminals will grow, and the many forms of attacks coming from DHS will only add to the growing fear present in the lives of many immigrants and families.
Why is the increased enforcement a bad thing?
Many of us know firsthand, it is U.S. policies of globalization that create widespread poverty and joblessness in our home countries and force people to leave in search of work. Ironically, it is U.S. policies that than turn around and accuse Immigrants of being "criminals" for entering "illegally." The reality is: it is Immigrants that prop up the U.S. economy as an underpaid, exploited workforce; and that prop up the economies of home countries that we send money to.
In 2001, the federal government was considering legislation that would "legalize" the undocumented Immigrants in the U.S., the proposal was taken off the table after the 9/11 tragedies. In this post-9/11 era of heightened attacks on Immigrants and Working People of Color, the INS has been subsumed under the Department of Homeland Security. And the only Immigration policies the government is taking on classify Immigrants as temporary workers, move further away from reunifying families, and increase militarization at the border, at our workplaces, and in our neighborhoods. These attacks and the climate of fear and hostility they create affect all working People of Color, regardless of Immigration status!
No-Match Letters
DHS attempted to pass regulations that would have required employers to fire workers listed in a "no match letter" if they were not able to show documentation of a valid social security number within 90 days. Although it is not their original purpose, no-match letters are being used to enforce immigration law, resulting in thousands of workers losing their jobs. Also, in some cases employers use the no-match letters as a way to undermine the rights of workers to organize. For example, the Woodfin Suites in Emeryville, California threatened no-match firings after workers organized to demand that the hotel comply with the city's living wage law.
These proposed regulations have been ruled unconstitutional by a federal judge in San Francisco. As of October 10, the rules are barred nation-wide and are not in effect. This means that when a company receives a no-match letter, all they are required to do is give the letter to the worker and tell them to absolve the problem with social security. Businesses do not have to take any further action. There is no obligation on the part of the employer to fire anybody. Furthermore, the letters will say that the employer should NOT use the letter as proof that the people listed are undocumented. But we should remain vigilant, know our rights and be prepared to enforce them in the event that "no-match letters" are sent to our employer. And we must recognize no-match letters as one part of a larger strategy targetting immigrants and workers, making it difficult to maintain job security and live with dignity, respect, and justice.
What exactly are the "No-Match Letters"?
They are letters that are mailed to employers by the Social Security Administration (SSA) if they see that an employee's name and social security number do not match their records. The letters inform employers of the discrepancy and their responsibility to inform their employee. It is the employee that is responsible for dealing with the SSA.
The no-match letters will have an insert from Immigration Customs Enforcement (ICE), but ICE and SSA are separate agencies. The policy of sending no-match letters was not established for immigration enforcement purposes. It was established to notify workers that may not be receiving credit for their work towards benefits such as disability. ICE does not know who gets no-match letters and the employer and employee do not have any responsibility to contact ICE. And it is against the law for an employer to discriminate against or intimidate any employees because of their national origin.
What happens if my employer gets a No-Match Letter regarding me?
Employer should give you the letter and tell you to absolve the problem with social security (SSA). Again, the employer does not have to take any further action. All you must do is: Thank them for letting you know, and tell them you will take care of it yourself.
After you are given the letter, you are NOT required to do anything. The purpose of the letter is to inform you that you may not be receiving benefits you are owed because your social security number does not match their records. It is up to you whether or not you contact SSA to fix the discrepancy.
IF YOUR EMPLOYER WANTS TO GO FURTHER…
You should tell the employer they are not obligated to take any further action. You should ask not to be fired. But if they still insist on going further…
YOU ARE NOT ALONE. If you are a member of a union or labor group, you should contact them. Otherwise, you should contact a community group or get legal support. If you feel your rights have been violated, PAWIS can support you – contact PAWIS at 510.465.9876 x301.
Once you contact your union or labor group, they will go speak with the employer. If the employer still wants to take further action, the community will mobilize groups against the employer and make it clear that we will make it very difficult for them to take action against affected workers.
Remember – YOU ARE NOT ALONE. If your employer tries to take further action against you when they receive a no match letter, contact your union, a community group, or PAWIS! This barred rule continues to face strong opposition from the community, immigrant rights groups and labor groups, as well as employers!
If you have any questions about new federal policies relating to workers and immigrants; or want to know more about your rights, contact Filipinos for Affirmative Action at 510.465.9876. You can speak to anyone there about your questions. For PAWIS, dial x301.
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