Posts Tagged ‘immigration law’

Labor and employment roundup

“Our immigration system is broken, but it’s up to Congress to fix it”

My Cato colleague Ilya Shapiro writes that whatever view one may take of the underlying issues of immigration policy, a Texas federal court was right to find that President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents executive action (DAPA) exceeded his statutory powers. More: Josh Blackman, Memeorandum.

Texas caterer nailed for “citizenship discrimination”

Missed this one from the fall: a Texas catering business will pay a fine to the U.S. government for having engaged in “citizenship discrimination.” “Culinaire International unlawfully discriminated against employees based on their citizenship status, the Justice Department claimed, because it required non-citizen employees to provide extra proof of their right to work in the United States. Culinaire has agreed to pay the United States $20,460 in civil penalties, receive training in anti-discrimination rules of the Immigration and Nationality Act, revise its work eligibility verification process, and create a $40,000 back pay fund for ‘potential economic victims.'” Employers face stringent penalties if they ask for too few documents, but that doesn’t mean they’re free to ask for any more than the right number. [Rachel Stoltzfoos, Daily Caller; Bill Watson (“Trying too hard to follow bad laws? That’s illegal”)] Several related cases, from fifteen years ago, here.

Cato online forum, “Reviving Economic Growth”

The panel is packed with big names and many of them offer suggestions with a law or regulation angle, including Philip K. Howard (“Radically Simplify Law”), Derek Khanna (rethink patent and copyright law; related, Ramesh Ponnuru), Morris Kleiner (reform occupational licensure; related, Steven Teles), Arnold Kling (“Sidestep the FCC and the FDA”), Robert Litan (admit more high-skill immigrants and reform employment of teachers; similarly on immigration, Alex Nowrasteh), Adam Thierer (emphasize “permissionless innovation”), and Peter Van Doren (relax zoning so to ease movement of workers to high-wage cities).

Food roundup

October 3 roundup

  • Posner smacks lawyers, vindicates objectors in Radio Shack coupon settlement [CCAF, Fisher, more]
  • “Germany To Consider Ban On Late-Night Work Emails” [Alexander Kaufman, Huffington Post]
  • 7th Circuit overturns Wisconsin John Doe ruling, sends back to state judges [Milwaukee Journal-Sentinel, ruling; more, Vox] John Doe case prosecutor John Chisholm, via columnist Dan Bice, strikes back against source in office who talked to Stuart Taylor, Jr. [Taylor, Althouse]
  • Trial lawyer/massive Democratic donor Steve Mostyn also dabbles in Texas Republican primaries [Robert T. Garrett, Dallas Morning News; Mostyn’s national spending from Florida and Arizona to New Hampshire and Minnesota]
  • Sad: immigration lawyer known for Iraqi Christian advocacy faces asylum fraud charges [Chicago Tribune]
  • Might have been entertaining had Bruce Braley opponent Joni Ernst in Iowa argued in favor of nullification, but that’s not what evidence shows [Ramesh Ponnuru]
  • California hobbles insurers with diverse-procurement regulations [Ian Adams, Insurance Journal]

“Wage Depression RICO Claims Getting Twiqbal’d”

Some lawyers have filed attempted mass suits (earlier here, here, etc. on Mohawk Industries case) claiming that by hiring undocumented workers employers have engaged in “racketeering” for which they should owe money under the RICO law to other workers, above and beyond whatever wages were agreed to at the time or prescribed by statute. It was always a strained theory, and now is said to be encountering tougher going because courts are being more particular about requiring that plaintiffs’ pleadings spell out plausible theories of proximate cause, injury and damages, under the Twombly/Iqbal standard by which the U.S. Supreme Court has toughened early scrutiny of lawsuits. If that’s so, chalk up one more Twiqbal victory for common sense and restraint in litigation. [Workplace Prof, from the Spring]

Great moments in immigration law

When a near-unanimous Congress came together in 2008 to pass something with the moralistic, self-congratulatory name of the “William Wilberforce Trafficking Victims Protection” Act, we should have braced ourselves for major, unintended, un-humanitarian consequences. And here they are. [Alex Nowrasteh, The Hill]

More: Now that the Wilberforce Act’s moral posturing has led to more actual trafficking, activist groups (see their open letter) are pressuring the White House not to fix the law [Charles Lane, Washington Post] “Congress likes to put fancy titles on its legislative handiwork, but they should probably just call everything the Law of Unintended Consequences, especially immigration bills.”

Police and corrections roundup