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View Diary: Sen. Mike Lee proposes "Don't Deport My Lawn Guy" amendment (44 comments)

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  •  It isn't to protect the lawn guy (17+ / 0-)

    It's so the owner of the lawn (or laundry or furnace or what have you) doesn't have to use E-verify to confirm if the person doing the mowing or washing or repairing is legal or not. It's a nice little workaround. It would still be illegal to hire someone that's undocumented, but you wouldn't have to do the same due diligence as a company, so it's easier to claim you didn't realize they were undocumented.

    “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

    by Catte Nappe on Thu May 09, 2013 at 10:57:08 AM PDT

    •  It appears that he wants to make it legal to (5+ / 0-)
      Recommended by:
      trumpeter, flatford39, Tracker, blw, mconvente

      hire someone who is undocumented, depending on the type of work they're doing. It's a way to enslave them, because they can't get any other kind of job. It's much sicker than you described. And, as others have said, these jerks are passing laws that benefit themselves. To hell with their constituents.

      •  If you work through all the convoluted legalese (2+ / 0-)
        Recommended by:
        misslegalbeagle, HappyinNM

        It's only exempting individuals hiring someone for household work from having to use the E-verify system.  They still have to make a "good faith" effort to ensure the worker is legal. But that can mean a cursory glance at a fake SS card.

        It does leave plenty of room for abuse, because it narrows undocumented workers to only those kinds of positions. And, of course, if the employer is shorting pay or some such, a person in that situation can't very readily raise a stink or go to the authorities because at some point in that process someobody is going to unearth that they are undocumented and then its all over for them.

        “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

        by Catte Nappe on Thu May 09, 2013 at 01:39:52 PM PDT

        [ Parent ]

        •  When I work through the legalize, (0+ / 0-)
          "Purpose: To exclude certain employment of domestic service from the prohibitions on unlawful employment of unauthorized aliens."
          I understand it to mean that domestic workers will have a special status. They will have documentation which only allows them to work in individual homes. Note: there will be a "prohibiton on (making) unlawful." I think it's right up there with guest workers. After Katrina, many workers involved in clean up came from Central America. They were assigned to work for a particular employer. If that employer became abusive (was harsh, didn't pay as promised), they were stuck, as they didn't have the legal right to work for someone else. So they went home. Does that make it clearer? Or am I not reading it right?
          •  You are reading that sentence right (1+ / 0-)
            Recommended by:
            HappyinNM

            What's missing from the reading is the multiple pages of the much longer bill which that little snippet is intended to amend. The thing taken in its entirety speaks to prohibitions of unlawful employement without going through the full verification process to determine work eligibility; and his amendment replaces language that was already in there that exempted casual laborers from e-verify to include this wider range of household workers of various kinds.

            Your Katrina example is a different story, with it's own bad stuff. I thought I had read this was the usual for many visa workers - even those in high tech positions. They are captive to the employer who brought them here and have no negotiating leverage, and can't quit or change jobs without losing their visas and work permission.

            “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

            by Catte Nappe on Thu May 09, 2013 at 02:57:49 PM PDT

            [ Parent ]

            •  Damn, it's worse than I thought. (1+ / 0-)
              Recommended by:
              Catte Nappe

              I'm not even sure how this works. If one of the sections of reform requires strong borders, it doesn't seem there would be "casual" workers. People can't come here to only work once in awhile. If they're calling it "casual" because people don't need their lawn cut daily, that's outrageous. Can you hear the little person inside of me screaming? Thanks for the explanation.

              •  Here's the original language (1+ / 0-)
                Recommended by:
                HappyinNM
                EMPLOYER- The term ‘employer’ means any person or entity, including an agency or department of a Federal, State, or local government, an agent, or a System service provider, that hires, employs, recruits, or refers for a fee an individual for employment in the United States that is not casual, sporadic, irregular, or intermittent (as defined by the Secretary).
                http://www.govtrack.us/...

                I'm guessing that was originally crafted to cover situations like going by the Home Depot and hiring a day laborer to come paint the fence, or arranging with some guy to come mow your lawn every two weeks. (Presumably each lines up other gigs with other "casual" employers)

                Here's how Lee's amendment proposes to change that:

                On page 415, beginning on line 12, strike ‘‘casual,
                sporadic, irregular, or intermittent (as defined by the Sec
                retary)’’ and insert ‘‘domestic service performed in or
                about the home of the hiring person or entity’’.
                The list of laundresses and footmen and so on is the definition of what he means by "domestic services).

                It's worth remembering, depending on how all the sundry amendments fare, that the original language may be what remains in the bill after the dust settles.

                And I have to assume it is expected there would be a drastic decline in "casual" or "intermittent" workers; because as you note, fewer are going to face hazards of increased border control to join that kind of job market.  Again, it is not intended to protect the worker, but to protect the "casual" employer who wants his fence painted from prosecution for failing to go through a whole I9 and E-verify process.

                “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

                by Catte Nappe on Thu May 09, 2013 at 04:33:24 PM PDT

                [ Parent ]

                •  "Casual" work under current law is one thing . . . (2+ / 0-)
                  Recommended by:
                  Catte Nappe, HappyinNM

                  When you're expanding it to nannies and butlers, you're talking about people who are in your employ every day, possibly living on your property if not in your house.
                  Regular guy picking up a few extra hands for a day outside the Home Depot, it's easy to see how e-verify would be a hassle, and easy to see why we'd exempt him from any penalties for employing undocumented workers. But when you're talking about your live-in maid, there's no good excuse for saying "undocumented is OK" except that it makes life easier for rich people.

                  "We are buried beneath the weight of information, which is being confused with knowledge; quantity is being confused with abundance and wealth with happiness. We are monkeys with money and guns." - Tom Waits

                  by Jaxpagan on Fri May 10, 2013 at 06:45:19 AM PDT

                  [ Parent ]

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