“Alienage discrimination” is exactly what is sounds like; the discrimination against people specifically based on them being in the country illegally. It’s little known, but it is fatally dangerous for America.
Right up front, the threat here is that if alienage discrimination gains the same legal civil rights protections as, say, racial discrimination, then we can shut down ICE and any deportations. Once someone slips into the United States they will have essentially the full legal protections of any legal resident. Which is approximating insanity.
But traveling the remaining distance into the nationally insane, there would be standing and precedent to ultimately require “undocumented residents” the actual right to vote. If you are looking for the signs of America’s ultimate downfall from within, this would be in flashing neon.
Not surprisingly perhaps, this affront to legal, rational reasoning and national sovereignty comes courtesy of President’s Obama’s pen when he created DACA after Congress would not do what he wanted. Also not surprising, it is finding some foothold with Obama-appointed judges who act solely as policymakers, not arbitrators of law. (If political leaders are seeking appropriate places to use impeachment, these judges are prime targets.)
This is not a one-off.
Twice now in the past few years, a federal court has ruled that illegal immigrants have legal standing to sue American employers that won’t hire them because they are here illegally. The companies require their workers to be U.S. citizens or legal residents such as green card holders. Not that long ago, this was seen as the responsible way to limit illegal immigration; by businesses not hiring them.
The latest blow to the rule of law was delivered by an Obama-appointed federal judge in South Florida, who handed an open-borders group a huge victory in a case accusing a giant U.S. company of alienage discrimination against an illegal immigrant by not hiring him because he was in the country illegally.
The lawsuit was filed by the Mexican American Legal Defense and Educational Fund (MALDEF), a radically leftist, anti-American group that launches lawsuits on behalf of illegal immigrants. MALDEF has an extensive political agenda, including pushing for free college tuition for illegal immigrants and lowering educational standards to accommodate new illegal immigrants. MALDEF officially labels American immigration enforcement as racist and xenophobic, going so far as to charge that it is racist for English to be the country’s official national language. And naturally, it violates civil rights to wall off the southern border.
Judicial Watch has been following these cases. It reports:
In the recent Florida case a Venezuelan immigrant, David Rodriguez, living in Miami is suing consumer goods corporation Procter & Gamble for refusing to give him a paid internship because he is not a legal resident or citizen of the United States. MALDEF filed the lawsuit last year in U.S. District Court for the Southern District of Florida. Procter & Gamble requires citizenship and immigration status information on its applications and warns that candidates “must be a U.S. citizen or national, refugee, asylee or lawful permanent resident.” Rodriquez is neither and he quickly played the discrimination card after getting nixed as a candidate. In a statement MALDEF’s president reminds that “work-authorized DACA holders are valuable contributors to our economy” and “should not have to face arbitrary and biased exclusions from employment, especially by large and sophisticated corporations like Procter & Gamble.”
In 2014, MALDEF filed a lawsuit against Northwestern Mutual insurance company in New York because the company required a Mexican illegal alien protected by DACA to have a green card. MALDEF claimed that requiring Ruben Juarez, a Mexican national, to provide proof of legal residency resulted in “alienage discrimination.” The judge ruled in favor of Juarez.
In the most recent case, Judge Kathleen Williams, a 2011 Obama appointee, cited that 2014 ruling in her ruling in favor of Venezuelan Rodriguez. In denying Procter & Gamble’s motion to dismiss Rodriguez’s lawsuit, Judge Williams ruled the Venezuelan immigrant’s claims are “strikingly similar” to Juarez’s.
What this means is that DACA is clearly not seen as a temporary measure to help the “kids” — although Rodriguez is 34 years old, meaning he was nearly an adult when he slipped illegally into the United States. It’s obviously being used to create a pathway for permanent, legally-protected status and citizenship-level rights for people who came here illegally. And it’s being accomplished without any elected official ever taking a vote or making a decision. It’s all through activist judges.
But this alienage discrimination method/precedent has vaster implications. First, it could — and will with legal successes — turn into class action lawsuits against every major U.S. corporation that has policies in place for only hiring people in America legally. That would likely include all Fortune 500 companies plus thousands of others who have high training costs for new employees. It’s unknown what the total financial costs of that would be, but unarguably deep into the billions of dollars that American companies following American laws might be required to transfer to people who are in America illegally.
Second and most serious, establishing the concept of alienage discrimination would cripple America’s efforts to maintain internal order among its citizens. A nation that cannot regulate or deport people who come to the country illegally, or overstay illegally, is a country that is quickly enroute losing its sovereignty.
If “undocumented residents” are given special civil rights discrimination protections currently afforded to certain minorities — which is what MALDEF is asking for and these rulings are beginning to confer — then they have a case for proportional representation in employment, university acceptance and so on; against alienage profiling by law enforcement; and ultimately a case for voting rights. If it is illegal to discriminate against blacks, for instance, in voting rights and illegal aliens are protected by the same civil rights, then voting must follow.
If that sounds absurd and extreme, please see the history of the past few years.
This is not how the United States continues as a functioning, sovereign nation. Many have long said that America will not fall from without, but from within. This would be a pathway in accomplishing that fall.
Rod Thomson is an author, TV talking head and former journalist, and is Founder of The Revolutionary Act. Rod is co-host of Right Talk America With Julio and Rod on the Salem Radio Network.
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