Opposing The Supplemental Rule On Social Security "No-Match" Letters
Whereas, the Social Security Administration has proposed issuing "No-Match" letters to employers throughout the country following a supplemental rule proposed by the Department of Homeland Security; and
Whereas, the issuance of these letters would compel employers to take corrective action including firing any workers whose name does not match his or her proffered Social Security number; and
Whereas, the Social Security Administration's records are replete with errors, inaccuracies, and flawed information; and
Whereas, there are approximately eight million workers who could be irreparably harmed by the dissemination of the No-Match letters; and
Whereas, the President of the AFL-CIO, John Sweeney, has indicated that more than 70% of the No-Match discrepancies refer to U.S. citizens; and
Whereas, current federal regulations state that an employer's receipt of a No-Match letter does not create constructive knowledge of an employee's unauthorized work status; and
Whereas, the implementation of the No-Match letters program would have a serious chilling effect on union or other concerted worker activity; and
Whereas, No-Match letters are already used illegally by employers to intimidate immigrant workers; and
Whereas, the Department of Homeland Security's proposed supplemental rule is being used as a measure to increase enforcement measures against the highly vulnerable immigrant worker community; and
Whereas, the Social Security Administration's database is not intended to be used as a tool for immigration enforcement; and
Whereas, Congressional failure to act to protect the workplace, civil, and human rights of immigrants through immigration reform legislation has left an opening for overreaching and abuse of authority by the Department of Homeland Security and other federal agencies; and
Whereas, millions of workers regardless of their immigration status would endure serious hardships if they lost their jobs; and
Whereas, the stability of San Francisco immigrant families would be severely disrupted by lost jobs and increased discrimination by employers against those who are foreign-born as a result of implementation of the new Department of Homeland Security rule; and
Whereas, the City and County of San Francisco would incur tremendous economic harm due to the unemployment of San Francisco workers as well as experience a sharp increase in residents' use of public benefits, services, and resources to compensate for their losses; and Whereas, on October 10, 2007, the Northern District Court of California issued a preliminary injunction barring the Social Security Administration and Department of Homeland Security from sending out
140,000 No-Match letters; and
Whereas, the City and County of San Francisco is the Sanctuary City, and
Whereas, on March 26, 2008, the US Department of Homeland Security issued a supplemental rule that purports to clarify its August 2007 final rule, but it fails to do so; therefore, be it,
Resolved, that the San Francisco Immigrant Rights Commission strongly urges the Mayor and Board of Supervisors to ask our San Francisco Congressional delegation including Speaker of the House, Nancy Pelosi, to oppose the new Department of Homeland Security supplemental rule; and, be it,
Resolved, that the San Francisco Immigrant Rights Commission urges the undertaking of a study by the Office of the Controller examining the effect of the Department of Homeland Security rule on workers in the City and County of San Francisco including the negative fiscal impact upon the local economy; and, be it,
Further Resolved, that the San Francisco Immigrant Rights Commission will urge the Mayor and the President of the Board of Supervisors to send a separate formal letter to Speaker Nancy Pelosi, Secretary Michael Chertoff of U.S. Department of Homeland Security, and Commissioner Michael Astrue of the Social Security Administration, with a copy of this resolution as an attachment.
