It is illegal to make a decision to hire or fire based on citizenship, except by government agencies: only Americans may work for the Federal government, except in certain limited circumstances. Similarly, most States keep government jobs for Americans. However only in certain limited circumstances may a private sector employer discriminate based on citizenship, usually related to Federal contracting requirements.
But certain corporate executives think they are above the law. That law is Title 8 United States Code, Section 11324b, Unfair Immigration Related Employment Practices. It is enforced by the Department of Justice’s (DOJ) Immigrant And Employee Rights Section (IER), part of the Civil Rights Division (CRD).
The IERS is charged with investigating and prosecuting instances of discrimination in employment and employment conditions based on citizenship. It is specifically charged by the statute to protect Americans from discrimination based on their American citizenship.
However, there are some arrogant corporate executives out there whothink they can hire and fire Americans at will in favor of aliens, in most cases those aliens who have stolen an American job and likely fraudulently obtained an H-1B Non-Immigrant Visa (NIV) for specialized skills based employment in the United States.
Generally, H-1Bs are used not for some specialized skill, but to drive wages down for American citizens. With the contrived panic over the China Flu, employers are routinely firing American employees, but retaining their H-1B employees, and doing so illegally, as terminating an employee because they are American is illegal, and not terminating an alien employee is because they are an alien is also illegal. But the Slave Power thinks they are above the law.
As usual, the Lying Press starts out with the standard"World Ends, Women, Minorities, Immigrants, And Children Hardest Hit."
The transition to working remotely is full of hiccups for just about anyone who doesn’t do it on a regular basis.
But for the state’s immigrant workers and their employers, it’s “total chaos,” said Minneapolis immigration attorney Sandra Feist.
Take a university professor who is in the United States on an H1-B visa and needs to teach classes online.
“Technically, that university should be filing an H1-B amendment, which is crazy,” Feist said. “It adds a huge amount of work, it’s pieces of paper that need to be assembled and mailed, and it requires people to leave their homes. It doesn’t make any sense. So that’s one example.”
[Coronavirus Fueling ‘Total Chaos’ And Tough Decisions For Minnesota’s Immigrant Workers, by Megan Burks, Minnesota Public Radio News, April 7, 2020]
Chris Smith, Scourge of American White Collar Workers
Minnesota Public Radio (MPR) does not care about the impact on American workers, they are disposable. However, immigrants are very important. And the Slave Power can do anything, including fire Americans, to protect immigrant workers.
Smith is co-founder and CEO of a company called Kipsu that lets travelers give feedback to their hotels via text. With travel at a near standstill, hotels are increasingly unable to pay Kipsu for its services.
“We’ve been heads down, focused on dealing with the fire in front of us” Smith said. “It’s been a lot of real-time decision making just to preserve our business.”
One of those decisions was to furlough workers. Once it became clear his staff would receive unemployment benefits while on furlough, Smith temporarily laid off two-thirds of his team.
Less clear, however, was what to do about an H1-B visa holder on staff. Traditionally, if that employee isn’t working for 60 days, they would have to leave the country. The injunction AILA is seeking would prevent that from happening.
Smith ultimately decided not to furlough the worker to protect their legal status. He said the decision did right by the employee and won’t put the time and money he’s invested in them to waste.
And Chris Smith does not care about Americans on his team, they are expendable, but he does care about the bottom line for his company, American workers be damned. In fact, Smith will go to great lengths to protect his cheap foreign labor, the law be damned.
But it’s a financially risky decision.
“We’re trying to figure out how to make sure that our cash flow lasts for as long as possible, and so any sort of employing we’re doing during the window of time when our customers can’t pay us takes away from our long term stability,” Smith said. “We’re willing to go to great lengths to keep our team, but this is especially challenging for us.”
Well, that decision to protect aliens instead of American citizens could be costly, as it is illegal. And Smith can be reported here by calling the DOJ CRD IER at 1-800-255-7688 or with this online form. Hopefully Based Bill Barr will light a fire under the IER and Chris Smith will feel the heat and bear the cost of illegal discrimination against Americans.
You can contact Smith and Kipsu here and at (612) 503-4000. Also ask him if his VP of Engineering, Othman Smihi, is one of the team members he protected. Maybe it is Dongmin Park, Ayoub Belemlih, or Chee Lee. Inquiring minds want to know. There are many heritage Americans who lost their jobs at Kipsu, they’re punished for being Americans. Why?
Eric S. Dreiband, Assistant Attorney General
Will he fight for Americans? Time will tell.