Wednesday, December 14, 2016

Over Optimistic On Andy Puzder

There is a minor stir on the right over Andy Puzder, nominee for the Secretary of Labor, a sort of To Catch A Thief meme, it takes someone with extensive experience in hiring illegal aliens to help drain the swamp of illegal aliens.  Both VDare and The Last Refuge have take up the theory. Much too convoluted for me; heavy on the theory of how and why illegal aliens get hired and not on the practice of illegal alien hiring and the illegal alien business model.

First, The Last Refuge and their strange theory:  Affirmative Action made me do it!

THE ISSUE –  Most people think of illegal alien workers as farm workers, or workers employed by small service businesses. While there is some validity to the precept, the vast majority of illegal aliens actually find it easier to gain employment in large organizational businesses. When you understand labor law, you understand why this is the case.
Every entity that hires people is potentially at risk for audit, inspection, or charge from an entity called the EEOC (Equal Employment Opportunity Commission) within their regional jurisdiction.
The EEOC responds to hiring practice complaints from a perspective of ensuring equal employment opportunity. As we’ll show, the rules of the EEOC are in direct contradiction with the Department of Homeland Security [formerly Immigration and Naturalization Service (INS)] immigration laws.
Large corporations have legal, compliance and HR departments to assist and train the hiring by managers within the organizational structure. These departments exist first and foremost to protect the organization or corporation from risks presented by the EEOC.
When you understand the emphasis of the risk avoidance you begin to understand how illegal aliens in the workforce are as common an occurrence as legally employed U.S. workers.
[Why Donald Trump, and American Workers, Need Andrew Puzder as Secretary of Labor, by Sundance, The Last Refuge, December 8, 2016]

And VDare looks sympathetically at sending a thief to catch a thief:

So maybe immigration patriots’ worries about Puzder will prove to be justified, but maybe they won’t.  And in the happy, latter alternative, it needn’t be because Puzder experienced a conversion on the road to Damascus (which, admittedly, would be very nice!).  Instead, it could simply be changed incentives with a change of jobs.
Altogether, if Puzder presents us with a “Nixon goes to China” performance, it will be analogous to Trump himself following up on his overarching promise to “drain the swamp.”  As Mark Steyn explained on July 10, 2015  (“Last Stand of the Old White Males“), Trump has ideal life-experience for the task:
[Andy Puzder: A Secretary Of Labor Nominee Who Knows Where The Anti-Enforcement IEDs Are Buried?, by Paul Nachman, VDare, December 14, 2016]

Well, isn't that a convoluted theory?  Large corporations, among others, are required by the EEOC to hire illegal aliens because of quotas.  Certainly the first time I've heard that theory.  And it just doesn' wash.  Having been in immigration law enforcement both with the legacy Immigration and Naturalization Service (INS) and with the Department of Homeland Security (DHS) under 4 Presidents, I can say with absolute authority, that just is not true.  I have never heard from any employer give the excuse I had to stop hiring Americans; white, black, Hispanic, Asian, or American Indian because I got the phone call from an EEOC investigator or lawyer saying I was now under the Eye of Sauron because I didn't hire enough Hispanic illegal aliens.  This would have been the most effective defense of any criminal prosecution or administrative fine.  

As a case in point, had the owners of the Swift meat packing plants used that defense, the EEOC demanded I hire Hispanic illegal aliens rather than any other worker, Swift would have walked scott free.  But, of course, that did not happen.  And there is a good reason.  

The Slave Power has a much more mundane reason that it uses illegal aliens; a cheap and compliant workforce, and, more importantly, they are allowed to.

As case in point, consider my ongoing series on Chipotle.  Chipotle has a business plan, sell low quality, dangerous, high calorie food to low-end office drones using cheap, compliant illegal alien labor working a literal assembly line of food.  That is how Chipotle makes money.  No secret to it. No pressure from the EEOC to hire illegal alien Hispanics in low pay dead end jobs.  The EEOC does not investigate or prosecute companies that hire predominately minorities and especially does not get involved in low pay occupations.  The EEOC might sue Chipotle for not hiring Hispanics as managers or as executives, but it does not care about any position where the pay is at or about the minimum wage.  It might investigate and prosecute unionized construction companies for not hiring women or Blacks, but only in the higher pay heavily unionized positions.  It does not investigate any employer or position where there is a high turnover.  It just doesn't happen.  And above all, it brings no pressure to hire illegal aliens.

The Chipotle Assembly Line

Hiring illegal aliens is all about the bottom line.  Chipotle was not forced by the EEOC to hire illegal aliens, it was their business plan.  It is the business plan of many industries, the restaurant and hospitality industries specifically.  That business plan is why hotel maids are mostly illegal.  They don't strike, don't complain about wages, not getting paid overtime, or working conditions, and are thankful they have a better job than back home.

Of course this business plan will not work if the Federal government, specifically DHS, does not fulfil its mission, that of preventing the entry of illegal aliens and arresting those who do manage to enter the United States.  While the Department of Labor (DOL) does do wage and hour law violation investigations, DOL does generally not cooperate with DHS and, in fact, illegally takes action to win wage settlements on behalf of illegal aliens, despite the fact that those illegal wages are contraband and cannot be legally paid to an illegal alien.  Furthermore, the Wage and Hour Division (WHD) of the DOL is very small and consequentally unlikely to have any impact on the illegal alien population, which is why the Treason Bar wants the DOL to take over from DHS the enforcement of immigration law in the workplace.  The DOL is even less effective that ICE SVU at work-site enforcement!  

The Chipotle case is also instructive here, despite hiring tens of thousands of illegal aliens, there have been no raids of Chipotle restaurants, only a paperwork investigation with no arrests of illegal aliens:

U.S. Immigration and Customs Enforcement agents visited approximately 30 Chipotle Mexican Grill restaurants on Tuesday in an ongoing criminal investigation into the hiring practices of the Denver-based firm, according to Robert Luskin, the Washington-based lawyer representing the company.
Luskin said the restaurants were located around the United States with no primary geographical focus. Restaurants were visited in Georgia, California, the District of Columbia, Minnesota, among other locations, he said.
“They spoke to employees and managers and in some cases served subpoenas,” said Luskin, a lawyer for the Patton Boggs law firm...
Luskin said Chipotle was informed Monday by the government that agents would be visiting the restaurants on Tuesday.
They assured us Monday they would do their best not to disrupt” restaurant operations, Luskin added. “It was not in any sense a blitz. It was an effort to collect information which we are willing to provide.”
[ICE Visits 30 Chipotle Restaurants In Ongoing Criminal Investigation, by Howard Pankratz, Denver Post, May 4, 2011]

Instead of raiding, ICE SVU "visited" locations where illegal aliens were employed and "spoke to employees" and did their "best not to disrupt" ongoing employment of illegal aliens.

That is how businesses large and small get away with hiring illegal aliens, not because of the EEOC, but because of the Obama Regime Administrative Amnesty!

I don't know if Andy Puzder has had a Road to Damascus moment, I don't think so, but will give him any benefit of the doubt, but while he knows the business plan based on hiring illegal aliens, and he undoubtedly had many a conversation about illegal aliens with his fellow plutocrats in the hospitality and restaurant business, at DOL he won't have much power to effect the situation as the business of rounding up illegal aliens is that of the DHS.  And WHD investigators don't have arrest authority and don't carry firearms.  Other than reviewing labor certifications for H-1B and H-2B visa applicants, DOL has no nexus with the illegal alien issue! 

While I appreciate the enthusiasm and innovative thinking by sundance and Paul Nachman, but this dog don't hunt.  Occam's Razor tells us the simplest explanation is the most likely, simple perfidy (the Obama Regime Administrative Amnesty) and greed (a business plan based on cheap labor) explain illegal immigration, not some complicated conspiracy by the EEOC of all government entities. 

The real issue will be with the President, Secretary Kelly, and hopefully Deputy Secretary Kobach. Personnel is policy, and the important actors here are those three, and their selections for Border Patrol Chief, Commissioner of Customs and Border Protection, Director of ICE, and Director of U.S. Citizenship and Immigration Services.

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