DOJ Fines Denver Sheriff Dept For Only Hiring U.S. Citizens for Deputy Positions

[pwjohn]

This is insane but just what you'd expect from america-hating obama.

DOJ Fines Denver Sheriff Dept For Only Hiring U.S. Citizens for Deputy Positions

nov 22 2016 The Justice Department reached a settlement this week with the Denver Sheriff Department, after they allegedly discriminated against work-authorized immigrants by only considering the applications of U.S. citizens.

“The Denver Sheriff Department discriminated based on citizenship status by requiring applicants for deputy sheriff positions to be U.S. citizens and publishing job postings with U.S. citizenship requirements, in violation of the INA (Immigration and Nationality Act),” a statement from the DOJ reads. INA prohibits employers from limiting jobs to U.S. citizens (except where they are required to do so by law).

The Sheriff Department will pay $10,000 in civil penalties. They will also have to go through their old applications and identify those who may have been disqualified due to the citizenship requirement. In addition, they are required to train human resources on the anti-discrimination provision of the INA.

Once again you prove yourself a waste of human skin. Have a great turkey day

Because he shared an article about Obama' DOJ doing more stupid shit?

Who shared an article?

 

[9thIDdoc]

"The Justice Department reached a settlement this week with the Denver Sheriff Department, after they allegedly discriminated against work-authorized immigrants by only considering the applications of U.S. citizens.
“The Denver Sheriff Department discriminated based on citizenship status by requiring applicants for deputy sheriff positions to be U.S. citizens and publishing job postings with U.S. citizenship requirements, in violation of the INA (Immigration and Nationality Act),” a statement from the DOJ reads. INA prohibits employers from limiting jobs to U.S. citizens (except where they are required to do so by law)."

Looks pretty straight forward to me.

Absolutely. This is a straight forward attempt by the Federal government to exceed it's authority which is what you get when you have a racist president and AG. A Sheriff is an elected local government official: not federal. His hiring practices are dictated by local government and his own discretion;;again not federal. The Civil Rights Act applies in matters of race. Non-citizens are not a race.
It is a crime to hire an illegal alien.
Illegal aliens are criminals by definition. Hiring one is a criminal act. Hiring a criminal to enforce the law is idiotic
Requiring their hiring is obviously unConstitutional.
This should get tied up in the courts until we get a sane federal administration.

#1 It's federal law, which was passed by Congress not the President and AG.

#2 The infractions was not about hiring illegal aliens, it was about eliminating from the applicant pool legal residents.

#3 The United States Code does not require their hiring, it prevents discrimination based on not being a citizen. In other words you can't eliminate a more qualified candidate based on being a legal resident and retain a citizen (on that basis alone) in the applicant pool.

8 U.S. Code § 1324b - Unfair immigration-related employment practices

>>>>

8 U.S. Code § 1324b - Unfair immigration-related employment practices

(2)ExceptionsParagraph (1) shall not apply to—
(A)
a person or other entity that employs three or fewer employees,

(C)
discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract,

 

[WorldWatcher]

8 U.S. Code § 1324b - Unfair immigration-related employment practices

(2)ExceptionsParagraph (1) shall not apply to—
(A)
a person or other entity that employs three or fewer employees,

(C)
discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract,

Posting the full text:

(2) Exceptions Paragraph (1) shall not apply to—
(A)
a person or other entity that employs three or fewer employees,
(B)
a person’s or entity’s discrimination because of an individual’s national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964, or
(C)
discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.


So per (2)(C), you would need the Federal law, State Law, or Local Law or which the United States Attorney General or even the State Attorney General has required citizenship as a condition of employment for all law enforcement at either the federal or state levels to specify before the discriminatory action took place that required law enforcement personnel to be US Citizens.


Good luck since if any exception did exist it would have been presented as part of the investigation or would have been a basis for the Denver's Sheriff's Office to reject the settlement and have the case thrown out in court.


>>>>

 

[9thIDdoc]

"The Justice Department reached a settlement this week with the Denver Sheriff Department, after they allegedly..."

What investigation?
What "settlement"?
You know some wrongdoing was proven? How?
I stand by what I wrote earlier (#33)

 

[bodecea]

Unbelievable!

There's a reason.

 

[bodecea]

"The Justice Department reached a settlement this week with the Denver Sheriff Department, after they allegedly discriminated against work-authorized immigrants by only considering the applications of U.S. citizens.
“The Denver Sheriff Department discriminated based on citizenship status by requiring applicants for deputy sheriff positions to be U.S. citizens and publishing job postings with U.S. citizenship requirements, in violation of the INA (Immigration and Nationality Act),” a statement from the DOJ reads. INA prohibits employers from limiting jobs to U.S. citizens (except where they are required to do so by law)."

Looks pretty straight forward to me.

The law itself violates the law. It is STUPID to hire non citizens before citizens. No wonder you libtards are viewed as mental midgets.

Reckon yore a gunna have ta change the law padnah.

That always takes too much work....it's easier to sit at their computer and whine.

 

[9thIDdoc]

Almost missed this:

So per (2)(C), you would need the Federal law, State Law, or Local Law or which the United States Attorney General or even the State Attorney General has required citizenship as a condition of employment for all law enforcement at either the federal or state levels to specify before the discriminatory action took place that required law enforcement personnel to be US Citizens.

Given that we are discussing a sheriff who is local law enforcement, it seems likely that local law allows him to legally make his own standards for the officers he hires. And that is an exception stated above.

 

[WorldWatcher]

Almost missed this:

So per (2)(C), you would need the Federal law, State Law, or Local Law or which the United States Attorney General or even the State Attorney General has required citizenship as a condition of employment for all law enforcement at either the federal or state levels to specify before the discriminatory action took place that required law enforcement personnel to be US Citizens.

Given that we are discussing a sheriff who is local law enforcement, it seems likely that local law allows him to legally make his own standards for the officers he hires. And that is an exception stated above.

Posting the full text:

(2) Exceptions Paragraph (1) shall not apply to—
(A)
a person or other entity that employs three or fewer employees,
(B)
a person’s or entity’s discrimination because of an individual’s national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964, or
(C)
discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.



Try reading it again.

A "local government contract" does not mean the Sheriff gets to ignore the just because he wants to. You can complain about it. You are free to do so. But the Sheriffs own lawyers advised him to settle with a small fine and the understanding that hiring practices will change and addition candidates previously rejected must be considered for new openings.

Maybe you should write a letter to the DOJ lawyers and tell them they are wrong, and then write the Sheriff and tell him he's wrong. It is not essential that Sheriff Deputies be citizens, legal residents have done the job and can continue to do the job.


>>>

 

[Borillar]

Isn't it wonderful the government requires foreigners with no reason for loyalty to the Constitution to be in the thin blue line?

Got news for you............foreign nationals are also serving in the US military, and have been since at least 1982 to my knowledge (that's when I joined), and continued to do so until at least 2002 (when I retired). My first ship, the LPO was a Phillippine national, and when I did my last tour at MEPS Amarillo, there was a 2nd class working for me who was a Mexican citizen who became an American citizen about a year before I retired.

Yeah, we had a lot of Philippino mess cooks when I was in back in the 70's.

 

[Borillar]

The law itself violates the law. It is STUPID to hire non citizens before citizens. No wonder you libtards are viewed as mental midgets.

Liberals hate america and that one thought determines everything they do.

It's a Reagan era law. Why did Saint Ronnie let that come to be? Why didn't the supposed great America firster Republicans change the law over the past 30 years? Too busy blocking Obama and panty sniffing to notice?

 

[Flopper]

This is insane but just what you'd expect from america-hating obama.

DOJ Fines Denver Sheriff Dept For Only Hiring U.S. Citizens for Deputy Positions

nov 22 2016 The Justice Department reached a settlement this week with the Denver Sheriff Department, after they allegedly discriminated against work-authorized immigrants by only considering the applications of U.S. citizens.

“The Denver Sheriff Department discriminated based on citizenship status by requiring applicants for deputy sheriff positions to be U.S. citizens and publishing job postings with U.S. citizenship requirements, in violation of the INA (Immigration and Nationality Act),” a statement from the DOJ reads. INA prohibits employers from limiting jobs to U.S. citizens (except where they are required to do so by law).

The Sheriff Department will pay $10,000 in civil penalties. They will also have to go through their old applications and identify those who may have been disqualified due to the citizenship requirement. In addition, they are required to train human resources on the anti-discrimination provision of the INA.

The law in Colorado says those applying for employment as law enforcement officers are not required to be US citizens. However, applicants must have official documentation (Form I-9) from the Department of Homeland Security, US Citizenship and Immigration Services showing that they have permission to live and work in the US. All applicants, regardless of nationality, must submit to an extensive background investigation and pre-employment polygraph, multiple physical fitness tests and psychological examinations.

So when the Sheriffs department limited hiring to US citizens they were in violation of Colorado law as well as federal. There is no reason why a person that is a legal resident of the US should not serve as a law enforcement officer if he or she is qualified. Being born in the US or naturalized will not make you a better policemen but there are times when being a foreign national will.

 

[ShootSpeeders]

It's a Reagan era law. Why did Saint Ronnie let that come to be? Why didn't the supposed great America firster Republicans change the law over the past 30 years? Too busy blocking Obama and panty sniffing to notice?

Don't throw ronnie in my face. He was a rino if not an out-and-out dem. I hate him.

 

[9thIDdoc]

Almost missed this:

So per (2)(C), you would need the Federal law, State Law, or Local Law or which the United States Attorney General or even the State Attorney General has required citizenship as a condition of employment for all law enforcement at either the federal or state levels to specify before the discriminatory action took place that required law enforcement personnel to be US Citizens.

Given that we are discussing a sheriff who is local law enforcement, it seems likely that local law allows him to legally make his own standards for the officers he hires. And that is an exception stated above.

Posting the full text:

(2) Exceptions Paragraph (1) shall not apply to—
(A)
a person or other entity that employs three or fewer employees,
(B)
a person’s or entity’s discrimination because of an individual’s national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964, or
(C)
discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.



Try reading it again.

A "local government contract" does not mean the Sheriff gets to ignore the just because he wants to. You can complain about it. You are free to do so. But the Sheriffs own lawyers advised him to settle with a small fine and the understanding that hiring practices will change and addition candidates previously rejected must be considered for new openings.

Maybe you should write a letter to the DOJ lawyers and tell them they are wrong, and then write the Sheriff and tell him he's wrong. It is not essential that Sheriff Deputies be citizens, legal residents have done the job and can continue to do the job.


>>>

"A "local government contract" does not mean..."

Didn't say that. This is the part that applies:

discrimination because of citizenship status which is otherwise required in order to comply with law, regulation,or executive order, or required by Federal, State, or local government contract,...

A Sheriff is an official of local government and responsible to state government law and regulation. Local and state law and regulation are specifically listed exemptions.

Seems like the good Sheriff allowed himself to be bullied and harassed out 10,000 taxpayer dollars when it would have been a slam-dunk win in an impartial court. Of course he may have settled before a much needed shake up of the justice dept. could have been predicted and thus had no expectation of an impartial court.
But this from another site is (if true, and I hope it isn't) simply beyond the pale:

Beyond just the fine, the sheriff’s department must also review applicants who were disqualified because they came here illegally. They are to be considered for future openings if they meet other criteria.

D.O.J Fines Sheriff Department For Refusal To Hire Non-Citizens (Video)

 

[WorldWatcher]

A Sheriff is an official of local government and responsible to state government law and regulation. Local and state law and regulation are specifically listed exemptions.

There is no State or Local law that provides that law enforcement is required to hire only citizens and legal residents are ineligible for employment in the field of law enforcement.

Local employment anti-discrimination law (Municipal Code Sec. 28-93. - Discriminatory practices in employment) -->> Municode Library

State of Colorado Employment anti-discriminaiton law (C.R.S. 24-34-402. Discriminatory or unfair employment practices) -->>COCODE



Once the lawyers representing the Sheriff reviewed the Statutes and realized the Sheriff is in the wrong, they went to the DOJ and admitting fault and taking a small settlement and promise of obeying the law in the future. If they law supported them then they could have gone to court and won. By their actions the Sheriff's Office knows they were wrong and so disagree with you about the way the law functions.

 

[Fenton Lum]

The law itself violates the law. It is STUPID to hire non citizens before citizens. No wonder you libtards are viewed as mental midgets.

Liberals hate america and that one thought determines everything they do.

There's some of that american exceptionalism we've been hearing so much about.

Better than globalist socialism, period.

What we see across the planet, and in the Trump win by the way, is a backlash against global capitalism my short sighted friend.

If you are a socialist, it is you that is short sighted. Socialism sucks.

One can see what is going on around him without being a socialist son, and you have always had a blended economy. Socialism is just fine for the aristocracy in america, it's just no good for the unsubstantial people.

 

[Fenton Lum]

"The Justice Department reached a settlement this week with the Denver Sheriff Department, after they allegedly discriminated against work-authorized immigrants by only considering the applications of U.S. citizens.
“The Denver Sheriff Department discriminated based on citizenship status by requiring applicants for deputy sheriff positions to be U.S. citizens and publishing job postings with U.S. citizenship requirements, in violation of the INA (Immigration and Nationality Act),” a statement from the DOJ reads. INA prohibits employers from limiting jobs to U.S. citizens (except where they are required to do so by law)."

Looks pretty straight forward to me.

Absolutely. This is a straight forward attempt by the Federal government to exceed it's authority which is what you get when you have a racist president and AG. A Sheriff is an elected local government official: not federal. His hiring practices are dictated by local government and his own discretion;;again not federal. The Civil Rights Act applies in matters of race. Non-citizens are not a race.
It is a crime to hire an illegal alien.
Illegal aliens are criminals by definition. Hiring one is a criminal act. Hiring a criminal to enforce the law is idiotic
Requiring their hiring is obviously unConstitutional.
This should get tied up in the courts until we get a sane federal administration.

OK, go tie it all up in the courts then. I mean it's not like we're really a nation of law and we all follow the law. It's just a game anyway, by all means, play the game.

 

[Fenton Lum]

This is insane but just what you'd expect from america-hating obama.

DOJ Fines Denver Sheriff Dept For Only Hiring U.S. Citizens for Deputy Positions

nov 22 2016 The Justice Department reached a settlement this week with the Denver Sheriff Department, after they allegedly discriminated against work-authorized immigrants by only considering the applications of U.S. citizens.

“The Denver Sheriff Department discriminated based on citizenship status by requiring applicants for deputy sheriff positions to be U.S. citizens and publishing job postings with U.S. citizenship requirements, in violation of the INA (Immigration and Nationality Act),” a statement from the DOJ reads. INA prohibits employers from limiting jobs to U.S. citizens (except where they are required to do so by law).

The Sheriff Department will pay $10,000 in civil penalties. They will also have to go through their old applications and identify those who may have been disqualified due to the citizenship requirement. In addition, they are required to train human resources on the anti-discrimination provision of the INA.

Thankfully this Obama nonsense is about to come to a screeching halt!

Zzzzzzzzzzzzzzzzzzzzzzzzzzactly, the klansman will head up the doj soon enough.

 

[9thIDdoc]

"The Justice Department reached a settlement this week with the Denver Sheriff Department, after they allegedly discriminated against work-authorized immigrants by only considering the applications of U.S. citizens.
“The Denver Sheriff Department discriminated based on citizenship status by requiring applicants for deputy sheriff positions to be U.S. citizens and publishing job postings with U.S. citizenship requirements, in violation of the INA (Immigration and Nationality Act),” a statement from the DOJ reads. INA prohibits employers from limiting jobs to U.S. citizens (except where they are required to do so by law)."

Looks pretty straight forward to me.

Absolutely. This is a straight forward attempt by the Federal government to exceed it's authority which is what you get when you have a racist president and AG. A Sheriff is an elected local government official: not federal. His hiring practices are dictated by local government and his own discretion;;again not federal. The Civil Rights Act applies in matters of race. Non-citizens are not a race.
It is a crime to hire an illegal alien.
Illegal aliens are criminals by definition. Hiring one is a criminal act. Hiring a criminal to enforce the law is idiotic
Requiring their hiring is obviously unConstitutional.
This should get tied up in the courts until we get a sane federal administration.

OK, go tie it all up in the courts then. I mean it's not like we're really a nation of law and we all follow the law. It's just a game anyway, by all means, play the game.

Hey, it's a done deal now. He decided not to fight it. I imagine he decided not to fight it because it was easier to pay a settlement than the time, expense, trouble and expense needed for a drawn out court fight. His call and he made it. I just hate federal over reach and exceeding it's authority. What I hate the most is his having to agree to consider illegal aliens for deputy sheriff positions in the future. A requirement for illegal actions? Yep, way past time to drain the swamp.

 

[WorldWatcher]

v What I hate the most is his having to agree to consider illegal aliens for deputy sheriff positions in the future. A requirement for illegal actions? Yep, way past time to drain the swamp.

For the love of Ted.

What part of - this case has nothing to do with hiring illegal aliens is not clear? It's already illegal to hire illegal aliens under federal law.

This case was about the Sheriffs office discriminating against legal aliens, those who are hear legally in the country. Legal immigrants and green card holders.




>>>>

 

[Flopper]

"The Justice Department reached a settlement this week with the Denver Sheriff Department, after they allegedly discriminated against work-authorized immigrants by only considering the applications of U.S. citizens.
“The Denver Sheriff Department discriminated based on citizenship status by requiring applicants for deputy sheriff positions to be U.S. citizens and publishing job postings with U.S. citizenship requirements, in violation of the INA (Immigration and Nationality Act),” a statement from the DOJ reads. INA prohibits employers from limiting jobs to U.S. citizens (except where they are required to do so by law)."

Looks pretty straight forward to me.

Absolutely. This is a straight forward attempt by the Federal government to exceed it's authority which is what you get when you have a racist president and AG. A Sheriff is an elected local government official: not federal. His hiring practices are dictated by local government and his own discretion;;again not federal. The Civil Rights Act applies in matters of race. Non-citizens are not a race.
It is a crime to hire an illegal alien.
Illegal aliens are criminals by definition. Hiring one is a criminal act. Hiring a criminal to enforce the law is idiotic
Requiring their hiring is obviously unConstitutional.
This should get tied up in the courts until we get a sane federal administration.

OK, go tie it all up in the courts then. I mean it's not like we're really a nation of law and we all follow the law. It's just a game anyway, by all means, play the game.

Hey, it's a done deal now. He decided not to fight it. I imagine he decided not to fight it because it was easier to pay a settlement than the time, expense, trouble and expense needed for a drawn out court fight. His call and he made it. I just hate federal over reach and exceeding it's authority. What I hate the most is his having to agree to consider illegal aliens for deputy sheriff positions in the future. A requirement for illegal actions? Yep, way past time to drain the swamp.

This is not about hiring illegal aliens. It is about hiring legal residents of the US that are not citizens.