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Old 11-21-2016, 11:22 PM
 
Location: NYC
12,889 posts, read 8,725,709 times
Reputation: 14140

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Here's the official Justice Dept letter.

https://www.justice.gov/opa/pr/justi...denver-sheriff

Quote:
The Justice Department reached a settlement today resolving claims that the Denver Sheriff Department discriminated against work-authorized immigrants in violation of the Immigration and Nationality Act (INA). The Denver Sheriff Department is the largest sheriff department in the state of Colorado.

The Justice Department’s investigation found that from approximately Jan. 1, 2015, until approximately March 23, 2016, 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. The INA’s anti-discrimination provision prohibits employers from limiting jobs to U.S. citizens except where the employer is required to do so by law, regulation, executive order or government contract. The Denver Sheriff Department was not subject to one of the INA’s exceptions.

Under the terms of the settlement agreement, the Denver Sheriff Department will pay $10,000 in civil penalties; identify applicants who may have been disqualified from consideration for deputy sheriff positions due to the citizenship requirement and consider these applicants’ qualifications without regards to their citizenship; train its human resources staff on the anti-discrimination provision of the INA and review and revise its policies and procedures to comply with the requirements of the INA’s anti-discrimination provision.

“We commend the Denver Sheriff Department for its cooperation and commitment to removing unnecessary and unlawful employment barriers,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Eliminating this unlawful citizenship requirement will help ensure that the Denver Sheriff Department hires the best and most qualified individuals to protect and serve. The entire community will benefit from these reforms.”
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Old 11-21-2016, 11:47 PM
 
9,277 posts, read 4,270,448 times
Reputation: 11025
This is the type of rubbish Trump & Co will need to undo as soon as possible. Essentially everything Obama and his DOJ have done needs to be reviewed, and most of it scrapped.

It reminds me of when affirmative action was being pushed to the point of the city of Miami being forced under a consent decree to hire police with past criminal records because they had to have more minorities.
What could go wrong.
Well we know what wrong, criminals behind badges resorting to their nature, giving the city the "Miami River Cops".
Not sure how bad it was, just look it up. But be careful, s you will not like what you find.
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Old 11-22-2016, 12:03 AM
 
12,627 posts, read 18,160,011 times
Reputation: 2990
Quote:
Originally Posted by Vector1 View Post
This is the type of rubbish Trump & Co will need to undo as soon as possible. Essentially everything Obama and his DOJ have done needs to be reviewed, and most of it scrapped.

It reminds me of when affirmative action was being pushed to the point of the city of Miami being forced under a consent decree to hire police with past criminal records because they had to have more minorities.
What could go wrong.
Well we know what wrong, criminals behind badges resorting to their nature, giving the city the "Miami River Cops".
Not sure how bad it was, just look it up. But be careful, s you will not like what you find.
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Old 11-22-2016, 02:05 AM
 
20,707 posts, read 13,720,547 times
Reputation: 14378
Go read the actual statue in question and or other news coverage for the full story.


Forty states *do* prohibit non-citizens from being hired in various jobs including LE. A handful of others of which Colorado is one and or local governments like city of Denver, have no such provisions in their laws. So the DOJ went after Denver's sheriff department in response to a complaint. They have also gone after a few other local LE agencies on the same matter and won settlements as well.


The INA law does not require hiring of illegal aliens, but rather protects those who are in the United States legally with a valid green card/work authorization.


Key words here are: "The INA’s anti-discrimination provision prohibits employers from limiting jobs to U.S. citizens except where the employer is required to do so by law, regulation, executive order or government contract."


If the City of Denver or state of Colorado passed a law requiring all LE to be American citizens that would be the end of the matter, and there would be nothing federal government could do (well there is but we're not on that right now). But since Denver is pretty much now a "sanctuary" city, don't hold out much hope of this happening.
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Old 11-22-2016, 02:13 AM
 
12,403 posts, read 3,887,318 times
Reputation: 3765
The first problem is the US hands out immigration and work visa around the world like candy. The second problem is it's usually required to treat them as esteemed as if they were the descendants of George Washington, or hello lawsuit. But if they were actually the descendants of George Washington and you were discriminatory to them no one would care and any lawsuit on their behalf wouldn't likely prevail. Seen it myself pretty much.
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Old 11-22-2016, 09:51 AM
 
Location: NYC
12,889 posts, read 8,725,709 times
Reputation: 14140
Quote:
Originally Posted by BugsyPal View Post
Go read the actual statue in question and or other news coverage for the full story.


Forty states *do* prohibit non-citizens from being hired in various jobs including LE. A handful of others of which Colorado is one and or local governments like city of Denver, have no such provisions in their laws. So the DOJ went after Denver's sheriff department in response to a complaint. They have also gone after a few other local LE agencies on the same matter and won settlements as well.


The INA law does not require hiring of illegal aliens, but rather protects those who are in the United States legally with a valid green card/work authorization.


Key words here are: "The INA’s anti-discrimination provision prohibits employers from limiting jobs to U.S. citizens except where the employer is required to do so by law, regulation, executive order or government contract."


If the City of Denver or state of Colorado passed a law requiring all LE to be American citizens that would be the end of the matter, and there would be nothing federal government could do (well there is but we're not on that right now). But since Denver is pretty much now a "sanctuary" city, don't hold out much hope of this happening.
While this is true, I can see the new Feds under Trump will have guidelines for hiring of citizens only for these positions and sue sanctuary cities and starve them of Fed funds.
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Old 11-22-2016, 09:56 AM
 
25,059 posts, read 23,153,841 times
Reputation: 11619
Quote:
Originally Posted by vision33r View Post
While this is true, I can see the new Feds under Trump will have guidelines for hiring of citizens only for these positions and sue sanctuary cities and starve them of Fed funds.
Are you so sure about that. So many Trump supporters around here are talking like they KNOW beyond a reasonable doubt that Trump will do what they think he should do
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Old 11-22-2016, 10:29 AM
 
Location: Secure, Undisclosed
1,984 posts, read 1,291,512 times
Reputation: 3702
This capitulation places Denver in an untenable position.

The Sheriff there has to hire deputies who probably cannot get a security clearance, which an increasing number of officers have these days because of the federal/state/local cooperation on terrorism. Great. Now he's stuck with a deputy who can't play in the big games.

Worse, the deputies' ability to work for 20 years (the minimum time for a pension at most departments) is controlled by the Immigration authorities at the federal level. If they revoke the green card, the deputy becomes unemployable - and loses everything he's invested in his pension. Who is the deputy going to sue? The Sheriff's office.

Not fair to the S.O.; not fair to the deputies. I so hope Trump de-politicizes DOJ/CRD.
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Old 11-22-2016, 02:03 PM
 
20,707 posts, read 13,720,547 times
Reputation: 14378
Quote:
Originally Posted by vision33r View Post
While this is true, I can see the new Feds under Trump will have guidelines for hiring of citizens only for these positions and sue sanctuary cities and starve them of Fed funds.

Administrative actions can only affect funding that comes from the federal government and or those who accept. Obama made much use of this in creating various anti-discrimination rules for LGBT. However such guidelines only affect federal contractors/those accepting government money such as hospitals that take Medicare patients.


Federal government except in limited instances has no direct authority over states or local government, that is how the USC works. What power it does have stems from a few well used parts such as the Inter-State Commerce clause.
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Old 11-22-2016, 02:23 PM
 
29,700 posts, read 16,414,979 times
Reputation: 13792
The fed guv has no legal authority to intervene is state law enforcement hiring practices and other than naturalization procedures, it has no authority to involve itself in immigration matters.
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