Obama judge OKs lawsuit forcing companies to hire DACA recipients
In a case that looks likely to win in trial, a left-wing Obama-appointed judge has ruled that a 34-year-old Deferred Action for Childhood Arrivals recipient, David Rodriguez, could lead a class action lawsuit to force a Fortune 500 company, Procter & Gamble, to hire DACA recipients on the same basis as Americans and legal residents.
So much for the idea that DACA is just a stopgap measure of mercy, buttressed only by President Obama's executive order, to help supposedly innocent children who were brought here illegally by their parents. The left-wing activists who brought this suit, the Chicano militants of the Mexican American Legal Defense and Educational Fund, are dogged and determined to institutionalize it and make DACA participation every bit as good as citizenship and green cards.
The plaintiff, David Rodriguez, an illegal alien from Venezuela, who had to have been brought to the U.S. as a near adult, given his advanced age now (negating the claim that America "is the only country he knows"), argues that Procter & Gamble's policy of hiring only citizens, green card-holders, refugees, and asylees discriminates based on "alienage."
I read the petition for the class action lawsuit, which will cost P&G millions, and the leftist judge's go-ahead for it here and here. The company has argued that the problem with Rodriguez's status is that it's temporary.
Anyone who knows anything about large Fortune 500 companies with large average salaries knows that that presents a problem for them. Companies, after all, invest a great deal of resources in training their paid interns, which is the position 34-year-old Rodriguez applied for, and probably spend that kind of money only if they intend to hire. Someone whose immigration status could require him to move back home would be a risk for them. DACA, after all, is held together only by an executive order, which can be rescinded (although the courts have stepped in to prevent that, too). It's a two-year reprieve that can be renewed for another two years as things stand now, and that includes the right to work. MALDEF has now extended it to a right to be hired, and the courts are going along, making the temporary executive order-designated status suddenly as good as a real green card.
The leftist judge used this reasoning for her go-ahead:
Section 1981 provides in relevant part, "AII persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts ... as is enjoyed by white citizens...'' 42 U.S.C. j 1981 (a). The statute prohibits discrimination based on race or alienage in the making and enforcement of contracts, including employment contracts. See Anderson B. Conboy, 156 F.3d 167, 170, 180 (2d Cir. 1998).
So going from the soft, sappy "can work" of the Obama order to an ironclad "right to be hired" seems to be the name of the left-wing game. Will they win? Seems like it.
The judge in her ruling said she thought the case had merit and cited other court cases to support that. According to Judicial Watch, which brought the case to light:
Judge Kathleen M. Williams, a former public defender appointed to the federal bench by Obama in 2011, agrees, citing MALDEF’s other lawsuit in her ruling. In denying Procter & Gamble’s motion to dismiss Rodriguez’s lawsuit, Judge Williams claims the Venezuelan immigrant’s claims are “strikingly similar” to those in MALDEF’s 2014 suit against insurance company Northwestern Mutual in New York. In that complaint, a Mexican illegal alien protected by DACA alleged that Northwestern Mutual’s policy requiring him to have a green card because he’s not a U.S. citizen discriminated against him. Requiring the Mexican national, Ruben Juarez, to provide proof of legal residency imposed an additional burden that constitutes alienage discrimination, according to the complaint filed on his behalf by MALDEF. The federal judge hearing that case in New York agreed and, in a federal courtroom more than 1,000 miles south, Williams used the decision to justify hers.
After MALDEF and Rodriguez win, millions will go to not just Rodriguez, but all of the illegals, given that it's a class action lawsuit, and P&G is a big company with a lot of applicants, and there have been similar rulings from other judges for this lawsuit to glom onto. The suit says they are seeking relief based on salaries that would have been paid, suggesting quite a payout to those who never bothered to apply for citizenship and then got a political favor in DACA as potential Democratic votes from Obama.
So much for rule of law. As the old Border Patrol saying goes, "it ain't over 'til the alien wins." Being a DACA recipient sounds profitable, indeed, but not exactly for "just doing the jobs Americans won't do." Not in this day and age of upside-down legal logic and left-wing judges.