Same Complaints Different Day

This post is about willful ignorance and my frustration with it.

Folks, over the last year, I have been crystal clear about the intricacies of navigating the legal and ethical dilemmas that I have encountered in my relationship with my special friend. The basic frustration that I have is that Americans tend to think that the whole world works by the same rules, laws, and rights as our own country. This is clearly not the case.

 The old adage of my parent’s generation has often been stated as, “My house, my rules.” Somehow though, many people don’t think that this saying is relevant to countries other than our own. Every political entity has its own unique laws, regulations, customs, assumptions, etc. Our country may have common borders with both Mexico and Canada but trust me, both places have different laws, customs, languages, food, etc. than our own.

The common assumptions that undergird our country are things like English Common Law, Protestantism, religious liberty, freedom, and rights proceeding from God, etc. But what happens when you are forced to interact in a country that never based their culture and society on these things? Is it reasonable that they will see the world just as we do? My answer is “NO.”

President George W Bush

Why was George W. Bush’s idea of nation building in Iraq and Afghanistan folly? Establishing democracy in an area that had no concept of individual rights was ridiculous. It had to fail. Folks, at least one lesson here is that imposing our culture and attaching expectations upon someone with no concept or appreciation of our values is stupid and can’t work, yet we continue to do it.

Ronald Reagan talked often about men yearning to be free but if that is true then why are so many in our country yearning to be led and enslaved by socialism and communism? Like Orwell’s 1984, they are screaming that “slavery is freedom.”

The answer to the above is that Reagan presupposes that the society is Christian while the Communist presupposes that humanism, evolution, and atheism are true. Different folks have different worldviews and assumptions that undergird their view of society, culture, and nation.

The problem that I face when talking to people about my situation with my girl is that they have no frame of reference to understand the situation but the one they are living in. Frankly, it’s a lot like talking to someone who is immersed in Premillennial Dispensationalism. You can show them a verse that disproves their worldview, but they can’t see it because they filter it through their presuppositions and can’t read the text on its own merits. As mama used to say, “It’s like talking to the wall.”

When I explain that my girl is eligible to marry me, folks can’t grasp the concept. The church in her country has declared that her marriage is over, she is the innocent party, and she can marry me. This should be the end of the discussion, but it doesn’t compute to people here. “How can the church declare anything about marriage?” they any ask.

The presupposition is that the State is in charge of marriage. My question is, “Where in the Bible do you find such an idea?” It clearly says in the traditional marriage ceremony, “Whom God has joined together, let no man pull asunder.” God makes marriages not governments.

Governments claimed the right to regulate marriage—at least in this country—about 120 years ago as a scheme for generating tax revenue for local governments not because God changed His mind. Yes, if you like then you can go back to the Supreme Court cases about polygamy in the late 1870’s but my point still stands; government claimed the power and churches were silent on the power grab. This silence by churches does not make the government overreach a legitimate act. Later government decided to allow tax benefits based on marital status. Further strengthening their hold on matrimony and thus its dissolution.

If government owns the power to create marriages, then it only makes sense that they remove the church’s power to end such unions as well. Naturally, the power to dissolve marriages also fell to the government and their brethren in the legal profession.

I think most folks will agree with my basic thesis about marriage in the United States, but what happens when you interact with a country that knows no such thing as divorce? Their presupposition is that marriage is in fact created by God and divorce is anathema in their society?

This question, boys and girls, is the hinge that takes you to a place that you can’t comprehend. A place with no divorce. The only way out of a marriage is to prove that one partner is defective and incapable of making a forever vow before God. Such a finding must be made, not in civil court, but before a trial judge with a full-blown court proceeding. This place is not a parallel dimension or gateway to the Twilight Zone but another country. Here you need to act in accordance with someone else’s laws, culture, and way of doing business. This ladies and gentlemen is what you encounter once you leave the borders of your home country; the good ole US of A. Welcome to the world of my girlfriend, the Philippines.

  • In the Philippines, divorce is illegal.
  • In the Philippines, a husband and wife agreeing to dissolve their marriage is illegal.
  • In the Philippines, adultery is not grounds to end a marriage.
  • In the Philippines, abandonment is not grounds to end a marriage. (Technically, the Philippine Supreme Court, via legislating from the bench, added abandonment as grounds for ending a marriage but no one has actually litigated a case on these grounds due to expected pushback by the legislative branch of the government. No lawyer wants to be the first to try such a case.)
  • In the Philippines, abuse is not grounds to end a marriage.

The Philippines is one of only two countries in the world where divorce is illegal. Vatican City being the other. (FYI the United States did not recognize Vatican City as a country until 1984.) Instead, the legal process to end a marriage in the Philippines is annulment. As stated above, a court trial is mandatory. The process for a simple annulment is six to twenty-four months. A complex annulment—meaning children, properties, and acrimony between parties—can take as long as five years.

Annulments are very expensive. Based on average wages earned per month in that country, we have thus far spent about 28 months’ worth of wages to get where we are in the process. Our next stop should be the trial court. Depending on which Internet search you wish to believe, we are two to five months away from completion of the process. Oh, thus far, we have been at this for a good eleven months.

Due to the cost—financial and in time—most people in the Philippines cannot afford the annulment process. This is why there are only about ten to twelve thousand annulment cases per year out of a population of 80 million or so souls.

Folks the only other routes for ending a marriage in the Philippines are a declaration of annulment by the Roman Catholic Church or divorce via Sharia Law. Both these alternatives cost more than the legally prescribed route for annulment, and neither is available for my girl as she is a Protestant.

If I chose to live there, I could simply marry her in her church and then live together without the expense of an annulment. However, I want to bring her to the United States. Since our government regulates immigration rather stringently, they demand that my girl present either a marriage certificate issued by the Philippine government or proof that she is eligible to remarry.

While I dispute the government’s claim to regulate marriage, I do acknowledge their right to regulate immigration. (Yes, biblically immigration should not work like it does now but that is a topic for another day.) Since the power of the sword is being used to ship people home for violating US law, I must recon with the current rules whether I like them or not. Thus, I am paying for the annulment process to clear the way to initialize the US immigration process.

The situation is this, per the church located in the Philippines, I am allowed to get married. Said marriage will not be recorded with the government but with the church. Said church has acknowledged the innocence of my girl as well as her eligibility for marriage. Once we exchange vows, we may live together, have children, and be members of the church in good standing.

Folks, there are a few different things in play here. First, Protestants only have limited recognition of their beliefs in the Philippines. Second, the Bible is only partially acknowledged as authoritative by the Philippine government. Clearly divorce is biblically allowed in some circumstances even if not allowed by the government. (See Ray Sutton’s Second Chance.) Poor people are more adversely impacted by the annulment laws than rich folks. Since justice cannot be had without money, the people there have found ways to skirt the system.

I’ve previously blogged about income and inaccessibility for women stuck in a bad marriage. If the husband is hell bent on fornicating with every wench at the local watering hole, the reality is that the wife can’t do anything about it but raise her voice and hope he doesn’t raise his fist in retaliation.

So, the bottom line is that I can get married in the Philippines but until government paperwork catches up with reality, I am unable to bring my spouse to the United States.

Folks, I’m to the point now that I am willing to record said marriage with the Philippine government as soon as I can just to get all the self-righteous folks here in the United States off my back about this whole deal. I was hoping to have a legally recorded wedding here just because it is a shorter wait to get a fiancé visa, but now I don’t care. I’m ok to let all the paperwork happen overseas just to get it over with.

Closing remarks

When I visit another country, I am expected to go by their rules. I think that concept should be easy to understand. That being said, my actions should always conform to Scripture. What should our response be as Christians when biblical law is illegal or ignored in a country?

Church and State are separate institutions created by God. Part of the issue being discussed here is what our response should be when the State gets itself involved in the affairs of the Church? Does the Church just roll over like it did for Covid-19 or does it fight to keep charge of what has been entrusted to her by God? Truthfully, the American Church is very willing to abdicate its role; especially in deference to the civil authorities.

Most Christians were wrong about Romans 13 and Covid lockdowns. Sadly, too many folks are in agreement that Caesar is really Lord of everything except your soul, and you ought to consider giving that to Jesus. Somehow the supposed shepherds of our souls like to keep singing “Have thine own way Lord” to the State instead of Christ.

Folks, yes, I’m just one guy, but the issues at play here are macro worldview issues. If you would just quit imposing your American cultural presuppositions onto me then maybe you can see there is more going on here than at first glance. It’s just easier for folks to throw me under the bus than to look at the issues.

It’s simple to me. When I am in the Philippines, I play by their rules, when I’m in the USA, I play by the rules here. Ignorant people want to project their presuppositions onto the whole planet because they are intellectually lazy. The bottom line is that both countries have areas where they fall short of biblical standards. I’m stuck in between them and eventually I will have to satisfy both to get my lady friend here one day.

I promised my former pastor that if he would give me the grace to get through this process that he would be happy with the end result. We parted ways because he didn’t like watching the sausage getting made. It’s his loss and perhaps yours too.

The LA Riots … Who is Right?

You may have seen the footage from over the weekend and bleeding into the work week about anti-ICE rioting in the Los Angeles area.  It’s a sad situation but again the democrats continue to screw up. 

Folks, Trump is by no means perfect, and I do have some issues with the deportations he is doing.  Mostly how they are doing them.  Look, I have no issue deporting the bad guys, I’m talking criminal illegals.  Frankly. round those folks up 7 days a week for all I care.  The issue I have is caught up in the madness are non-criminal illegal spouses and children having done nothing wrong.

Let us be civil for a minute or two here.  There are folks who are here illegally, and that is wrong, but they also do the jobs many an American refuse to do.  What is missing from our society is an easy answer.  Give illegal, non-criminals a window to become citizens.  Not an indefinite window, call it 120 days or something.  Then go ahead and round up all the rest.  I say this with compassion because the guy pushing a lawnmower, the guy in front of Home Depot looking for an honest day’s labor, work is not the problem. The criminals are.  To be honest, neither the GOP nor the democrats have ever laid out any sort of plan to help alleviate this issue.  It has led to a very nasty underbelly of society where we have a class of people living in the shadows, avoiding detection.  These folks clean our houses, landscape, roof, construction jobs etc. 

So do I agree with the riots in Los Angeles?  Hell NO!

In America we are a society built on freedom of speech and the right to “peacefully” protest.  What is going on in LA is anything but.  Sure, it may have started with ok intentions, I understand the idea of ICE agents actively looking to “deport anyone brown” is very stressful even though it isn’t true.  The problem is these “protests” tend to attract a lot of bad actors…. Really bad actors. 

If you haven’t been paying attention, first good, secondly the scene devolved into chaos quickly.  Rather than being peaceful demonstrators, the anarchists smashed cinder blocks and were throwing them at ICE agents and the police.  They tossed motorized scooters at the police, threw Molotov cocktails at the police, and burned vehicles, both the public’s and the police’s.  The situation quickly turned into where the police were in full riot gear.  Trump even used a very obscure law to call up the CA National Guard to quell the violence.  Gavin Newsom and Rob Bonta reacted by suing the federal government…. Sheesh. 

The protests have shown no sign of slowing down.  It’s a full-on left vs right issue like anything else in our country these days.

One thing I do have to ask is this, why do the democrats always seem to defend the most unlaw abiding, whackos?  Let’s be honest, pull a permit, organize near the City Hall.  Maybe have a march while not impeding traffic.  Throw/hurl/set ablaze nothing and your point likely gets across.  At last glance, an Apple Store, Adidas store, and a few others were set ablaze and looted.  Martin Luther King Jr. Rosa Parks, and a host of other civil rights leaders are turning over in their graves. They didn’t endorse any of this hooligan type of behavior.  As for that New York Post writer who was shot with rubber bullets, sorry that happened but when you are actively participating in an angry mob when the guys with badges and guns say disperse, I would follow said orders. 

The scene looks like something out of a third world country, not America. Get your point across peacefully, these rioters are not the guys you want to associate with.  In addition, we now have a DA in Los Angeles County who is tough on crime…. The days of mostly peaceful protests and “just expressing themselves,” appear to be over.

The Chief

Kids in Cages

I’m tired hearing about kids in cages. Frankly, it’s a very American thing to do. It’s so commonplace that folks just accept it as normal. Here’s some examples:

We separate kids from their parents and keep them in cages every Monday thru Friday from about 8 AM to 3 PM about nine months out of the year. It’s called school. Oh, you think that’s being harsh to say that? Ok, how do said children or parents gain access to the facility? They enter thru gates and checkpoints and while doing so may be subject to random inspections and metal detectors too. During school times many campuses have police present or on call to protect the site and civilian safety monitors patrol the grounds—especially at recess—to prevent unauthorized crossing of perimeter fencing.

For many parents, school is often just a government provided babysitter that warehouses children while parents are otherwise occupied. Many parents rejoice that the government requires that they are separated from their children on a regular basis. Parents who don’t agree are often visited by government agents if they don’t comply with this separation.

At my son’s school, the gates are locked and signs directing me to his location are frequently wrong. I often joke (lament might be a better word) with other parents that the school needs an app to locate your child. I can’t tell you how many times it’s taken me 10 to 15 minutes of running around from place to place to locate my youngster and extract him from his campus.

Kid Cage #1

Other examples of forced separation abound. Heck even the local health club has gotten in on the action. They don’t allow children to be with their parents, instead forcing them not to follow their folks healthy example but sit in a separate, guarded area with, yep, a fence around it—completed with barbed wire.

Kid Cage #2

Please note that the barbed wire in photo is to keep kids from escaping not directed to keep people out of the children’s area.

Caging children and separating them from their folks is not always a bad thing. Depending on the circumstances, many folks just consider it part of daily life. I submit for your consideration that if it weren’t for lawyers and criminals running free on our streets that there would be a lot less fences separating people from each other.

If you haven’t been out of state much, it might surprise you that in many neighborhoods, houses are not separated by any type of fencing. Whole blocks have backyards as one contiguous grass area with nothing but swing sets and play structures as far as the eye can see. Children have whole subdivisions as their play area.

When folks enter our country in violation of the law, they have committed a crime. This is no secret. They know it is wrong but purposefully do it anyways. When they get caught there can be consequences. It seems that many are willing to take that risk. Those arresting them will segregate people as they see fit, often for health and safety reasons. If children are separated then I have to believe there is a good reason.

FILE – In this June 18, 2014 file photo, two female detainees sleep in a holding cell, as the children are separated by age group and gender, as hundreds of mostly Central American immigrant children are being processed and held at the U.S. Customs and Border Protection Nogales Placement Center in Nogales, Ariz. President Donald Trump has seized on an error by liberal activists for tweeting photos of detainees at the U.S.-Mexico border in steel cages and blamed the current administration for separating immigrant children from their parents. The photos were taken by The Associated Press in 2014, when President Barack Obama was in office. (AP Photo/Ross D. Franklin, Pool)

The bottom line is that the current controversy about kids in cages is a contrived, emotional argument. It was perfectly fine when a Democrat President was in charge. I know of no photos of this alleged phenomenon since Trump took office. Not to say that one may not exist but the ones recently put out by Congressional Democrats to publicize their hearings on this issue were all removed from their websites and Twitter accounts as each was proven to be photographed when Obama was President. Congressional Democrats have yet to put forward one photo created after the current Administration took over. Funny how that works.

Did Trump Really Hit the Wall

Did Trump fail? I’m not so sure. He gets to do the State of the Union speech and once again make his case. He also has the emergency option that he can play. However, I don’t think any of this was his first choice.

Everyone thinks Trump can’t keep anything to himself and he just reacts and throws tantrums on Twitter, but I think that is not the case. I think there is more in play than appears at first glance.

First, he is not being public with the fact that his real problem is the Republicans in the Senate. I think the usual suspects (Lindsey Graham, Susan Collins, Lisa Murkowski, etc.) were ready to unilaterally surrender to the Democrats. This forced Trump to do a midcourse correction. He can’t throw them under the bus because he needs them to get judicial appointments confirmed.

Second, I think the ball is in Pelosi’s court and if she doesn’t make a counteroffer in the next few weeks, many Democrats will be peeled away to join Republicans and make a deal.

I expect Trump’s SOTU speech will be a Reagan-like address to ask people to call Congress and pressure their representatives to fix the border/immigration issue. I also think we will hear about his extensive list of accomplishments during his first two years. I also expect to hear about rebuilding infrastructure and other campaign promises; expect many proposals that should appeal to people in both parties.

Trump meant what he said when campaigning and the fact that he meant to say it and really believes it mystifies the crap out of the political class because they can’t imagine anybody that is honest with voters ever being elected. Politicians operate by telling voters at home what is they want to hear and then behaving as they will in Washington without ever being accountable for their actions.

Trump wants to unite us, but Washington is ruled by division and that is usually the purpose of the media coverage because controversy—ever if it is contrived— increases viewership and generates more advertising revenue.

Trump is still testing and prodding the new Congress to see what it takes to break the gridlock that everyone assumes will exist for the new two years. He didn’t run for office to preside over a “do nothing” Congress. He has experience working with Democrats in New York City and will eventually be able to work with some in the Congress to further his agenda.

Trump is playing the long game not just taking it one day at a time. What if Trump is playing chess with the Democrats and they are expecting him to play Republican checkers? They may greatly underestimate Trump to their detriment. I really hope so, it would be nice to see us turn this country away from the socialist iceberg.

Trump’s State of the Union Address

Since being locked out of the House by Nancy Pelosi, President Trump has searched far and wide for a new venue for this critical speech. Trump spokesman, Sarah Sanders said this is the first time that Trump has been locked out of the House since Melina learned about Stormy Daniels

Melina Trump

Using his Twitter account, Trump described Nancy Pelosi as a classic three bagger and deeply regrets ever inviting her into the White House. He says this was a moment of weakness on his part.

In response to a reporter question on Twitter, Trump said the Democrats really had to hit below the belt to dredge-up a Speaker that would make him miss John Bonheur

Donald Trump–the first Twitter President

At the behest of Republican political consultants and select CNN viewers, Trump has chosen a Taos, New Mexico, On The Border Restaurant, as the new site of this important annual address to the American people. 

On The Border–Fresh Mex served daily

Representative Alexandria Ocasio-Cortez, (D-N.Y) is angry that she can’t attend the speech to protest president Trump’s policies. Apparently, due to the government shutdown, she can’t get her passport renewed in time to enter New Mexico.

Alexandria Ocasio-Cortez–the future of the Democrat Party

MSNBC is threatening not to carry the speech because Trump has arranged private funding to fly to New Mexico. In this case, the issue is not the funding itself but the fact that principle sponsors are Rent-A-Fence and Tostitos.

Rent-A-Fence–official Trump SOTU sponsor

Jesus Supports the Border Wall

A decade or so ago, it was fashionable to ask, “What would Jesus do?” Many people would walk around with little bracelets with the initials WWJD on their wrist. Today I would like to point out that the Bible talks about walls too. In fact Jesus himself addressed the issue directly:

“Very truly I tell you Pharisees, anyone who does not enter the sheep pen by the gate, but climbs in by some other way, is a thief and a robber. The one who enters by the gate is the shepherd of the sheep. The gatekeeper opens the gate for him, and the sheep listen to his voice. He calls his own sheep by name and leads them out. When he has brought out all his own, he goes on ahead of them, and his sheep follow him because they know his voice. But they will never follow a stranger; in fact, they will run away from him because they do not recognize a stranger’s voice.” Jesus used this figure of speech, but the Pharisees did not understand what he was telling them. Therefore Jesus said again, “Very truly I tell you, I am the gate for the sheep. All who have come before me are thieves and robbers, but the sheep have not listened to them. I am the gate; whoever enters through me will be saved. They will come in and go out, and find pasture. The thief comes only to steal and kill and destroy; I have come that they may have life, and have it to the full. “I am the good shepherd. The good shepherd lays down his life for the sheep.
John 10:1-11 (emphasis added)

This ladies and gents is Trump’s argument for the wall, enter thru the gate and be welcome, hop the fence and you are lawbreakers come to kill American citizens, steal from American taxpayers, and destroy the American way of life.

Please note that the Pharisees (for our purposes substitute Liberals or Democrats) don’t understand what they were being told.

Case in point, I mentioned the stunt the other day when people hopped the wall at Nancy Pelosi’s house and claimed to seek refuge as they were from Guatemala. I said that I thought it was funny and a clever way to illustrate the hypocrisy that a wall is OK from rich Democrats like her but giving the same protection to the American people is immoral?

Activists Jump Nancy Pelosi’s Mansion Wall With Illegal Immigrants, Demand Entry To Her Home

My coworker, thought it was wrong for anyone to hop the fence around her house but he saw no connection to the border wall dispute. I explained it to him and he still didn’t understand. Ironically, he said they should enter by the gate if they want in. No wonder Jesus said things like, “for those that have ears let them hear.”

Jesus “I am the gate”

The Bible also has much to say about respecting boundaries and property lines and specifically calls it a sin to tamper with such. Also the Bible is very committed to the principle that the foreigner is expected to follow the religious and civil laws of Israel when they are within its borders including honoring the labor and Sabbath laws. In fact this like treatment of citizen and sojourner is part of the Western (Christian) basis for equal protection under the law, not that anyone in a government school would ever acknowledge this fact.

So if Trump is on Jesus’ side, where does that leave Pelosi, Schumer, et al? Why with the liars, murders, and thieves. If you have any doubt just look at their views on abortion. No wonder the Democrats are screaming like demons; they work with them.

Mitch McConnell Flakes on Wall

Earlier this week, Senate Majority Leader, Mitch McConnell, counted heads and quickly concluded that he didn’t have the votes to fund the border wall/fence/barrier. Thus he unilaterally threw in the towel and didn’t even try to fight for funding when the Senate voted to pass a continuing spending resolution to keep the government funded for another seven weeks. Instead, he just said let’s fund everything else and the President will have to try again later. The Senate voted and everyone in D.C. thought it was time to go home.

The Senate approved a seven-week funding bill on Wednesday, preventing a partial government shutdown that was expected to begin on Saturday.
Senators passed the legislation by voice vote, which represented the final item on the Senate’s to-do list as they wrap up their work for the year this week.

Republican senators say that while they believe Trump is unhappy with Congress passing a short-term fix, they believe he will sign it because they were able to keep other controversial policy riders off of it.

But both sides remained far apart on funding for the U.S.–Mexico border wall. Trump and House Republicans want $5 billion for the wall.


Senate approves funding bill, preventing partial government shutdown

Later that same day, Nancy Pelosi was seen partying like it was 1992 because Democrats (and some Republicans) had stopped President Trump in his tracks with a clear message that he would get no border protection.

The video was the lead item as of Thursday morning on the Drudge Report, which suggested that Pelosi was celebrating President Trump’s decision to back off his demand that a government funding bill this week include $5 billion to build a wall along the U.S.-Mexico border.

Video shows Pelosi singing at Crowley goodbye party

The following day, Trump threw the D.C. Elites in a tizzy when he said that he expects a border wall to be part of the bill and will shutdown the government until he gets it. Had he been any other Republican, he would have rolled-over and just signed the continuing resolution; but thankfully Trump has a spine.

Now the boys in the Senate are scurrying around like cockroaches trying to decide what to do. It’s bad form to leave The Beltway to go home on vacation while the folks in D.C. are going without a paycheck. The optics of this are terrible. Too bad for them that the House threw this mess right back at them—the ingrates—and are forcing them to act. This is not the congeniality that is expected of Senators. The Senate is the saucer and is expected to cool the tea of the House’s rash action or so the story goes.

Conventional wisdoms is that this is Trump’s best chance at funding the wall for the next two years and everybody knows it. Whether he ultimately prevails in the next few days, I boldly predict that the wall will be funded before Trump takes the oath of office again. If Congress fails to act, Trump will hang this issue around the Democrat’s necks like a wreath of garlic on Dracula’s throat until Democrats are tired of being associated with the issue. Just to make him shut-up, the Democrats will eventually deal.

Note to Senators, Trump is making a list (of how you vote) checking it twice, he has a long memory of who is naughty or nice. Remember this before you plan your next campaign for re-election.

Surprise, this just in: Senators may have an agreed framework to give Trump what he wants to avoid a government shutdown.

Sen. Bob Corker (R-Tenn.), emerging from a meeting in Senate Majority Leader Mitch McConnell’s (R-Ky.) office, said Friday that Senate leaders have an “agreement” on how to proceed on a House-passed measure funding President Trump’s border wall.

McConnell and Senate Democratic Leader Charles Schumer (N.Y.) are expected to enter into the agreement on the Senate floor.
“This is will be an agreement between McConnell and Schumer about what next happens on the Senate floor. You’ll see them to enter into a little discussion,” Corker said. “It charts the course forward that gives us the best chance of actually coming to a solution.”

The potential breakthrough comes after Schumer met with Vice President Pence, incoming White House chief of staff Mick Mulvaney and White House advisor Jared Kushner on Friday afternoon.

Corker: Breakthrough reached in shutdown stalemate

Obama’s Next Move On Immigration

After breaking the tablets of the Law on television last night, President Obama is reportedly traveling to an undisclosed location in Texas today where he will lay his teleprompter across the Rio Grande River so his new sheep can walk into the Promised Land on dry ground. Only after kissing his ring and pledging fealty will they be granted a permanent stay.

Employer Perspective on SSN and “No Match” Letters

Most people I’ve heard today talking about the almost October surprise that Gloria Allred sprung on Meg Whitman don’t know what they are talking about. Since most folks never get to sign the front of a paycheck, they are uninformed about how businesses deal with hiring and firing of employees.

First, an employer will interview candidates for a job.  Then they will make an offer to hire someone. At that point the employee is supposed to provide the necessary documents for an I-9 form. The employer has to accept the documents at face value. There is no legal requirement to make copies of the documents or attempt to verify their authenticity. In fact the employer is subjecting himself to legal peril if they rescind an employment offer on the basis of identification documents. At most places where I have worked, we kept copies of the I-9 and supporting documents in the employee files. Also, there is no government agency that an employer can send the documents to for verification if they have a doubt.

Please note that you do not need to show a Social Security Number (SSN) as a condition of employment. The card is only one of a litany of documents that can be submitted for identification purposes.

Nothing more happens with an employee SSN until year end taxes are filed. The W-2s are submitted to the Social Security Administration (SSA). If the name on the W-2 does not match the name on file with the Social Security Administration, they will eventually send the employer a “Don’t Match” letter. This letter has language that many people would be surprised to see. Two points I would like to highlight concerning this letter. It is illegal to terminate an employee if their SSN does not agree with their name. The letter also makes it clear that this is a matter between the Social Security Administration and the employee.

“Employers should not assume that the mismatch is the result of any wrongdoing on the part of the employee. Moreover, an employer who takes action against an employee based on nothing more substantial than a mismatch letter may, in fact, violate the law.”

“An employer that receives such a letter and terminates employees without attempting to resolve the mismatches, or who treats employees differently based upon national origin or other prohibited characteristics, may be found to have engaged in unlawful discrimination.”

http://www.ssa.gov/employer/ICEinsert.pdf

In most cases, by the time an employer gets a “No Match” letter, the employee is no longer with the company. These letters are simply a multi-column list of social security numbers. The employer must look-up each number to find the name associated with the number.

If employer attempts to verify the name and SSN, the government will not help. They will only say if it matches or does not match. They won’t tell you what is wrong. This is especially frustrating when dealing with folks from south of the border. The SSN template cannot deal with the way Spanish people are named. SSA wants first name, middle initial and last name. I’ve seen Spanish employees that have six names by our government’s way of reckoning.

For example if you hire Mario de Jesus Garcia Esperonza, how do you make him fit the First name, middle initial, last name format? Also, many Spanish folks are barely literate in their own language and they know no English. It is common to see their first and last names transposed on their documents. Is he Valentine Edwardo or Edwardo Valentine? Again, SSA can’t deal with properly documenting Spanish names and won’t help correct errors when they occur.

One year I went thru this with 75 employees and we never could successfully resolve a single instance of “No Match”. The E-Verify system was not any better plus it was all tied to my personal SSN and not the employer tax ID number. I left the company over three years ago and as far as I know, my SSN is still tied to their employee verification account with SSA.

Lastly, the ACLU took the “No Match” letters to court in 2007 and got a favorable ruling that blocked the SSA from sending employers “No Match” letters. Here is their press release. http://www.aclu.org/immigrants-rights/court-blocks-government-implementing-flawed-social-security-no-match-rule

I don’t know how this court action was resolved or if it has been. It appears likely that the letters are still blocked. They certainly were when the current Administration came to power. Given the political leanings of President Obama, I doubt he would fight hard to have the government begin issuing these letters any time soon.

My Turn on the Immigration Bill

I have been listening to the debate over the proposed immigration bill for several weeks. The bottom line is that supporters say they must do something about immigration. Their basic argument in support of this law is that the current system is broken. Supporters argue that this bill will fix the problem. They say trust us, we will replace the laws that aren’t enforced now with more laws that have no enforcement mechanisms. We make all illegals legal and then there is no problem.

I have heard members of Congress, administration officials, staff from The Wall Street Journal and others claiming to support the bill try to argue in favor of this legislation but they cannot cite why this bill is better than current law and more importantly how this law will fix the problem of illegal immigration once and for all.

The bill’s supporters are utilizing emotional arguments both in favor of the bill and also to attack its opponents. Anyone that opposes this bill is a racist, bigot, Nazi, xenophobe. Facts are not relevant to this discussion. I have not heard a single person who says that they favor the bill try to argue the merits of the legislation by citing chapter and verse from this wonderful compromise worked out in secret. Ultimately supporters claim that President Bush will sign it so it must be ok.

What a joke! President Bush will sign anything that Congress gives to him no matter how bad, unconstitutional or fiscally irresponsible. He holds the all-time record for the fewest vetoes of any President in history. He has vetoed only one bill and that was after almost six years in office!

I am in favor of immigration by legal means. I wish the numbers allowed were at least doubled if not tripled from what they are now. Let folks in legally; lots of them.

The bill’s approach of granting blanket amnesty to all illegals is a national security nightmare. There is no agency assigned to do background checks, no money to hire manpower for the checks and no responsible agency assigned by the legislation. 24 hours for a background check and then a visa that will be good for the rest of your life is just stupid. What database will be used for the check? If we can’t even stop the Virginia Tech shooter from buying firearms through legal means including a background check, why do we think we will catch some terrorist from Jordan before he is given legitimate papers when twenty million people try simultaneously to get their background checks?

We have had a check-in/check-out law on the books for eleven years for legal visitors and it still does not work. The FBI and Department of Homeland Security have had major computer issues since the 9/11 attacks. Now the same people who created and funded these notable computer failures think we can create a nationwide system from scratch in 18 month that will screen people from every corner of the globe!

There needs to be as much time as necessary to do the background checks. The visas much have expiration dates and renewal requirements.

We need to secure the borders before any regularization program for illegals is adopted.

The cornerstone of making the system work needs to be employer verification. Only one or two forms of identification should be allowed for employment. These identification documents must be verified by the government prior to employment. If employee information is suspect either at hire or due to errors later found by the Internal Revenue or Social Security Administration, the employer needs both the legal right to terminate and the legal protection not to be sued by some ACLU type if they do.

If the borders are secured and the employer is empowered to check-up on new hires, the economic draw for illegal immigration will be drastically reduced.