Chertoff Undeterred by Court Ruling

The Bush Administration is considering its options in the wake of a Federal court ruling that struck down a key piece of the Administration's immigration enforcement push. Earlier this week, Federal District Court Judge Charles Breyer, brother of Supreme Court Justice Steven Breyer, suspended the application of a new Department of Homeland Security rule that would have forced employers to fire workers that couldn't provide matching Social Security records within 90 days of notice by the Social Security Administration. The judge based his ruling on the government's failure to follow proper procedures for issuing a new rule.

In a press release, the White House highlights the comments of Homeland Security Secretary Michael Chertoff, himself a former Federal judge, on the Fox News program Your World. Chertoff places the responsibility for hiring legal workers squarely on the employer and says that his Department will continue to hole employers accountable if they knowingly hire illegal workers. Chertoff told interviewer Neil Cavuto that the government disagreed with the judge's characterization of the rule, referring to it as guidance.

"I think most employers, though, are willing to comply with the law if they get clear guidance about how to do it.

And that's really what this regulation was about. It's giving clear guidance about how to comply with the law and make sure your employees are legal."

He went on to caution employers not to see the ruling as an invitation to become lax in checking potential workers' status, saying that the ruling did not amount to a "holiday from law enforcement."

The Bush Administration would like to convince skeptical conservatives that it is willing to enforce the nation's immigration laws robustly in order to win maneuvering room to make another attempt at immigration reform. Chertoff was sure to point out the Administration's enforcement success in the interview. "And I think we're beginning to see some effects, because we are getting complaints, frankly, from the business community about the vigor of our enforcement," he told Cavuto. Chertoff's department, along with the State Department and the Department of Labor have already begun the process of reviewing certain visa programs in a bid to bring the issue back to the front burner. The court's ruling is a setback to ground laying efforts among conservatives on the part of the Administration. That explains the fervent pushback and tough talk from Chertoff. If the Administration won't vigorously build fences to stem illegal immigration, it at least wants to be seen as mending fences with its political base.