AFL-CIO President Richard Trumka (3rd L) marches with Jack Ahern, President of the NYC Central Labor Council (3rd R) and other leaders at a rally in New York, N.Y. (AP)
Two of the country’s most powerful and politically
influential labor unions are backing President Obama in the recent court
challenge to his 2014 executive action on illegal immigration, saying they
support the president’s effort because "undocumented workers" need
more workplace protection and their participation helps the U.S. economy.
The AFL-CIO and the National Education Association
on Monday each filed so-called amicus briefs in a federal appeals court case in
which Texas and 26 other states are challenges the president’s 2014 memorandum
on illegal immigration.
The memorandum essentially expands work
authorization and delayed-deportation programs for illegal immigrants. And it
provides similar opportunities for the parents of U.S. citizens or legal
permanent residents.
The AFL-CIO’s 36-page brief essentially argues that
Texas lacks the so-called “legal standing” to challenge the memorandum and that
the administration didn’t violate procedural requirements in issuing the order.
However, the union also makes very clear its
interest in the outcome of the proceedings.
“First, through existing collective bargaining
relationships, AFL-CIO affiliates represent many undocumented workers in
workplaces throughout the country,” according to the brief by the AFL-CIO, the
country’s bigger union collective, with 56 unions representing roughly 12
million workers and retired workers.
Union lawyers argue such workers have substantive
protection under labor and employment law but not to a “full range of remedies”
when such laws are violated.
Such workers are not entitled to back pay under the
National Labor Relations Act and are vulnerable to employer retaliation if they
complain about violations, the lawyers argue.
“Secondly, this lack of legal remedies and
vulnerability to retaliation creates an incentive for some unscrupulous
employers to employ large numbers of undocumented workers at sub-standard wages
and working conditions,” they continue in the brief. “Law-abiding employers
must compete with these employers, making it more difficult for AFL-CIO
affiliate unions to raise wages and improve working conditions.”
Many critics of Obama’s plans to reform federal
immigration law without a vote in Congress say he is providing “amnesty” to
those who have entered the U.S. illegally. They also say his plans -- backed by
Americans companies and labor unions -- take away jobs from U.S. citizens.
"The labor unions, like Democratic politicians,
have decided to rely on importing the citizens of other nations to gain power
in this one. Of course this cancels out jobs and votes for Americans," a
GOP congressional aide told FoxNews.com on Saturday.
In 2004, the AFL-CIO spent $5.1 million in lobbying
and gave $8.7 million in political-related contributions, with no money going
to Republicans, according to OpenSecrets.org.
The entire case, Texas et al v. USA, started in
February when a federal judge granted the states a preliminary injunction,
which temporarily stops Obama’s 2014 plan from going into effect.
The U.S. government wants the injunction lifted so Obama's
actions can proceed but meanwhile has appealed the Texas court ruling to the
U.S. Court of Appeals for the 5th Circuit, in New Orleans, in which the amicus
briefs have been filed.
Obama's actions would prevent as many as 5 million
people who are in the U.S. illegally from being deported.
The 27 states also argue that the 2014 action is
unconstitutional and would force them to invest more in law enforcement, health
care and education.
The injunction is intended to stall Obama's actions
while the lawsuit progresses through the courts.
Obama's orders to expand a program that protects
young immigrants from deportation if they were brought to the U.S. illegally as
children was set to take effect Feb. 18. The part that would extend deportation
protections to the parents of U.S. citizens and permanent residents was slated
to begin on May 19.
The 44-page amicus brief from the American
Federation of Teachers includes seven other groups including ASPIRA -- the
largest national Latino organization in the country.
The document largely makes the case that all
children in the U.S. should have access to education for their “psychological,
emotional, and physical well-being” and that children in families in which at
least one member is an illegal immigrant should not be forced to live apart
from their parents.
A coalition of groups including the Service
Employees International Union, the second-largest public service union and a
big supporter of Democratic political candidates and organizations, filed an
amicus brief in the original case.
“The November 20, 2014 executive action on
immigration would have beneficial effects on the U.S. economy and U.S.
workers,” the brief states in part. “Temporary work authorization for those
immigrants who are eligible for deferred action will raise not only their
wages, but the wages of all Americans, which will in turn increase government
tax revenue and create new jobs.”
