{"id":5195,"date":"2004-12-15T07:42:05","date_gmt":"2004-12-15T11:42:05","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/formerlyknownas\/2004\/12\/15\/should-we-disbar-nanny-scoffl"},"modified":"2011-08-05T14:58:08","modified_gmt":"2011-08-05T18:58:08","slug":"should-we-disbar-nanny-scofflaws","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2004\/12\/15\/should-we-disbar-nanny-scofflaws\/","title":{"rendered":"should we disbar nanny-scofflaws?"},"content":{"rendered":"

L<\/strong><\/em>ast night, Ted Koppell on <\/font><\/font>Nightline<\/font><\/a> focused on “the reasons so many are willing to hire illegal employees.”<\/font><\/font><\/p>\n

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One guest kept “explaining” that the law is not enforced because it is “a weak law.” I kept thinking: It’s not<\/font> enforced because too many government lawyers have illegal domestic workers or have friends who do. <\/font><\/p>\n

This morning, the Baltimore Sun <\/em>continues that theme (“<\/font>Parents often turn a blind eye, hiring nannies illegally in U.S<\/font><\/a>,” <\/font><\/font>by Ellen Gamerman, Dec. 15, 2004; free reg. req’d)<\/font>, saying:<\/font><\/font><\/p>\n

The issue of illegal nannies only seems to come up around Senate confirmation time. But in fact,<\/font> illegal nannies are commonplace in cities where affluent two-career couples are raising children. <\/font>Around Washington, people are especially aware of the political risks of employing an undocumented<\/font> domestic worker, but that often doesn’t stop them from hiring them. <\/font><\/p>\n

“I was just at a party, and we were <\/font>talking about the Kerik thing and two of our friends immediately<\/font><\/font> volunteered, ‘We’re never going to go <\/font>for a Cabinet position,'” says Jonathan Turley, a George Washington <\/font><\/font>University law professor, referring <\/font>to the new D.C. code language used by those employing illegal domestic <\/font><\/font>help. “You have very conservative, <\/font>l<\/font>aw-and-order parents who do not hesitate to violate federal law.”<\/font><\/font><\/p>\n

… ” The blurring of the law can present opportunity for illegal workers but also expose them to poor pay, physical <\/font>mistreatment and few protections. Still, while hiring an undocumented nanny is illegal, not everyone considers it <\/font>a real crime.”<\/font> <\/font><\/font><\/p><\/blockquote>\n<\/blockquote>\n

\"jailbird [see Dec. 16, 2004, update<\/em> below] Despite the Washington Post’s <\/em>“<\/font>Correction<\/font><\/a>” yesterday, stating that Lani Guinier “had no such [domestic <\/font>worker] <\/font>problem,” the Sun<\/em> notes that Law Professor Guinier “was Clinton’s pick to direct the Justice Department’s civil rights <\/font><\/font>division, and though Clinton cited her legal writings on race for ditching her nomination, she too failed to pay taxes <\/font>on a domestic worker.” (See our prior <\/font>post<\/font><\/a>.)<\/font><\/p>\n

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