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Senators seek probe of claims US workers fired, forced to train foreign replacements

A popular visa program allegedly is being misused by U.S. companies to lay off thousands of American workers and replace them with foreign labor.
And, adding insult to injury, many of the laid-off workers allegedly have been forced to train their replacements, in what one anonymous whistleblower called a “humiliating” experience.
The allegations have caught the attention of a bipartisan group of senators -- including immigration hawk Sen. Jeff Sessions, R-Ala., and the No. 2 Senate Democrat, Illinois’ Dick Durbin -- who are calling for a federal probe. A letter sent by 10 senators urging an investigation specifically cited reports of the firing and hiring practices at Southern California Edison, California's second-largest utility. The incidents are concentrated in the IT field, and involve American workers being replaced by H-1B visa holders.
“A number of U.S. employers, including some large, well-known, publicly-traded corporations, have reportedly laid off thousands of American workers and replaced them with H-1B visa holders,” the senators wrote.
In the letter to Attorney General Eric Holder, Homeland Security Secretary Jeh Johnson, and Labor Secretary Thomas Perez, the senators urged the departments to “investigate the unacceptable replacement of American workers” to see whether laws were broken.
The H-1B program is supposed to be used to bring in, on a temporary basis, skilled workers with highly specialized skills not readily available in the U.S. They are often used in the technology sector to bring in engineers and computer programmers.
Further, U.S. employers can hire foreign workers for up to six years and must pay them the same rate they would pay other workers with similar qualifications, or the prevailing wage for that job and location, whichever is higher. This is done to prevent foreign workers from depressing U.S. wages and from being exploited.
But reports have surfaced that the replacements are happening at an alarming rate. And former Southern California Edison workers have complained to lawmakers that they were replaced by less-skilled workers at lower costs.
Anonymous workers who were displaced by the visa holders also submitted written testimonials to lawmakers detailing their firings. Several claimed they were forced to train their replacements, and threatened with losing their severance if they did not.
“We had no choice in this,” one anonymous worker who claimed to have been one of those let go from Southern California Edison, said in a letter. The worker described how when the two vendors were picked – Infosys and TCS, both major Indian companies – SCE employees were told to “sit with, video chat or do whatever was needed to teach them our systems.”
If they did not cooperate, according to the testimonial, “we would be fired and not receive a severance package.”
Another worker described this process as “humiliating.”
In a statement, Southern California Edison said it abides by the law and will cooperate with any investigation that concerns the issues mentioned in the senators' letter.
The company explained that it's reducing its information technology department from 1,400 to 860. Of those left, 97 percent are permanent California residents and 3 percent are on H-1B visas.
Southern California Edison said it's contracting with IT vendors to fulfill certain contracts and that most of those workers are permanent U.S. residents and aren't working under H-1B visas.
"By transitioning some IT operations to external vendors, along with SCE eliminating some customized functions it will no longer provide, the company will focus on making significant, strategic changes that can benefit our customers," Southern California Edison's emailed statement read.
But the senators, in their letter, raised several questions about how the replacements were being done. They said it appears the workers are often not employees of the U.S. company laying off workers – but are contractors working for foreign-owned IT consultants.
The H-1B program stipulates that applicants must have a valid “employer-employee relationship” – and the senators questioned whether that was the case here.
They also asked whether the companies “engaged in prohibited citizenship status discrimination” (against American citizens); and whether the visa petitions showed “any evidence of misrepresentation or fraud.”
Sessions said in a statement that the SCE allegations “ought to be the tipping point that finally compels Washington to take needed actions to protect American workers.”
The letter from senators follows a hearing last month by the Senate Judiciary Committee, which invited Southern California Edison to testify, though the company declined.
Ronil Hira, a professor at Howard University, said at the hearing that the utility outsourced work to two companies, and those companies employed H-1B staffers who were then trained by the employees they were replacing. "There could not be a clearer case of the H-1B program being used to harm American workers' wages and working conditions," Hira said.
Republican senators seeking the investigation are Sessions, Charles Grassley of Iowa, James Inhofe of Oklahoma, and Bill Cassidy and David Vitter of Louisiana.
Democratic senators seeking the investigation are Durbin, Richard Blumenthal of Connecticut, Sherrod Brown of Ohio and Claire McCaskill of Missouri.
Sen. Bernie Sanders, an independent from Vermont, also signed the letter.

Holder warns DOJ employees against soliciting prostitutes

Attorney General Eric Holder sent a memo to employees of the Department of Justice Friday, reminding them that soliciting prostitutes is against agency rules and that violation of those rules could lead to suspension or termination.
“The solicitation of prostitution threatens the core mission of the Department, not simply because it invites extortion, blackmail, and leaks of sensitive or classified information, but also because it undermines the Department's efforts to eradicate the scourge of human trafficking,” the memo said.
The memo was sent weeks after a Justice Department watchdog report alleged several Drug Enforcement Administration agents attended "sex parties" with prostitutes in an unnamed “host country” paid for by local drug cartels.
The alleged parties took place over a period of several years. According to the report by the Justice Department inspector general, the parties were even held in agents' U.S. government-leased quarters.
The IG report found such allegations often went unreported or underreported, or were not pursued properly.
Holder said in the memo Friday that the prohibition on soliciting prostitutes also applies when employees are off duty, or in a foreign country where prostitution is legal.
The Department of Justice is in the process of reviewing security clearances of the DEA employees who attended the parties, and is investigating the disciplinary process following the accusations of sexual misconduct, a senior law enforcement official told Fox News.
"Department leadership takes very seriously the allegations laid out in the IG's report and acted quickly to remind all employees that they are prohibited from participating in commercial sex acts and will be suspended or terminated for violating the policy,” a Justice Department spokeswoman said in a statement Friday.

Political guns? GOP hopefuls take swipes at Obama, Clinton at national NRA conference

Florida Sen. Marco Rubio took aim Friday at President Obama and Washington lawmakers over gun control measures during a speech at the National Rifle Association’s annual meeting in Tennessee.
“The constitutional right to bear arms is constantly in jeopardy,” Rubio told the crowd during his 10-minute speech. “Our people have a right that must never be denied.”
Rubio, who is expected to formally enter the race for the White House on Monday, was among a group of potential GOP presidential candidates speaking at the Nashville convention.
Rubio’s anti-gun control remarks turned into broad criticism of Obama, whom he called “a weak president” and said the only thing Obama strengthened during his time in the Oval Office “has been his own unlawful power.”
Wisconsin Gov. Scott Walker took a jab at former Secretary of State Hillary Clinton’s record, telling attendees, “She actually gave Russia a reset button! A reset button!”
“I wonder what her campaign slogan will be?” Louisiana Gov. Bobby Jindal asked the crowd: “It may be - what difference does it make?”
Clinton is expected to announce her second run for the presidency on Sunday.
The NRA has become a national stage for Republicans considering a run for the Oval Office. This year, nearly 70,000 people are expected to participate in the three-day gathering in Nashville.
Wayne LaPierre, the NRA’s CEO, said the gun lobby would stand “shoulder to shoulder” to prevent Clinton from being the country’s next president.
The NRA’s annual meeting is the third gathering of possible GOP hopefuls this year. All of the speakers at the event who have held public office also have an A-rating from the politically powerful gun rights organization.
NRA spokeswoman Jennifer Barker said the lineup of speakers “all bring unique life experiences” to the stage.
Among the other headliners: From Texas, Sen. Ted Cruz and former Gov. Rick Perry; from Florida, former Gov. Jeb Bush; former Sen. Rick Santorum of Pennsylvania; Sen. Lindsey Graham of South Carolina; and neurosurgeon Ben Carson.
Kentucky Sen. Rand Paul, who officially launched his presidential campaign Tuesday, did not attend due to a campaign event in Iowa. New Jersey Gov. Chris Christie, who has a C-rating from the NRA, also did not attend.
Former vice presidential candidate Sarah Palin and Indiana Gov. Mike Pence were scheduled to attend but canceled their appearances.
Opposing groups are planning rallies near the NRA event Saturday to press for more gun safety laws.

IG to review ‘special’ program that let Clinton aide Huma Abedin have 2 jobs

The State Department inspector general plans to review a controversial program that allowed a longtime Hillary Clinton aide to work for a private firm at the same time she was working for the former secretary of state.
Sen. Chuck Grassley, R-Iowa, who originally sought a probe of Huma Abedin’s job status citing conflict of interest concerns, revealed the development on Friday – releasing a letter from Inspector General Steve Linick confirming the review.
Grassley’s questions centered on how Abedin was allowed to work as a top assistant to then-Secretary of State Clinton under a special, part-time status while also being employed at a politically connected consulting firm.
She was able to do so under a status known as “Special Government Employee.”
Linick said in his letter that his office “intends to examine the Department’s SGE program to determine if it conforms to applicable legal and policy requirements, including whether or not the program, as implemented, includes safeguards against conflicts of interest.”
The decision comes as the IG also looks at department email practices, following the revelation that Clinton exclusively used personal email, on a private server, while secretary of state. That controversy prompted Grassley, last month, to revive his long-running concerns about Abedin – questioning whether her emails would even be accessible to those looking into her records, as she reportedly was on Clinton’s server.
Grassley hailed the IG’s decision to start looking into the SGE program.
“This program is meant to be used in a limited way to give the government special expertise it can’t get otherwise,” Grassley said in a statement on Friday. “An inspector general review is necessary. Available information suggests that in at least one case, the State Department gave the special status for employee convenience, not public benefit.”
Abedin is married to former Democratic Rep. Anthony Weiner, who resigned after a sexting scandal.
Grassley’s inquiries on the SGE status started in 2013, when he requested all communications between Abedin, after she switched from a full-time deputy chief of staff for Clinton to a part-timer, then started working for Teneo, a consulting firm that says it “brings together the disciplines of government and public affairs.”
“A number of conflict-of-interest concerns arise when a government employee is simultaneously being paid by a private company,” Grassley said in a March 19 letter to Secretary of State John Kerry that also raised concerns about Abedin and other department employees appearing to have been “improperly categorized” as SGEs.
Grassley said at the time the department’s answers so far were “largely unresponsive” and pointed to a November 2014 response that in part states “an individual may receive an SGE designation if he or she is joining the department from the private sector or is coming from another government position.”
However, Abedin came neither from the private sector nor another government position, Grassley argued.
Grassley also said the purpose of the SGE program is to help the government get temporary services from people with special knowledge and skills whose principal employment is outside the government.
A July 2013 letter from the department to Grassley said Abedin worked full-time from January 2009 to June 2012.
The State Department says Abedin was then an SGE until February 2013, essentially doing the same job that she did as a full-time employee, advising on Clinton’s schedule and travel. It also states she reviewed department ethics guidelines but was allowed to work part-time without a new security clearance.

Coexist Cartoon

Jabs at Pelosi latest sign of friction in Dem ranks

With a leadership transition on the horizon on Capitol Hill and President Obama entering his final two years in office, cracks are beginning to show in the Democratic Party.
Most recently, two House Democrats spoke out against their longtime and powerful leader, Nancy Pelosi.
Massachusetts Democratic Rep. Stephen Lynch said on WGBH’s Greater Boston that it’s time for the House Democratic leader to step aside.
"Nancy Pelosi is not going to lead the Democrats back into the majority," Lynch said.
Fellow Massachusetts Rep. Michael Capuano, who led Pelosi’s transition in 2006 when she was elected speaker, said on the same program that she should leave leadership or change her approach.
"I think we need leadership that understands that, if something you're doing is not working ... change what you're doing," Capuano said.
Capuano later clarified, saying: “Any leader who refuses to change in the face of failure should step aside. I believe, however, that Nancy Pelosi is making the changes necessary to lead House Democrats back to electoral success, and I still believe she will do so.”
Still, both lawmakers had supported Pelosi for the post in January, despite her presiding over significant party losses in the midterms.
In another sign of internal frustration in the party, freshman Rep. Seth Moulton, D-Mass., is now calling for lawmakers to hold elections to determine committee chairs – instead of following a seniority-based process.
Former Indiana Democratic Sen. Evan Bayh told Fox News the developments indicate “frustration because they're in the minority, a substantial minority, and you just can't get much done usually in that situation so that's kind of bubbling up.”
He said: The reality is that with -- if you're gonna get the majority again in the House, they've gotta win swing districts or even somewhat, you know, little red districts. And with all the moderates having been defeated in recent years, if the party moved to the left in the House, that's just not a great political strategy for getting back the majority in the House.”
Across the Capitol, Senate leadership is going through a significant transition.
Senate Democratic Leader Harry Reid announced recently he would not seek re-election, and New York’s Chuck Schumer quickly rallied support for his bid to succeed Reid.
That included convincing the man ahead of him in Democratic leadership – Illinois’ Dick Durbin.
Yet when Durbin aides suggested the two had a handshake agreement on a mutual endorsement (for Durbin to be whip), Schumer spokesman Matt House told reporters: "That did not happen and they know that."
Schumer has also jabbed the White House on its Iran nuclear framework announced last week, saying he strongly believes Congress should have the right to disapprove any agreement and supports a bill allowing that.
Meanwhile, as Obama tries to generate momentum for a Trans-Pacific Partnership trade deal, Massachusetts Democratic Sen. Elizabeth Warren said it should raise “alarm bells” for everyone, and has accused the administration of lacking transparency.
"They refuse to make the text of the trade agreement public. If they are sure that they fixed this problem, they need to show us the new provisions, not wave their hands around and say don't worry," Warren said on an Alliance for Justice conference call on March 11.
Bayh, though, suggested the friction now could give way to better times soon for Democrats.
“I do think with a new president, potentially new leaders, certainly for Democrats in the Senate --who knows about the House -- there may be a season for governing where people might actually find more common ground, starting all over with a blank sheet of paper,” Bayh said. “That would be a good thing for the country.”

Kerry meets Cuba foreign minister in countries' highest-level talks in decades

U.S. Secretary of State John Kerry met his Cuban counterpart in Panama late Thursday in the highest-level discussion between representatives of Washington and Havana in more than 50 years.
The State Department said Kerry met Cuba Foreign Minister Bruno Rodriguez ahead of the Summit of the Americas, which begins Friday. A senior State Department official described the discussion between Kerry and Rodriguez as "lengthy and very constructive", but provided few details.
Reuters reported that the meeting in the restaurant of a Panama City hotel lasted for at least two hours, with Kerry occasionally gesticulating toward Rodriguez.
U.S. President Barack Obama and Cuban leader Raul Castro are also in Panama to attend the summit. The two leaders are expected to interact in some form Friday, though no formal meeting is scheduled. This year marks Cuba's first appearance at the Summit of the Americas, which have been seven times since 1994.
In December, Obama and Castro announced their intention to restore diplomatic relations, beginning a painstaking process that has brought to the surface difficult issues that have long fed in to the U.S.-Cuban estrangement. Hopes of reopening embassies in Havana and Washington before the summit failed to materialize. The U.S. is still pushing Cuba to allow more freedom of movement for its diplomats, while Cuba wants relief from a sanctions regime that only Congress can fully lift.
Most controversially, some White House officials have indicated that the State Department is poised to recommend that Cuba be removed from its list of state sponsors of terrorism. Cuba has been on the list since 1982.
While in Jamaica on Wednesday, Obama signaled that he will soon act to remove Cuba from the list, a move that could come within days.
"We don't want to be imprisoned by the past," Obama said in Kingston, before flying to Panama City. "When something doesn't work for 50 years, you don't just keep on doing it. You try something new."