There follows a lengthy deconstruction of Tamar's arguments (this takes a long time, I've done it myself) but for blog purposes I'll extract one:
Jacoby notes that when Swift & Company "tried inquiring" more deeply into the backgrounds of job applicants, it was "sued for discrimination by the Justice Department." Couldn't President Bush—if he cares so much about workplace enforcement—have told the Justice Department to cut it out? If a conservative Republican president won't rule out crying "discrimination" when immigration laws are applied, why do we think a liberal Democratic administration will? Our idea doesn't work! Let's do it!- By Mickey Kaus - Slate Magazine
See here for Bush's normal attitude to workplace enforcement, here for his "feeling the heat" attitude, and see Marcus Epstein's Indiscriminate Anti-Discrimination Enforcement: Why Is It Illegal To Check For Illegals for the crazy activities of the Office of Special Counsel for Immigration Related Unfair Employment Practices .