To What Degree Do Lower Courts Enforce Immigration Law in Civil Lawsuits that Deal with Other Matters?
Author: immigration attorney Alena Shautsova
Statistics show that lower courts are more inclined to ignore your immigration status in an employment civil suit than rule against you because of it. This fact was reported by a Homeland Security News Wire publication that discussed a research study done by Law and Labor and Employment Relations Professor Michael LeRoy.
The study addressed a 10-year period between 2002 and 2012. It found that in lower courts the Fair Labor Standards Act prevails and workers get paid regardless of their legal status. In some cases, courts found evidence that worked in an immigrant employee’s favor ― facts such as employers had unclean hands and failed to verify immigration status or they employed immigrants while knowing about illegal status. Immigrant plaintiffs seeking rightful pay won on the average between 53.3 and 77.1 percent of the courts’ decisions.
This study’s finding was the complete opposite of well-known court case reviewed by the Supreme Court, called Hoffman Plastic Compounds, Inc. v. National Labor Relations Board. In this 2002 case that involved an unlawful firing, the Supreme Court ruled to bar the undocumented employee from receiving back pay based on the employee’s illegal immigration status.
Of course, every case is unique and no one knows for sure how a judge will rule or what the final outcome will be. However, it is always wise for an immigrant to consult a New York immigration lawyer before taking legal action of any kind. Get a legal opinion about whether a lawsuit could jeopardize your immigration status and protect your rights.