Immigration Law › Civil Remedies

¿Puede un inmigrante indocumentado cobrar por daños causados por un accidente de tránsito?

Todos los días, inmigrantes indocumentados tienen accidentes automovilísticos y sufren lesiones. Sin embargo, muchos de estos inmigrantes indocumentados no buscan resarcimiento porque creen que no tienen derecho a...more

Can an undocumented immigrant recover damages after a car accident?

Every day, undocumented immigrants are involved in car accidents and suffer injuries. However, many of these undocumented immigrants do not seek compensation due to the fact that they believe they are not entitled to any...more

Immigration Alert: April 2013

In This Issue: Comprehensive Immigration Reform Debate Begins! USCIS Reports That H-1B Cap Is Reached in First Week; New Form I-9 Becomes Effective on May 7, 2013; CBP Announces Form I-94 Automation; DOS Permits Access to...more

Judge Rules for Same-Sex Marriage Partner Who Was Denied Immigration Benefits

On Friday, April 19, 2013, U.S. District Court Judge Consuelo Marshall in Los Angeles, CA, ruled that the U.S. Citizenship and Immigration Services (the “USCIS”) denied Jane Deleon equal protection of the law when it refused...more

Immigrants Await Results of Suit Against U.S. and Jefferson County, Illinois

It has now been more than two months since the National Immigrant Justice Center (“NIJC”) filed a lawsuit against officials of U.S. Immigration and Customs Enforcement (“ICE”) and Jefferson County, Illinois relating to the...more

Legal Aliens Have Right to Carry Concealed Weapons, Courts Say

A gun rights group is fighting in court to arm legal immigrants, filing lawsuits over the Second Amendment’s application to those who are in the country legally and want to tote weapons....more

H-2B Adjudication Temporarily Suspended

U.S. Citizenship and Immigration Services (“USCIS”) has temporarily suspended adjudication of most H-2B petitions for temporary non-agricultural workers in response to the Court order entered March 21, 2013 in Comite de Apoyo...more

Illegal Workers Can Recover Lost Wages for Texas Tort Claims

A recent decision from the Fifth District Court of Appeals in Dallas held that federal immigration laws do not preclude illegal workers from recovering damages, including lost wages, for Texas tort claims. ...more

New Year….New Laws: A Preview of 2013 Family Law Statutes

Each new year brings us new laws, and this year is no different. Some years there are more significant law changes than in others, but regardless of the significance or insignificance, each and every person is responsible...more

Agreement Reached On Oklahoma Illegal Immigration Law

On December 19, 2012, a challenge to portions of the Oklahoma Taxpayer and Citizen Protection Act of 2007 (HB 1804) was finally settled. As a result, Oklahoma public employers must continue to use E-Verify to verify the...more

Sheriff Joe Arpaio Loses Racial Profiling Appeal

Notorious Arizona Sheriff Joe Arpaio cannot order his henchmen to detain people based solely on suspicion that they are undocumented immigrants, a federal court ruled yesterday. The 9th U.S. Circuit Court of Appeals in...more

J-1 Interns and Trainees: What happened at Wyndham should stay at Wyndham

A recent Wall Street Journal article appeared about J-1 interns and trainees who had been placed at Wyndham Bonnet Creek Resort for what appeared to be bona fide internships in hotel and restaurant management. The young...more

How Will the Arizona Immigration Law Affect Education Law?

On April 25, 2012 the U.S. Supreme Court heard arguments regarding the constitutionality of the controversial Arizona immigration law. The Court’s decision on the Arizona law will have broad implications on schools across the...more

Two Distinct State Citizens For Purposes Of Diversity Of Citizenship

In any State of the Union, since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there are now two distinct state citizens. The first is recognized at Article IV, Section 2, Clause 1 of the...more

Johnson v. Whitehead, et. al

Petitioner's Reply to Respondent's Opposition to Certiorari

Petitioner's reply to the Solicitor General's Opposition to Certiorari. The Solicitor General challenged Petitioner's claim regarding the unconstitutionality of former 8 U.S.C. §1432 (a statute that discriminates based on...more

Despite Lawsuit, Immigration Enforcement Set to Resume in S.C.

Originally published in Midlands Biz November 1, 2011. Regardless of what happens with a recently filed lawsuit, state regulators plan to begin enforcement of employment law provisions that take effect New Year’s...more

Federal Appeals Court Blocks Parts Of Alabama Immigration Law

On October 14, 2011, the U.S. Court of Appeals for the 11th Circuit temporarily blocked two sections of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, while it considers the merits of the U.S. government’s...more

Alabama Immigration Law Upheld – Mostly

On September 28, 2011, U.S. District Court Judge Sharon Lovelace Blackburn upheld the key provisions of Alabama's immigration law, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. Alabama's immigration law is...more

Employer of Foreign Worker Tagged with $156,000 Judgment

Employers frequently hire foreign workers in specialty occupations (such as architects, engineers, doctors and computer programmers) pursuant to the H-1B visa program, but sometimes they are not able to follow through on a...more

Judge Enjoins Georgia Immigration Law

Federal Judge Thomas Thrash has reportedly enjoined parts of a Georgia law that was due to take effect on July 1, 2011. In granting a temporary injunction to complainants, he ruled that they were likely to prevail at trial on...more

Preliminary Injunction Granted for Parts of New Indiana Immigration Law

As predicted in our prior Legal Alert on this topic on May 13, 2011, Indiana’s recently enacted immigration law has been challenged in court. On June 24, 2011, the U.S. District Court for the Southern District of Indiana...more

Federal Judge Blocks Certain Provisions of Georgia Immigration Law

On June 27, 2011, U.S. District Court Judge Thomas Thrash granted a temporary injunction on key parts of the Georgia Immigration law due to go into effect on July 1, 2011. The Judge ruled that the criminal provisions of the...more

Is a Plaintiff’s Immigration Status Relevant In a Personal Injury Lawsuit?

The United States District Court recently issued an interesting decision in an Illinois personal injury case. In Zuniga v. Morris Material Handling, Inc., 2011 WL 663136 (N.D.N.Y 2011), the plaintiff was injured while...more

Fenwick Employment Brief - January 07, 2011

In this issue: California Employer Allowed to Pursue Defamation Action Against Protesting Employees; Payroll Company Not an Employer Under the California Labor Code or FLSA; PAGA Claims On The Rise – Suitable Seating Just...more

Employment Law Commentary: Collision Course: Conflict Between United States Supreme Court and California Judicial Interpretation...

In our April 2009 Employment Law Commentary, entitled “Arbitration Agreements in Light of 114 Penn Plaza v. Pyett,” we contrasted the United States Supreme Court’s and California courts’ approaches to enforcement of...more