Undocumented Immigrants

News & Analysis as of

Fifth Circuit Ruling Upholds Injunction Against the President’s Executive Actions on Immigration

In a 2-1 ruling, the Fifth Circuit Court of Appeals upheld the preliminary injunction issued by U.S. District Judge Andrew Hanen on the grounds that the lawsuit filed by a coalition of 26 states opposing the implementation of...more

Health Care Update - October 2015

Cuts in Mandatory Entitlement Programs Center of Budget Negotiations: As budget negotiators from both sides of the Hill come together to work out a two-year budget deal, determining how sequestration relief will be paid for...more

This could be U! Explorando as possibilidades do Visto “U”

Panorama - Muitos imigrantes vêm para os Estados Unidos em busca de liberdade política e econômica, assim como segurança física. Infelizmente, muitos imigrantes podem ser vítimas de crimes quanto estão nos Estados...more

Um recado na parede – a crescente maré de imigrantes: Posições dos candidatos à presidência sobre a reforma imigratória

Panorama - Nos últimos meses a imprensa americana tem feito a cobertura da Campanha Presidencial do Partido Republicano com a mesma intensidade que na Copa do Mundo. Uma das questões políticas que está no centro das...more

Cash Payments to Workers; Convenience or Crime?

A common technique used to pay immigrants who are ineligible to lawfully work and to pay lawful workers "offbook" in order to reduce reported payroll for workers compensation and other purposes is to pay workers wholly or...more

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

Texas Denies Immigrant Children Their U.S. Citizenship

Birthright citizenship is a hotly debated topic. The United States and Canada are one of the few nations that automatically grant citizenship so expansively to children born within their borders. Anyone born in the U.S. is...more

Manatt on Health Reform: Weekly Highlights - June 2015 #4

This week...no clear consensus has emerged among congressional Republicans on how to manage potential King v. Burwell fallout; California will expand Medicaid to undocumented children; and New York is poised to become the...more

Employment Law - March 2015 #2

California Legislation to Consider: Protections for Unpaid Interns and Volunteers - Why it matters: In this issue of the newsletter, the focus of our review of new California laws shifts from leaves of absence...more

Federal Court Holds That Immigration Law Does Not Preclude FLSA Liquidated Damages Award

In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to...more

NLRB General Counsel Issues Aggressive Immigration Initiative—Employers Now Face Extraordinary Penalties

On February 27, 2015, National Labor Relations Board (NLRB) General Counsel Richard F. Griffin, Jr. injected the NLRB into the national debate regarding border security, the rights of undocumented workers and their families,...more

Can Federal Immigration Law And AB 60 Be Reconciled?

On Jan. 1, 2015, the California Department of Motor Vehicles began accepting applications for the new A.B. 60 driver's license, named after the California legislative enactment that amended the state Vehicle Code to permit...more

Evidence of Immigration Status: Rarely Relevant, Almost Always Prejudicial

Now, more than ever, terms like “illegal alien,” “illegal immigrant,” and “undocumented worker” generate fear and controversy in our society. And in the courtroom setting, the passionate responses inspired by “immigration”...more

Client Alert: Disclosure of Plaintiff’s Status as Undocumented Alien to Prospective Jury Panel Grounds for Mistrial

In Velasquez v. Centrome, Inc. (No. B247080, filed 1/30/2015) the Court of Appeal, Second District, held that a trial judge’s disclosure to the panel of prospective jurors of plaintiff’s status as an undocumented alien was...more

Changes in California Employment Law for 2015

As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: - Mandatory Paid Sick Leave - Protections Against Discrimination and...more

Undocumented Workers Are Protected by Wisconsin's FMLA

Wisconsin’s court of appeals, in a published opinion written by Judge Reilly, recently decided that undocumented workers are protected by Wisconsin’s Family and Medical Leave Act (FMLA). Burlington Graphic Systems v. DWD,...more

Immigration reform: Teeth and tweaking are all the laws need

As a business immigration attorney representing companies lawfully employing foreign workers in the U.S., I am frustrated with our dysfunctional immigration system. The president's recently issued executive order only makes...more

New California Employment Laws for 2015 and Beyond

It is that time of year again, California. As the days grow shorter and the nights grow semi-colder (it is still California after all), a flurry of activity begins as employers revisit their policies and handbooks to assess...more

Executive Order Requires State Agencies and State Contractors to Use E-Verify

On December 3, 2014, Texas Governor Rick Perry issued Executive Order No. RP-80, which requires state agencies and state contractors to use E-Verify. The Order imposes, as a condition of all state contracts for service, a...more

Foreign Investment + Construction = Green Card

When you talk about construction and immigration it’s usually about undocumented workers and the underground economy, at least here in California and other border states. But a recent article I read wasn’t about poor, illegal...more

Will The President's Immigration Initiative Spur FLSA Claims?

Lurking among the numerous considerations raised by President Obama's "immigration accountability" initiative are the prospects that this action will result in more allegations by or on behalf of the affected individuals that...more

Undocumented Worker Can Cause Health Plan Problems

Employers know that since the 1980s they have been required to check the lawful work status of employees that they hire through the I-9 process. Employers also know that Immigration and Customs Enforcement (ICE) can audit...more

17 States Sue Over President Obama’s Immigration Order

On December 3rd, seventeen states sued the U.S. in a Texas federal court over President Barack Obama’s executive order on immigration. The states claim the President’s order is an unconstitutional exercise of power and seek...more

Texas and 17 States Sue Over the President’s Executive Action on Immigration

On Wednesday, December 3, 2014, the attorneys general and governors of 17 states filed a complaint for declaratory and injunctive relief with the United States District Court for the Southern District of Texas challenging...more

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