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July 2015 Archives

Undocumented workers can file wage and hour lawsuits

A recent court decision underscored the fact that all workers in California are protected under the Fair Labor Standards Act regardless of their immigration status. A New York federal court ruled that immigration-related documents are not discoverable in wage and hour lawsuits because the documents are irrelevant. The judge also stated that requiring immigration documents in such a case could intimidate workers who wish to file complaints against their employers.

Fate nears for those seeking aslyum

There are likely some California residents who are interested in the status of refuges who recently entered the U.S. seeking asylum. As of July 14, there were more than 2,170 of these immigrant refuges now possessing asylum claims that are valid according to officials in the federal government. Several human rights advocates have been vocal in protesting against the conditions these refugees are forced to endure inside the average federal detention center.

Appeals court rules immigration law unconstitutional

California residents may not know that immigration laws sometimes treat men and women differently. The Immigration and Nationality Act of 1952 is one such law, and one of its key provisions was ruled unconstitutional by a federal appeals court on July 8. The contentious provision imposed a five-year residency requirement before fathers who are U.S. citizens could confer citizenship to their children born out of wedlock in another country to a non-U.S. citizen. The law only required unwed mothers in a similar circumstance to live in the United States for one year before their children would be considered citizens.

Children and immigration issues abound

California residents may benefit from understanding more about the problems that many immigrant children encounter. Several thousand children now face the threat of deportation after being brought over the Mexico border into the U.S. during 2014. In addition, some of these children are targeted as enforcement priorities for immigration prosecutors, while their young parents may qualify to remain in the U.S. based on federal programs providing asylum for neglected, abandoned and abused children.

  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber