Illegal Immigrant Workers Sue Wal-Mart

See, e.g., Plyler v. Doe, 457 U.S. 202 (1982).

"Whatever his status under the immigration laws, an alien is surely a "person" in any ordinary sense of that term, and thus, is entitled to protection under equal protection clause."

"That person's initial entry into state, or into United States, was unlawful, and that he may for that reason be expelled, cannot negate simple fact of his presence within state's territorial perimeter for purposes of equal protection clause."

But...
"[the] state may withhold its beneficence from those whose very presence within United States is product of their own unlawful conduct"

Except from their kids.

but you know,this might be a good thing....now that i think about it,and my blood pressure has gone down after reading this story,it might be nice if these illegals make millions and scare the hell out of every business in this country....if theres no work,theres no reason to stay here!!!!!!

What I'd like to know is what the hell are these illegal scumbag aliens still doing in the US in the first place? There's been plenty of time to send their stinkin', diseased, criminal a**es back to Mexico and Uncle Vincente. If these scumbags had immediately been packed up and shipped off to Nogales or Nuevo Laredo, they wouldn't be here to file such a stupid-a** lawsuit in the first place! Now we're gonna have to go through yet another ridiculous and costly legal drama when there's no reason for them to still be in our country!

Scouts Out! Cavalry Ho!

Nope. Anyone in the world can file a suit in a U.S. court if they claim an injury cognizable under U.S. law. You have to be subject to service of process and jurisdiction in order to BE sued, though.

In the wage and hour context, it is well established that two wrongs don't make a right, i.e, the employer cannot fail to pay wages due, pay overtime or offer required breaks and leave for ANY reason related to the employee's status or conduct. You can't not pay overtime because an employee's an illegal alien, you can't not pay overtime because an employee is an incompetent jerk, etc.

And, far from being obliged to investigate the immigration status of an employee, to do so is illegal national origin discrimination. Any applicant who presents IDs which are adequate on their face and signs an I9 can't be pushed further about their status.

And that, basically, is the rub. Until the government requires work eligibility verification with measures no more complicated than the swipe of a credit card to buy $10 worth of groceries, all immigration policy talk is just ineffectual blather.

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