[petercooper]

don't you have to be a U.S. citizen to file a lawsuit in U.S. court?

[illiac]

My thoughts, also.

I'm wondering the merits of their case and whether they are afforded equal protection under the law since they are illigals.

[texastoo]

"don't you have to be a U.S. citizen to file a lawsuit in U.S. court?"

NO. Down here in south Texas illegals sue frequently. Doctors and hospitals are their main targets. They get free health care and a free opportunity to sue. I wish I was an illegal alien.

[jmstein7]

No, but you should have to be.

[only1percent]

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.