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Ruling: Illegals May Sue for Wages at U.S. Levels
new york sun ^ | 11/15/06

Posted on 11/15/2006 3:59:23 AM PST by NativeNewYorker

Illegal immigrants injured on construction jobs can sue for the future income they would have earned in this country at American wage levels, a federal appeals court ruled yesterday.

The ruling does not apply to illegal immigrants who use false documents or otherwise lie about their immigration status to get jobs. But the decision, by the 2nd U.S. Circuit Court of Appeals, says illegal immigrants are covered under New York's "scaffold law." The law allows injured workers to sue contractors over unsafe work environments.

The decision upholds a $638,671.63 jury award to an illegal immigrant from Brazil. Of that amount,$230,000 was for future lost earnings. The immigrant, Jose Raimundo Madeira, was earning $15 an hour and working long weeks as a construction worker in 2001 when he fell from a building at a job site in Monroe, N.Y. In granting the award, the jury considered Mr. Madeira's earning potential in this country and the likelihood he would stay, according to the decision.

(Excerpt) Read more at nysun.com ...


TOPICS: Crime/Corruption; Culture/Society
KEYWORDS: aliens; immigrantlist; immigration
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To: RegulatorCountry
There's some discussion of Giuliani's attitude toward illegal immigration here.
21 posted on 11/15/2006 4:38:22 AM PST by ruination
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To: domenad
employers will favor legal workers simply because they won't be deported.

Illegal aliens aren't in any great danger of being deported.

And the risk drops every day as Bush, Pelosi, and Reid try to find ways to make them even more comfy.

22 posted on 11/15/2006 4:38:29 AM PST by JCEccles
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To: RegulatorCountry

Immigration politics have similarly harmed New York. Former mayor Rudolph Giuliani sued all the way up to the Supreme Court to defend the city’s sanctuary policy against a 1996 federal law decreeing that cities could not prohibit their employees from cooperating with the INS. Oh yeah? said Giuliani; just watch me. The INS, he claimed, with what turned out to be grotesque irony, only aims to “terrorize people.” Though he lost in court, he remained defiant to the end. On September 5, 2001, his handpicked charter-revision committee ruled that New York could still require that its employees keep immigration information confidential to preserve trust between immigrants and government. Six days later, several visa-overstayers participated in the most devastating attack on the city and the country in history.

New York conveniently forgot the 1996 federal ban on sanctuary laws until a gang of five Mexicans—four of them illegal—abducted and brutally raped a 42-year-old mother of two near some railroad tracks in Queens. The NYPD had already arrested three of the illegal aliens numerous times for such crimes as assault, attempted robbery, criminal trespass, illegal gun possession, and drug offenses. The department had never notified the INS.


http://www.city-journal.org/html/14_1_the_illegal_alien.html


23 posted on 11/15/2006 4:40:37 AM PST by EternalVigilance (Pelosi and Murtha: the twin faces of the House Dems...Botox and Toxic)
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To: RegulatorCountry
Rudolph Giuliani sued all the way up to the Supreme Court to defend the city’s sanctuary policy against a 1996 federal law decreeing that cities could not prohibit their employees from cooperating with the INS. Oh yeah? said Giuliani; just watch me. The INS, he claimed, with what turned out to be grotesque irony, only aims to “terrorize people.” Though he lost in court, he remained defiant to the end. On September 5, 2001, his handpicked charter-revision committee ruled that New York could still require that its employees keep immigration information confidential to preserve trust between immigrants and government. Six days later, several visa-overstayers participated in the most devastating attack on the city and the country in history.

IMO, anyone on FR who can blithely ignore this is no conservative. Not even close. They're simply doing a bad imitation of one.

And those who somehow claim some kind of credential for this guy in terms of national security need to have their heads examined...

24 posted on 11/15/2006 4:47:08 AM PST by EternalVigilance (Pelosi and Murtha: the twin faces of the House Dems...Botox and Toxic)
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To: EternalVigilance

Between the putative frontrunners for the Republican presidential nomination, and the Democrat Congressional "leadership," it's all beginning to feel like some sort of grand, cosmic joke, isn't it? It should make for an entertaining couple of years, but our future is at stake. I don't know whether to laugh or cry.


25 posted on 11/15/2006 4:50:48 AM PST by RegulatorCountry
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To: goldstategop

That's my initial reaction, also. This ruling removes one of the economic incentives for hiring illegal labor.


26 posted on 11/15/2006 5:02:39 AM PST by 1rudeboy
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To: NativeNewYorker

Here is the new slogan for the libs.

Living Wages for aliens, it is only fair.


27 posted on 11/15/2006 5:13:50 AM PST by mtairycitizen
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To: NativeNewYorker
The ruling does not apply to illegal immigrants who use false documents or otherwise lie about their immigration status to get jobs.

LOL that's kinda like..... all of em, idn't it?

28 posted on 11/15/2006 5:17:52 AM PST by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: NativeNewYorker
Excuse me, but doesn't this make this a non story. If you use false docs, you are screwed and rightly so. The vast majority do this to secure the job with false docs.

"The ruling does not apply to illegal immigrants who use false documents or otherwise lie about their immigration status to get jobs"

29 posted on 11/15/2006 5:27:55 AM PST by conservativecorner
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To: NativeNewYorker

NOOOOOOOOOOOOOOOOOO!!!!!!!!!!!!!!!

Kick their illegal a$$e$ out of the country.


30 posted on 11/15/2006 5:36:45 AM PST by ukie55
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To: ukie55

This could get interesting.

I've always said that when the employers of the aliens have to pay the insurance, education, etc of the aliens AND pay them at least minimum wage, that would be THE END of all this nonsense.

Taxpayers should file a class action suit against these employers that they are creating a hardship on our tax base. Or something like that.


31 posted on 11/15/2006 5:58:50 AM PST by MrRights
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To: RegulatorCountry
****What actually is Giuliani's stance on illegal immigration? Between the cheerleaders touting his poll numbers, and the detractors screaming about cross dressing, this has somehow been overlooked.****

No it hasn't. far from it. You just missed it (don't know how you did though???)

Rudy 'officially' made NYC a Sanctuary City. He fought the US gubmint all the way to SCOTUS - on NYC taxpayers money - and LOST. All in an effort to keep NYC from cooperating with the gubmint on illegals

In short Rudy LOVES open borders, Rudy LOVES illegals - which includes by definition - illegal terrorists (but he HATES the 2nd Amendment).

That's why all this 'Rudy is Tough On Terrorism' you see from the Rudy cult of personality worshipers here is utter nonsense. But one thing I've found that all of them mostly have in common, they're from NY too.

32 posted on 11/15/2006 5:59:06 AM PST by Condor51 (Tagline Under Construction - Kindly Wear Your Hardhat)
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To: domenad
...employers will favor legal workers simply because they won't be deported

HA!HA!HA!HA! And who is going to deport them?

33 posted on 11/15/2006 6:03:56 AM PST by kabar
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To: WhyisaTexasgirlinPA

Ungh.


34 posted on 11/15/2006 6:05:41 AM PST by NeoCaveman (Mike Pence for House Minority Leader and John Shadegg for Whip)
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To: kabar

Boy am I getting reamed on that point. Okay, fair enough. How about the fact that workers comp doesn't cover illegals, so the employer is liable if there is an injury?


35 posted on 11/15/2006 6:41:11 AM PST by domenad (In all things, in all ways, at all times, let honor guide me.)
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To: EternalVigilance
The INS, he claimed, with what turned out to be grotesque irony, only aims to “terrorize people.”

Rudy confused the INS with the IRS

36 posted on 11/15/2006 9:08:34 AM PST by Rakkasan1 ((Illegal immigrants are just undocumented friends you haven't met yet!))
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


37 posted on 11/15/2006 9:18:53 AM PST by gubamyster
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To: goldstategop; dakine

TANSTAAL - there ain't no such thing as a lunch?

What should I call the meal I'm about to eat?


38 posted on 11/15/2006 9:20:27 AM PST by Xenalyte (Anything is possible when you don't understand how anything happens.)
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To: Condor51
Nobody can convince me to vote for Giuliani. If it means clinton will be Prez. so be it. Bush is nothing more than a speed-bump in our race to the NWO. Now it seems he's full speed ahead anyway. God help our republic.
39 posted on 11/15/2006 9:29:46 AM PST by stevio (Red-Blooded Crunchy Con American Male (NRA))
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To: NativeNewYorker

There should be a process called "Popular Nullification"

When a federal court issues an idiotic statement, the other two branches of government and the public should be able to simply ignore it.

If they are here ILLEGALLY, and they are working here ILLEGALLY, they should not be entitled to ANY protection of the law.

I wonder what Alberto (Gonzales) would say to this?


40 posted on 11/15/2006 9:39:13 AM PST by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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