President Trump's Executive Order, Protecting the Nation from Foreign Terrorist Entry into the United States is impacting some workers who seek workers' compensation benefits.
"The United States Constitution permits rights of access to the courts by illegal aliens under the Fifth and Fourteenth Amendments to the United States Constitution. 42 U.S.C.A. § 1981. Dowling v. Slotnik, 244 Conn. 781, 712 A.2d 396 (1998), cert. denied by Slotnik v. Considine, 525 U.S. 1017, 119 S.Ct. 542, 142 L.Ed.2d 451 (1998). The New Jersey courts have reasoned that public policy would be subverted if employers were permitted to hire illegal aliens in lieu of citizens or legal residents knowing that they would not be required to insure or absorb the cost of the injuries incurred by these illegal aliens in the course of their employment. Fernandez-Lopez v. Jose Cervino, Inc., 288 N.J.Super. 14, 671 A.2d 1051 (App.Div.1996)." Gelman, Jon L., 38 N.J. Prac., Workers' Compensation Law § 11.8 (3d ed.).
The American Immigration Council has issued a practice advisory, It provides information about how President Trump's Executive Order, Protecting the Nation from Foreign Terrorist Entry into the United States, is being implemented, offers resources and practice tips for attorneys whose clients are affected by the Executive Order, and outlines legal challenges to the entry provisions that have been filed to date.
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