The US Department of Homeland Security published a notice in the Federal Register barring Haitians from being issued low skilled work visas. The Notice has an effective date of January 18, 2918.
Showing posts with label Immigration. Show all posts
Showing posts with label Immigration. Show all posts
Thursday, January 18, 2018
Friday, February 3, 2017
AMA Urges Trump Administration to Clarify Immigration Executive Order
A major element of workers' compensation benefits is medical treatment and that will be impacted the Donald Trump's recent ban on immigration. An adequate number of physicians must be available to provide medical care to cure and relieve a work related medical condition. The American Medical Association (AMA) sent the following letter today to the U.S. Department of Homeland Security regarding the Administration’s executive order issued last week,“Protecting the Nation from Foreign Terrorist Entry into the United States:”
Friday, July 18, 2014
Jose Antonio Vargas, Immigrant Activist, Is Released by Border Patrol in Texas
 McALLEN, Tex. — Jose Antonio Vargas, who has chronicled in minute detail the twists and turns of his life as a Filipino living illegally for years in the United States, was detained by the Border Patrol for most of the day on Tuesday and then released with a notice to appear before an immigration judge. The detention of Mr. Vargas, probably the most high-profile leader of the immigrant rights movement, posed an awkward dilemma for the Obama administration. The surge of Central Americans, including many children, crossing the border illegally — saying they are fleeing criminal violence at home — has made all decisions about immigration politically fraught, and administration officials were keenly aware that the backdrop to their decision to release Mr. Vargas was a border where thousands of migrants are being held. Mr. Vargas was detained at a Border Patrol checkpoint in the airport of this city in the Rio Grande Valley before he was to board a flight to Houston, on his way to Los Angeles. In a terse statement, Department of Homeland Security officials said they had released Mr. Vargas because he had no prior immigration or criminal record. They said their focus was on deporting immigrants who posed security threats. It was the first time Mr. Vargas, who has been living without papers in the United States since 1993, had been arrested by immigration authorities. Lawyers assisting him said that they would seek to have the action against him suspended, and... |
Saturday, June 28, 2014
New York City to provide lawyers for poor immigrants facing deportation
While some states have established restrictive procedures against immigrants not in status with US immigration laws, New York City has taken an opposite stance. Today's post is shared from jurist.com
New York lawmakers have approved funding for a program to provide lawyers to indigent residents facing deportation hearings. The New York Immigrant Family Unity Project [Bronx Defenders backgrounder] was created last year but was only funded at $500,000. Wednesday's vote by the New York City Council expands funding to $4.9 million [press release] to greatly expand the program. While defendants in the criminal justice system have the right to an attorney, there is no such right for individuals facing a complicated immigration legal system. This is the first program of its kind in the US [AP report]. Also this week, the New York Council approved a measure to provide identification cards [press release] to all city residents, including those in the country illegally.
In the absence of federal immigration reform, state governments have continued to enact various measures. Last week a Montana judge struck down [JURIST report] most of a voter-approved immigration law that required government officials to check the immigration status of anyone applying for state services. Earlier this month Florida Governor Rick Scott signed a law [JURIST report] allowing undocumented students to receive in-state tuition, joining 16 other states already allowing this. In March South Carolina announced...
[Click here to see the rest of this post]
New York lawmakers have approved funding for a program to provide lawyers to indigent residents facing deportation hearings. The New York Immigrant Family Unity Project [Bronx Defenders backgrounder] was created last year but was only funded at $500,000. Wednesday's vote by the New York City Council expands funding to $4.9 million [press release] to greatly expand the program. While defendants in the criminal justice system have the right to an attorney, there is no such right for individuals facing a complicated immigration legal system. This is the first program of its kind in the US [AP report]. Also this week, the New York Council approved a measure to provide identification cards [press release] to all city residents, including those in the country illegally.
In the absence of federal immigration reform, state governments have continued to enact various measures. Last week a Montana judge struck down [JURIST report] most of a voter-approved immigration law that required government officials to check the immigration status of anyone applying for state services. Earlier this month Florida Governor Rick Scott signed a law [JURIST report] allowing undocumented students to receive in-state tuition, joining 16 other states already allowing this. In March South Carolina announced...
[Click here to see the rest of this post]
Wednesday, July 31, 2013
Holes in the Safety Net — Legal Immigrants' Access to Health Insurance
Immigrant workers are entitled to workers' compensation benefits in most jurisdictions even if they are in the US without status. Ongoing Congressional changes to the nation's immigration system will have significant impact on the delivery of healthcare to immigrant workers.Today's post was shared by NEJM and comes from www.nejm.org
More than 12 million immigrants are lawfully present in the United States. They serve in the military, pay taxes, and contribute to the economy. Yet like undocumented immigrants, whose health care vulnerabilities are outlined in the Perspective article by Sommers, legal immigrants face substantial barriers to obtaining insurance coverage (see graph Health Insurance, According to Citizenship Status, 2009.). As a result, some — such as Antonio Torres, an uninsured Arizona farmworker who was in a coma after a car accident — have been forcefully transferred to their native country when their treating hospitals were unable to find facilities willing to provide them with long-term care.1
Sunday, July 3, 2011
Florida Rules Illegal Aliens Entitled to Workers Compensation
A Florida Court has ruled that illegal aliens are entitled to workers' compensation benefits. This follows the acceptance of a majority of States to offer workers' compensation status to workers regardless of their immigration status and is in conformity with public policy and legislative intent.
The Court reasoned that the employer knew or should have known of the illegal status of the employee at the time of hiring then the employer is subsequently responsible to pay workers' compensation benefits following a work-related injury.
The Court stated in its opinion:
"Although there is no shortage of debate that can be had on the issue of illegal labor and its effect on our state, there is no dispute that the Florida Legislature has expressed an unyielding, textual intent that aliens, including those who are illegal and unlawfully employed, be covered and compensated under the Florida Workers’ Compensation Law. See § 440.02(15)(a), Fla. Stat. (2007) (defining “employee” to include any person who receives remuneration from an employer, including aliens, whether “lawfully or unlawfully employed”); see also Safeharbor Employer Servs., Inc. v. Velazquez, 860 So. 2d 984 (Fla. 1st DCA 2003) (“Therefore, we conclude that the Florida legislature's right to enact workers' compensation benefits for illegal aliens is not preempted by federal action.”). Indeed, the purpose of workers’ compensation law is to place on industry, rather than the general taxpaying public, the expense incident to the hazards created by industry. Gore v. Lee County Sch. Bd., 43 So. 3d 846, 849 (Fla. 1st DCA 2010) (explaining workers’ compensation legislation is designed to relieve society in general of expenses created by industry). Moreover, because the employer stands to benefit and profit from its employment of labor, and further is in the best position to avoid the risk of loss, the courts have uniformly recognized the impropriety of foisting on society the costs of a “broken body” and “diminished income” created by industry. Mobile Elevator Co. v. White, 39 So. 2d 799, 800 (Fla.1949)."Accordingly, the Florida Legislature has long recognized that although the employment of illegal aliens is prohibited by federal and state law, violation of these laws is an unfortunate reality, and the cost of injuries sustained by unlawful workers, being no less real than those suffered by lawful workers, should be borne by the industry giving rise to the risk (and best positioned to avoid the loss), not the general taxpaying public. In the instance of employers that employ illegal workers, this court has held that such an employer is precluded from asserting the status of an illegal alien as a defensive matter so as to avoid liability for disability benefits otherwise due only when the employer “knew or should have known of the true status of the employee.” Candelo, 478 So. 2d at 1170 (“This holding prevents unauthorized aliens from suffering at the hands of an employer who would knowingly hire the alien and then conveniently use the unauthorized alien status to avoid paying wage loss benefits.”). The holding in Candelo, in addition to being binding authority on this court, advances the principle that an entity that knowingly employs unlawful labor should not be able to shirk the cost of the injuries it creates – and in turn, shift the cost of the damages that it has knowingly created on the taxpaying public – ultimately placing it in a unfairly superior financial position to those employers who operate lawfully. Accordingly, here, we find no error in the JCC’s application of Candelo so as to preclude the E/C from raising Claimant’s illegal status, a concern that it waived when hiring and continuing to employ Claimant, as a defensive mechanism to avoid responsibility for an individual who is, based on the factual findings of the JCC, permanently and totally disabled under the Workers’ Compensation Law."
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