Judge Stearns ruled adversely on a jurisdictional issue, and the status of the immigrants involved in that case is ?stay pending appeal?. See http://www.gbls.org/… As a result, the immigrants subject to that class have not been deported, and many are now plaintiffs in a wage and hour violation suit.
Papers filed in the case describe how Michael Bianco, Inc., systematically and intentionally violated the laws requiring time-and-half for overtime work. Many employees clocked out after working a full day shift, then immediately clocked back in to work an evening shift. The employees? hours for the week were often paid in two separate checks, one from Michael Bianco, Inc. and one from a separately incorporated company, Front Line Defense, Inc. The complaint sets forth how Bianco deliberately evaded the overtime laws by creating a fiction that Front Line Defense was a separate company. These supposedly separate companies shared a workforce, a building, equipment, and management.
Judge Stearn?s latest decision may be read at: http://pacer.mad.usc…
The core of the ruling is a 21 day Stay, while the case is brought before the Circuit Court of Appeals:
ORDER
For the foregoing reasons, respondents’ motion to dismiss is ALLOWED as the
district court lacks subject matter jurisdiction. The stay of removals entered on May 2,
refusal of the Attorney General to grant an I-730 asylee petition with instructions that the
district court consider the government’s argument that review was barred by 8 U.S.C. §
1252(a)(2)(B)(ii). In Royal Siam, a case involving the refusal to grant an H-1B visa
petition, the First Circuit, while noting that “the jurisdiction-stripping provisions of section 1252 apply outside the removal context,” found it prudential to bypass the jurisdictional question given the lack of merit to the appeal. [The Stay ] will be EXTENDED for twenty-one (21) days to permit petitioners to seek a further
enlargement of the stay from the Court of Appeals.
Private attorneys were recruited by the Mass Bar Association, and the Boston Bar Association. Those without immigration experience were trained and mentored. All are serving without pay.
Stay tuned!
That is the reason that employers hire illegal immigrants most of the time – they can throw labor protections out the window. My old roomate was run down to the bone as a waitress in an Italian restaurant. When I asked why she didn’t report her boss, she blinked a few times at my idealistic innocence. Umm… because I would get deported?
…you are being way too kind. Example: HB-1 visa holders for high-tech immigrants are usually “latched” to the companies that got them the HB-1 visas. The companies know that, and they pay the HB-1 visa-holders less than they would pay native Americans or “green-card” holders. And that’s why the companies like the HB-1 visas.
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It really is as simple as that. And that’s one reason why the demise of American public education: why go to the effort to get training at high expense, when a US company can import labor at low wages from other companies?
That’s why my dad didn’t get paid at all for 4 months in 92 while his company went Chapter 11 and we waited for our green cards so he co8uld change jobs.