Federal immigration law does not clearly pre-empt a New York law allowing undocumented workers to recover lost U.S. earnings where the award is not a “direct and positive obstacle” to the law’s objectives, the 2nd U.S. Circuit Court of Appeals has ruled.
The circuit upheld a jury verdict in favor of Jose Raimondo Madeira, finding that compensatory damages for personal injury under New York’s Scaffold Law was not pre-empted by the Immigration Reform and Control Act of 1986.
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