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 an illegal immigrant, finding that he could recover compensatory damages for personal injury under New York's Scaffold Law and at U.S. pay rates.
November 17, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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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