Balbuena v. IDR Realty LLC
- Case Date: 12/2/2005
- Project Name: Protecting America's Freedom: National Security and Defense
On February 21, 2006, the New York Court of Appeals declined to bar illegal aliens who are plaintiffs in personal injury lawsuits from recovering wages lost as a result of their injuries. The decision was a setback for WLF, which filed a brief filed in the case, urging that such damages be barred. WLF argued that awarding illegal aliens the wages they would have earned if they had not been injured would be inequitable because it would have been illegal for them to actually earn those wages by taking a job in this country. WLF argued that such awards are preempted by federal law because they undermine federal immigration policy by encouraging more illegal aliens to enter the country and to seek employment. The Court of Appeals rejected WLF's position, contending that to deny damages for lost wages would encourage employers to reap the economic benefits of hiring illegal aliens.
More Information and Downloads:
12/2/2005: Download the Brief
Litigation Update: Court Declines to Bar Illegal Aliens from Recovering Lost Wages
Press Release: Court Urged To Bar Illegal Aliens From Recovering Lost Wages