¿Is it possible for an undocumented girl to sue for sexual harassment without risking being deported?
Answer:
I think you just found one of the reasons you are so desirable to slimey employers.
No, the person harassing you will get in trouble so you will get satisfied that way, but you will be tagged for deportation.
they would both get what they deserve for there crimes , you make it sound like illegals are victims in this question did this actually happen? i totally agree why do you think you can come and use our laws when it suits you a perfect example of how illegals abuse the system
No, she should be deported -- she is ILLEGALLY in the US!!
You committed a crime coming here illegally, but now you want that same legal system that you spit in the face of to come protect you?? You broke a law, he broke one right back. Which is worse?
If you come here illegally and don't like what you find, did it ever dawn on you to go back home? Back across the border. You came here illegally and want our courts to award you millions because your boss tried to hit on you? Did you think to go to our courts and ask permission to even be here in the first place.
But I do have a number you can call for help.
1-866-347-2423
They will do everything in their power to make sure the right thing is done.
No, you've already stated that our laws do not apply to you.
People like you clog up the system for people who try to immigrate legally - then you have the audacity to try to use our legal system when it suits you?
GO HOME!
You mean an illegal alien criminal? Was she illegally working when she was harassed?
If it's yes on either issue, she can be deported. Sorry but she's a criminal for breaking the law. It doesn't discount the fact that she was harassed but she shouldn't be here!
Sure is but you could open yourself up to early deportation. An he probably knows it? This is 1 of the draw backs on being here illegally.
answered direct to your e-mail.please read
First things first, if she is undocumented she should leave and if she wants to come back she should try and enter the country the legal way. If she gets back in the legal way, once there, she should be loyal to that country and not try to impose her country of origin on her new country. Secondly, I'm not going to try and pretend I know the answer to your question but common sense tells me that if she tried to sue for sexual harassment she would end up going to court so she can plead her case. Once in court, or prior to court, I'm sure the undocumented girl will be discovered as being undocumented and subsequently be jailed and deported. The employeer, if found guilty, may get in trouble for sexual harrasment and maybe also for hiring an illegal immigrant. If the employeer is truly a sexual pervert, then he deserves what he gets. However, if the employee is living in a country illegaly, she can't expect to have the same laws applied to her as a regular citizen would and this was her choice in the first place for going to that country illegally. She exposed herself to being sexually harassed and not being able to really do anything about it.
Tell her to leave and look for another job, what good will it do
to file sexual harassment , she will lose her job any way for filing charges and also runs the risk of being deported.
Aside from all of the random silliness about telling this poor soul to leave...I'll try to shout over the provincial "THEY TOOK OUR JOBS!" uninformed yokels who never took a macroeconomics class.
California (Nevada and Colorado as well-- maybe others) has a "Safe Harbor" law about undocumented immigrants. In the case of a criminal offense against an undocumented worker, the police are forbidden from asking for residency documentation. The intent of this law is to prevent exactly what seems to be happening here -- just because we haven't gotten around to developing federal statutes that are updated to economic theories flushed out over 200 years ago, doesn't mean that those who are looking for a better life should have to pay the price, physically or financially.
Regarding "me2's" comment, while the defendant can (and probably would) say anything to challenge the accuser, the Safe Harbor law negates any accusation regarding citizenship/residency for two reasons:
1.) Federal law regarding the gathering of information for a trial negates the utilization of what in this case is entirely insubstantial; the status of the accuser. CA's sexual harrassment laws have no specific stipulation as to the sorts of people of qualify for protection under sexual harrassment laws. Blue eyes, red hair, three arms, residency status, etc. (To do so would likely be unconstitutional under both state and Fed laws anyway.)
2.) A prosecutor can only bring charges against someone if there is evidence of wrongdoing. (This is that whole 'habeus corpus' constitutionality that Bush has been trying to usurp) Since the state police are forbidden from asking for proof of residency status, the courts can not bring charges against her.
Her alleged assaulter has the right to "face the accuser," which simply means that he as the right to defend himself against charges brought before him, not that he has the right to return with completely inconsequential distinct "insults" -- calling her fat, illegal, Latina, whatever.
If this were not the case, then the whole purpose of the Safe Harbor law would be moot. She is safe, and should immediately file with local authorities.
No, because you are here ILLEGALLY, and have NO right being in this country in the first place!
Sucks to be illegal, don't it?? I have absolutely NO sympathy for you!
It would be hard, because once she files, that would give the defendant the right to challenge her status. It's near impossible to win a sexual harassment suit for anyone, let alone a illegal
She would not be in the situation of worrying about deportation if she was here legally.
It is possible. However, it is a risk. There is no 'bar' to deportation while she sues, unless she is working in cooperation with authorities who give it to her in return for her testimony.
The Immigration information post by website user , MyTend.com not guarantee correctness.
More Immigration Questions and Answers ...