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South Carolina: First to Bar Undocumented Students

// May 29th, 2008 // 325No Comments »http://prernalal.com/2008/05/south-carolina-first-to-bar-undocumented-students/South+Carolina%3A+First+to+Bar+Undocumented+Students2008-05-29+15%3A29%3A02DreamActivist // Education, Immigration

Stuck in the deep recesses of the South and in a horserace to appear tough on immigration, the South Carolina Senate has approved a get-tough on immigration measure that among other things, would bar undocumented students from higher education in the state.

S 392 which may be signed as early as next week reads: 

SECTION 17. Chapter 101, Title 59 of the 1976 Code is amended by adding: "Section 59-101-430. (A) A person who is not lawfully present in the United States is not eligible to attend a public institution of higher learning in this State, as defined in Section 59-103-5. The trustees of a public institution of higher learning in this State shall develop and institute a process by which lawful presence in the United States is verified. (B) A person not lawfully present in the United States is not eligible on the basis of residence for a public higher education benefit including, but not limited to, scholarships, financial aid, grants, or resident tuition."

It is a sad day for DREAMers in South Carolina but also a depressing loss for the state to assist in creating a permanent underclass of undocumented Americans. After investing in these students through K-12, South Carolina loses this investment by declaring that the students have no right to pursue higher education and realize their dreams.

The higher education ban serves no compelling state interest and should be subjected to constitutional inquiry. In Plyler v. Doe, the U.S. Supreme Court made clear that public education was not an impetus for illegal immigration–

"The evidence demonstrates that undocumented persons do not immigrate in search for a free public education. Virtually all of the undocumented persons who come into this country seek employment opportunities and not educational benefits. . . . There was overwhelming evidence . . . of the unimportance of public education as a stimulus for immigration."

Given this fact, the Supreme Court affirmed that charging tuition for undocumented students "constitutes a ludicrously ineffectual attempt to stem the tide of illegal immigration." Similar logic applies in this case–barring undocumented students from higher education does nothing to stem the tide of 'illegal immigration' into the state–Why punish innocent students and impose disabilties on them that are contrary to the basic concept that "legal burden should bear some relationship to individual responsibility or wrongdoing?"

Know Your Rights – Undocumented Workers Entitled to Workers’ Compensation

// May 16th, 2008 // 184No Comments »http://prernalal.com/2008/05/know-your-rights-undocumented-workers-entitled-to-workers-compensation/Know+Your+Rights+-+Undocumented+Workers+Entitled+to+Workers%27+Compensation2008-05-16+05%3A00%3A39Prerna // Human Rights, Immigration

The need to institute fair labor laws and protections across the board, regardless of immigration status, is something I have blogged about previously–and the courts in many states agree!

Take this decision from South Carolina as an example, rendered just last December:

In a decision that is sure to unleash political firestorms at both the state and national level, the South Carolina Supreme Court ruled last week that illegal immigrants have the same right as any other worker to receive payments from the state’s workers’ compensation system.

In the matter of Curiel v. Environmental Management Services, the Court ruled unanimously that “disallowing benefits would mean unscrupulous employers could hire undocumented workers without the burden of insuring them, a consequence that would encourage rather than discourage the hiring of illegal workers.”

Here is a guide to states with rights for undocumented workers to claim workers’ compensation -

• California Court of Appeal Reaffirms Right of Undocumented Workers to Workers’ Comp Benefit

Here is a list of rights undocumented workers have in California

To receive a minimum wage of $8 per hour

To earn overtime pay — with some exceptions — after working more than eight hours per day or more than 40 hours in one week

To file wage claims with the state labor commissioner if they believe their employer has violated state wage laws

To file workplace safety and health complaints with Cal/OSHA, the state’s workplace safety and health program

To work in an environment free from retaliation for exercising their rights.

• Maryland – Design Kitchen and Baths, et al. v. Lagos - Undocumented Workers are Covered for Injuries on the Job
  
• Florida Court of Appeal: Hoffman Does Not Preempt State Workers’ Compensation Law
• Georgia Appellate Court Upholds Workers’ Compensation Coverage for Undocumented Worker
• Michigan Supreme Court Vacates Order Granting Motion to Appeal in Workers’ Compensation Case
• Minnesota Supreme Court Refuses to Limit Workers’ Comp Recovery in Cases Involving Undocumented Workers
• New York Court Rejects Discovery of Workers’ Immigration Status in Workers’ Compensation Claim
• Ohio Appeals Court Upholds Undocumented Workers’ Right to Workers’ Compensation