Like with most rules, there are exceptions to certain immigration-related issues. For instance, even if a person did not enter Louisiana or another part of the United States legally, he or she may not be detained in the event that the individual is participating in a lawsuit against an employer for work-related violations. Of course, even exceptions to U.S. immigration law rules can be ignored by officials.
It was recently reported that this type of scenario happened to an individual in another state. The 45-year-old Chinese national is currently involved in a lawsuit with his former employer over unpaid wages. The man claims that he is owed approximately $200,000. The man had gone to lunch with one of his attorneys after giving a deposition, and before entering the restaurant, the man was taken into custody by Immigration and Customs Enforcement.
Reportedly, ICE and the U.S. Department of Labor have a memorandum of understanding that ICE would not detain individuals involved in labor law disputes. This man was later released from custody without bond, and an ICE spokesperson indicated that such decisions are made on a case-by-case basis. Nonetheless, one of the man’s attorneys has filed a complaint claiming that ICE violated the National Labor Relations Act by using information provided by the man’s former employer to locate him.
It is unfortunate that many immigrants fear this type of action when they file complaints against their employers. As a result, in addition to trying to seek justice for the wrongdoing they faced, they may also end up in need of defense for themselves. Louisiana residents having to contend with such ordeals may want to speak with U.S. immigration law attorneys about their options.
