Judge rules illegal aliens can collect workers compensation

Straight out of kangaroo court, a D.C. Court of Appeals judge ruled that illegal alien, Palemon Gonzales, is eligible to receive about $11,000 in worker’s compensation benefits.

The employer at the time, David Karim claims he knew nothing about the employee’s legal status as he used his cousin, Armando Casarrubias’ green card to obtain a busboy job.

The illegal alien’s identity came to light after he was injured on the job by a flying beer bottle that sent him to the hospital.

The aptly named bar, Asylum, found out their employee was using falsified documents to work once the hospital began sending medical bills in his real name.

The bar owner, Karim, testified at the workers’ compensation hearing saying Gonzales snookered him and presented false documents to acquire employment at his bar.

Once management found out the illegal alien provided false documents they promptly fired him, but this action led to the courtroom where the workers’ compensation board gave Gonzales his benefits.

The D.C. Appeals Court said it is legal under the District’s workers compensation laws to provide benefits to any employee regardless to legal status. The court claimed it is “consistent with the principle that the (workers’ compensation act) is to be construed liberally to achieve its humanitarian purpose.”

The court suggested the opposite decision could lead to employers reneging on their responsibility to protect workers. By paying workers compensation for illegal immigrants the court stated it would avoid a “powerful incentive for employers not to hire such individuals.”

However, anti-illegal immigration advocates see things differently.

“The court noted that it was trying to send a message to those who would employ illegal aliens- putting them on notice that they must not treat employees unfairly,” said Michael Cutler former INS agent and immigration expert who has testified before Congress numerous times. “I certainly agree that we must do all that we can to discourage the employment of illegal aliens by employers- however, what about the message that this decision sends to illegal aliens and foreign nationals who may, at this moment, be contemplating running our nation’s borders and seeking illegal employment?”

Cutler contends this case is reminiscent of the President and members of Congress who said they wanted to put illegal aliens on a pathway to United States citizenship. “The idea is that if your violate our borders, violate our immigration laws and likely other laws along the way, we will not only let you get away with these violations- we want to reward you for those violations.”

In essence, comprehensive immigration reform and other forms of amnesty send precisely the wrong message to the illegal aliens as does this Appeals Court decision, according to Cutler.

“There is nothing in the decision that deters or dissuades aliens from running our borders and working illegally- quite to the contrary, the court decision will likely be seen as an additional inducement for aliens to ignore our borders and our immigration laws while the Court claims the point was to discourage employers from intentionally hiring illegal aliens,” he finished.

For more stories; http://www.examiner.com/county-political-buzz-in-san-diego/kimberly-dvorak

© Copyright 2010 Kimberly Dvorak All Rights Reserved.

About thekdreport

Investigative journalist

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