State Law Protection of Illegal Immigrants

In this article we will discuss legal protections for illegally present aliens facing threats in California.

It is common to assume that laws pertaining to immigrants are limited to the federal laws set out in the Immigration and Nationality Act. However, this is not necessarily the case as there are legal protections for immigrants passed by states. In this article we will discuss legal protections for illegally present aliens facing threats in California.

While the population of undocumented immigrants in California is one of the highest in the country, the state of California provides legal protections for these immigrants. It must be noted that undocumented Californians remain at constant risk of being arrested, detained and placed into deportation proceedings. As a result this may provide leverage to someone who wants to take advantage of an undocumented immigrant. And as such the state of California has enacted laws protecting immigrants who are:

• The victims of extortion

• The victims of retaliation in the workplace or by an attorney

In respect of protection of an undocumented immigrant against extortion it must be known that generally the crime of extortion describes a situation where someone gets money or property as a result of a direct threat that may not involve violence but can include a person’s reputation, property or loved ones. Therefore, under California law threatening to accuse someone of a crime or to expose a secret affecting the person can be considered as extortion. Included on the list of extortion is threatening to report someone’s immigration status or suspected immigration status, or that of the person’s family. In fact, such a crime is punishable under the California Penal Code Section 519 and carries a sentence of between 2 to 4 years in prison.

Where an undocumented immigrant is suffering workplace retaliation it is possible that the business owner or some employees may attempt to use someone’s immigration status as a form of unfair pressure or retaliation. Where employers who report or threatened to report the actual or suspected immigration status of an employee, former employee, prospective employee or the person’s family member to a federal, state or local agency because that employee, former employee, or prospective employee has exercised a right under the provisions of the California labor, government or civil code will be considered to have taken an adverse action and thereby violated the person’s rights.

This also includes where an attorney, in response to someone exercising a right related to employment, reports that person’s suspected immigration status. Such form of extortion can result in the attorney being suspended, disbarred or otherwise disciplined. This provision is in accordance with the Business and Professions Code Section 6103.7.

In respect of extortion based on a person’s immigration status exposure, the immigrant must talk to an immigration attorney first in order to assess if the risk of coming into contact with the criminal justice system is worth the effort. If you feel that your rights have been violated in respect of retaliation or extortion see an immigration attorney to provide legal advice and representation.

In respect of the state of Ohio’s immigrant laws, seek out an immigration attorney in Columbus Ohio.

For the best immigration lawyer in Columbus Ohio, the author recommends the Herman Legal Group.