Out of all the states in the country, California moved first to implement a new law, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, that would help protect people who are accused of entering the United States illegally. Certainly, the topic of undocumented immigration has generated a lot of controversy all over the country. While some people worry that too many illegal immigrants slip into the United States, it's also important to protect people
who may have only been accused of entering the country illegally.
How Does California's TRUTH Act Protect Those Accused of Undocumented Immigration?
The governor signed this bill into law late in September. According to Governor Jerry Brown, this measure would help the state adhere to the principles of due process and legal transparency. Most often, this new law has been referred to as The TRUTH Act.
These are the significant aspects of the new rules:
Officials must advise people facing deportation proceedings that they have the right to consult an attorney before federal authorities may interview them.
- Police have to give the defendant's lawyer or advocate any information that they supply to immigration enforcement.
- Officers who detain these immigrants must also advise them that they are not compelled to speak with immigration authorities.
- Each year, there has to be a public forum to inform the public about the local police's role in the enforcement of immigration laws.
Besides California, some other states and local jurisdictions have similar policies; however, California is the only state that has signed these protections into law.
Why Is Access to Legal Representation Important for People Facing Deportation?
The American Immigration Council conducted a study of over one million deportation cases. The study found a scarcity of access to legal representation for people facing deportation. In addition, legal representation vastly increased the odds of obtaining a favorable court ruling. Furthermore, represented defendants had a much greater chance of getting released from detention.
The Law Offices of Scott Warmuth can provide legal advice and counsel for many different kinds of immigration cases. For more information, call the toll-free number: 888-617-9888.
Immigrants Receive Equal Claim Compensation in California
In the latest twist on immigration law in California big changes are happening for personal injury claims. As of January 1, 2017, Assembly Bill No. 2159 ensures that immigrants will not be discriminated against financially during personal injury claims. Prior to this bill’s inception, if an immigrant working in California were to be injured or killed their immigration status would affect their claim in civil actions. This is no longer the case. Learn more about what this means for you.
Personal Injury Claims Go Bust
For the past 30 years, if you were an immigrant working in California and you were injured or killed on the job, your personal injury claim was determined by your citizen status. What this means is you would likely receive far less money in a personal injury claim than US citizens.
Say you were to get hurt on the job and you take your claim to civil court. Before AB 2159, you would be reimbursed based on the value of your healthcare in your country of origin. As you can imagine there is a huge discrepancy here.
Proof in the Pudding
Take this example: If you were originally from Guatemala you would be awarded an amount for your medical expenses based on the amount that these procedures would cost in Guatemala. As a result, you would be paid far less money for care and treatment that you are going to receive here in the United States.
Rather than getting enough money to cover your medical expenses here in the United States, you are given enough money to cover your expenses in your country of origin — even though you are getting treated here in the United States.
This is the big issue here. Immigrants who are working and living in the United States legally should be and are provided with protections at the workplace. Part of this is reflected in personal injury suits, such as those presented by OSHA (Occupational Safety and Health Administration). So, if you have legal status as an immigrant you should not receive less money if you are injured or killed while working for a US employer. Fortunately this bill reflects this belief.
If you have received less than you should for medical expenses in a personal injury claim because of your immigration status, we want to help you. Give us a call at the Law Offices of Scott Warmuth
to learn more or to schedule a consultation.