How the Immigrant Abuse Laws Work in New Jersey

How the Immigrant Abuse Laws Work in New Jersey

Immigrants who came to the United States to work have been victims of abuse. Most times, the abuse comes from unexpected quarters. It is unacceptable to subject people to inhuman treatment because of their desire to fend for themselves.

“Virtually all states have laws against immigrant abuse. It is a demonstration of institutional commitment to end the disorder in their jurisdiction,” says immigration lawyer Eric M. Mark of the Law Office of Eric M. Mark.

This article discusses how the immigrant abuse laws work in New Jersey:

New Jersey’s Stance on Immigrant Abuse

New Jersey has several laws that protect immigrants. Immigrants are vulnerable because even institutions are against them. For instance, the court systems ignored their cry for justice. 

Individuals and institutions disliked them for who they were. Undocumented immigrants are more susceptible to abuse. They often hesitate to report any abuse because of their status; they are afraid of deportation. 

However, the New Jersey authorities have enacted several laws to safeguard immigrants from despicable abuses. The authorities believe they must act decisively to save the vulnerable groups from undue attacks. 

The Abuses and the Laws Against Them

Financial abuse or “stolen wages” is the foremost problem that immigrants encounter. It entails different infractions that people meet against immigrants due to their status. 

For instance, some employers pay them below the minimum wage despite making them work for more hours. Others include denied wages and refusal to honor the last paycheck. Despicable employers intentionally take advantage of undocumented immigrants because they know they are in a fix.

Federal and state laws mandate employers to pay workers minimum wage and overtime. These laws do not give any exemption. Hence, it is criminal to cheat people because they are not Americans. 

If you are an immigrant, you can sue any employer who treats you unjustly. Once they engage you, the law mandates them to fulfill their financial obligations to you. 

New Jersey also has anti-discrimination laws. The intent of these laws is to protect immigrants and ensure that they enjoy the same privileges as natural-born Americans. However, it is somewhat challenging for immigrants to pursue this law in court. 

If you want to pursue a case along this line, you must rely on successful proceedings in higher courts, such as Title VII and the Civil Rights Act of 1866, to corroborate your case. These laws prohibit discrimination against people based on their lineage or skin color. 

Furthermore, the Occupational Safety and Health Act (OSHA) and the National Labor Relations Act (NLRA) are other laws that address immigrant abuse. The more relevant one is the OSHA because most immigrants do dangerous jobs.

OSHA shields Americans and immigrants alike from unsafe work conditions. If the work can harm workers, no one deserves to undertake it. Under these circumstances, the employer will be responsible. 

Penalties for Immigrant Abuse

As expected, breaking immigrant abuse laws in New Jersey and many other states in the United States has consequences. If a court finds someone guilty of these violations, the convicted person will pay various fines and sentences. 

However, conviction does not happen on a silver platter; you must engage a local immigration law attorney who understands the law and can help you present your case convincingly. You increase your chances of a favorable outcome when you engage a legal representative. 

Representing yourself is dicey due to the complexity of the New Jersey immigrant abuse laws. The defendant is a citizen who probably has the financial muscle to engage the best attorneys in town. Hence, you shortchange yourself by overlooking the need to engage a legal professional. 

The Advantages of Engaging an Immigration Law Attorney

One of the merits of engaging a reputable attorney is that they enlighten you on your employment rights and identify immigration abuses in the defendant’s behavior. They will evaluate your case to determine its potency and advise you accordingly. For instance, they might advise you against proceeding with the case if it will likely implicate you in the long run. 

Remember that your lawyer has handled several similar cases in the past. Hence, trust their guidance for the benefit of hindsight. They understand the consequences of each case on you as an undocumented immigrant.

Final Words

As an immigrant, never allow anyone to trample on your rights without a reaction from you. The law is on your side, and you only need to make the first move. Once you liaise with your attorney, you can draft the best way to handle the case for the desired outcome.