Immigration

Illegal/Undocumented Aliens Immigrants in Civil Cases Damages Recovery Admissible Inadmissible

By December 23, 2016 No Comments

GMC Yukon v. the Gravel truck; an employer had hired an illegal alien. They had, the illegal alien had had a false, made up Social Security number.  Plaintiff in that case said “there was negligent hiring, this guy should be on the road, he should not be in the country. It is illegal to hire this man as a result it should not—you negligently hired him”. What the Texas Supreme Court decided in that case was the evidence of illegal immigration is not admissible, is not admissible. It’s not relevant to any of the facts of the case. Even though the plaintiff is alleging that he should not be in the country, shouldn’t be on the road and never should have been hired because that what the law require. Let’s see what happens when we go to the other side of that issue.

Republic Waste Services Ltd v. Martinez; the plaintiffs are illegal aliens now. They are changing the tire on the side of the road, along comes the defendant that kills them. Okay, that comes off of the side of the road, really liability and non-dispute. Wipes these folks out and sure enough the plaintiff were illegal aliens. Admissible? Yes that’s admissible, because they are the plaintiff you see. And the reason why that is admissible is because well you know if there were deported that would affect their future loss of earning capacity and so as a result it is admissible if you are plaintiff. Let me do that that rule for you again if your plaintiff illegal immigration is admissible if your defendant it is not.

Francisco Hernandez

Author Francisco Hernandez

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