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Undocumented Workers Petition for Non-Discrimination
Law & Politics | 2006/11/03 19:35

NEW YORK - (ACLU) The American Civil Liberties Union, the National Employment Law Project and the Transnational Legal Clinic at the University of Pennsylvania School of Law today filed a petition urging the Inter-American Commission on Human Rights to find the United States in violation of its universal human rights obligations by failing to protect millions of undocumented workers from exploitation and discrimination in the workplace.

The petition was submitted to the commission on behalf of the United Mine Workers of America, AFL-CIO, Interfaith Justice Network and six immigrant workers who are representative of the six million undocumented workers in the United States labor force.

"The most poorly paid and least desirable jobs in the United States are filled by undocumented immigrants, yet the government increasingly limits the safeguards available to this population, leaving them vulnerable to exploitation and workplace discrimination," said Claudia Flores, an attorney with the ACLU Women’s Rights Project. "The United States government has an obligation under universal human rights norms to protect vulnerable populations, such as immigrant women, and has failed in this regard."

Undocumented immigrants make up nearly five percent of the U.S. labor force. However, employment and labor protections under state laws have been either eliminated or severely limited for undocumented workers in some states. These include such basic workplace protections as freedom from workplace discrimination and entitlement to hold an employer responsible for a workplace injury.

"International human rights law requires the United States to apply its workplace protections equally and without discrimination based on immigration status. We bring this petition to cast a global spotlight on the U.S. government’s poor human rights record in protecting undocumented workers from discrimination and to demand accountability from states and the federal government, all of whom are obligated to protect and defend human rights," said Chandra Bhatnagar, a staff attorney with the ACLU Human Rights Program.

The individuals named in today’s petition have each tried to assert their workplace rights but were unsuccessful. They are:

Jesus L., a Michigan poultry worker who suffered severe injuries, requiring spinal reconstruction surgery, after falling from the top of a chicken house onto a concrete floor. The insurance company for Jesus’ employer refused to provide workers’ compensation to cover time off work because he was undocumented.

Yolanda L.R., a widow whose husband was killed on a construction site in New York because of his employer’s criminal negligence. Yolanda’s compensation for her husband’s wrongful death compensation will be affected by his immigration status.

Francisco Berumen Lizalde, a painter in Kansas who was prosecuted and deported, likely as a consequence of filing a workers’ compensation claim after he fell from scaffolding and fractured his hand.

Leopoldo Z., a Pennsylvania farm worker who underwent three surgeries and continues to suffer nerve damage and chronic pain as a result of a workplace accident. Leopoldo’s employer suspended his medical benefits when it became clear he would not be able to promptly return to work.

Melissa L., a woman who had to leave her job in New Jersey when workplace sexual harassment became intolerable. She filed a claim against her employer, but because



Michael J. Fox Campaigns for Stem Cell Research
Law & Politics | 2006/11/03 18:35

Michael J. Fox rallied Thursday with about 100 people for Maryland's Democratic Senate candidate, Congressman Ben Cardin. Fox says he campaigns for candidates who support embryonic stem cell research.

Fox has appeared in television ads for Cardin and other candidates around the country who support federal funding for such research, to find cures for diseases such as Parkinson's, from which he suffers, "I'm supporting candidates who support embryonic stem cell research in races where their opponents simply don't," he said.

Cardin's Republican opponent Lt. Gov. Michael Steele, opposes research that would destroy a human embryo.

"We are who we are, we have what we have, we want what we want, and we have the right to seek representation that will get it for us," Fox said, encouraging voters with such debilitating diseases to become active in politics. Fox had plans to campaign for Democrat Jim Webb in that state's Senate race in Virginia that evening.

According to Cardin , "We're losing our best scientists to other countries" that fund embryonic stem cell research. Cardin opined that Republican opposition to the research is hurting the nation.

After the Fox rally, Cardin was headed to Baltimore for a rally with former vice presidential candidate John Edwards, a Democrat from North Carolina.

Cardin attended a rally in rally Prince George's County - a counter to a Steele endorsement earlier in the week by Demorats in the predominantly black county. Steele is the first African-American elected statewide in Maryland; Cardin is white.

Backing Steele, the lieutenant governor introduced a group of ministers who are suuportive of Steele.

"I don't know anyone who wants to be poor. I don't know anyone who wants to be illiterate," Steele said to applause from the ministers, most of whom were black.

Steele's election platform focused on his promises to reduce poverty and push for more foreign aid to Africa and the Caribbean. He also promised to try to increase federal aid for small business development and college tuition.

Breaking Legal News.com
Sheryl Jones
Staf Writer



Victim's Boyfriend Arrested in S.C. Ditch Murders
Criminal Law Updates | 2006/11/03 17:57

Authorities said Friday, that a scond man, identified as Charles Gamble, 24, was arrested and charged with assisting in the murder and cover-up of three people, discovered in a drainage pipe near a downtown apartment complex.

According to Columbia Police Chief Dean Crisp, all three victims had been attacked at a nearby apartment and then moved to the drainage pipe. A woman had been stabbed to death and two men fatally shot. Charles Gamble, was the woman's ex-boyfriend and father of her young child.

Jeremal Doreal Robinson, 21, of Columbia was also arrested and has been charged as an accessory and with obstructing justice.

Crisp said, "We're confident that we have the man that committed the murders. We're confident also that we have the individual who assisted him after the act in moving the bodies."

The victims, now identified as Charlene Octavia Yarbrough, 19, Marcus Antonio Wilson, 26, and Marquis Mitchell, 25. Investigators were reviewing several potential motives including a possible domestic dispute, police said.

A resident of the apartment complex, Rodrena Patrick, 20, said Gamble had been living there until he and Yarbrough got into a fight about a month ago. The couple's child had been taken into protective custody.

Gamble, who was on probation for a stalking conviction, has a criminal record dating back to a 2000 grand larceny charge, Crisp said.

Breaking Legal News.Com
Neal Andrea
Staff Writer


Record Companies Sues Parent and Her Kids
Business Law Info | 2006/11/02 18:30

Five record companies, represented by the Recording Industry Association of America, filed a lawsuit in federal court in White Plains on Wednesday against Patricia Santangelo's son and daughter, accusing them of pirating songs over the Internet.

The lawsuit accuses Michelle Santangelo, 20, and brother Robert, 16 of downloading and distributing over 1,000 songs, including "Pretty Fly (for a White Guy)" by the Offspring, "MMMBop" by Hanson and "Beat It" by Michael Jackson, and that Michelle acknowledged downloading songs on the family computer.

The complaint read, "In short, each of the defendants participated in the substantial violations of plaintiffs' copyrights at issue and then concealed their involvement, standing idly by as Patricia Santangelo repeatedly protested their innocence and chastised plaintiffs for filing allegedly frivolous litigation."

Jordan Glass, attorney for the Santangelos, disputed the recording industry's allegations and said he was at Michelle Santangelo's deposition and does not recall her "admitting or acknowledging downloading."

Called "an Internet illiterate parent," by a federal judge last year, Paricia Santangelo came to the forefront of attention by her denial of downloading songs and her adamant refusal to settle with the recording industry, for $7,500 to keep her name out of the lawsuit.

Defenders of Internet freedom helped pay for Santangelo's attorney. Patricia Santangelo stated her personal innocence but of her children she said she had no knowledge of them downloading and, if they did, to blame the computer programs.

The industry is requesting unspecified damages for each download, an injunction, and court costs.

The record companies have forced most file-sharing computer networks , and has sued thousands of individuals, including minors, for allegedly music pirating.



GA.-Feds Sued for Racial Profiling of Hispanic Citizens
Court Feed News | 2006/11/02 18:12

A lawsuit was filed in federal court by the Southern Poverty law Center on Wednesday against the US Immigration and Customs Enforcement Agency (ICE). The lawsuit alleges that over the Labor Day weekend, ICE harassed five US citizens of Mexican descent during an illegal immigration shakedown in Georgia. The civil rights group, the Southern Poverty Law Center claims ICE, illegally detained, harassed and searched the Mexican-Americans' persons based only on their appearance in a raid on a chicken processing plant, violating the US citizens' Fourth and Fifth Amendment rights. An ICE spokesman declined to comment on specific claims in the suit, but said of the accusations, they were "patently false."

The goal of the Southern Poverty Law Center is to certify the lawsuit as a class action. The lawsuit, filed in the US District Court for the Northern District of Georgia, names ICE, its officials and the 30 agents who conducted the raid as defendants. The illegal immigrant population in Georgia has more doubled since 2000.

Sheryl Jones
Breakng Legal News.com
Staff Writer



Excess of $1 Million in Cocaine Seized in N.M.
Criminal Law Updates | 2006/11/01 18:56

U.S. Customs and Border Protection Border Patrol agents working in New Mexico made significant narcotics seizures this week by seizing more than 400 pounds of marijuana and 43 pounds of cocaine through a combination of traffic checkpoint operations and routine patrol efforts. The total value of the contraband was valued at over $1.7 million.

The largest seizure of marijuana was made Wednesday by Border Patrol agents at the I-25 traffic checkpoint. After the occupants of a late model GMC truck granted agents consent to search the truck they discovered a total of 291 pounds of marijuana in numerous hidden compartments. Members of the "Raven Unit" of the NMNG were called up to dismantle the after-market compartments located in the gas tank, rear cab wall, and metal tire rims. The total value of the marijuana is $233,000.

In a separate incident, another seizure was made by Border Patrol agents who were on patrol near Hatch, N.M. Agents spotted a minivan attempting to circumvent the Border Patrol traffic checkpoint on I-25. When agents caught up to and performed a vehicle stop, they were granted permission to search the vehicle. Utilizing the assistance of a CBP canine, they discovered 19 bundles of cocaine wrapped in cellophane and brown packaging tape that was hidden in another after-market compartment behind the dashboard of the van. The cocaine weighed 43.16 pounds, and is valued at more than $1.3 million.

The narcotics, vehicles and four occupants were turned over to the Drug Enforcement Administration in Las Cruces. The New Mexico National Guards' Raven Unit has provided support for the U.S. Border Patrol since 1995. This unit has specialized tools, training, and equipment to safely and efficiently dismantle compartments where narcotics are hidden.



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