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NEWS & LETTERS, May 2002 

Illegal firing now OK

Chicago— The Supreme Court decided 5-4 in favor of Hoffman Plastics Compounds against the National Labor Relations Board (NLRB) on March 27 to deny back pay to a worker who had been illegally fired for union organizing. After he was fired, Jose Castro admitted that he had entered the United States without documentation and had used a friend’s Texas birth certificate to gain employment.

The Supreme Court said that Castro himself had performed illegal acts, gaining employment being one of them, and had violated immigration policy. The entire argument is that these other laws take precedence over labor law, in a country in which the activity of labor is seen as having little value, but is normally seen as a cost.

Mr. Castro was denied his right to back pay because of his "illegal" activities. The company was given less than a slap on the wrist, required to post a notice detailing its prior unfair practices. In effect, violating labor law doesn’t cost you anything.

While the cowardly politicians and reactionaries have used the crimes of September 11 to burden immigrants with greater restrictions, labor and the Left must insist that the actions of a few cannot delegitimize the humanity of the many who come to the United States looking for work. Since this case changes the way the NLRB treats immigrant workers, it is necessary that a greater effort be made to change the legal regime for immigrants and their families. We must demand “Amnesty Now.”

—D. D.

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