The Trump view on TPS and what is Means for the Hondurans

During the last 20 years, since the 1998 hurricane hit Honduras, the US government has permitted thousands of immigrants from the country to live and work within the US as opposed to forcing them to return to their own country.

What the Trump Administration is planning

While the reprieve hasn’t been ended just yet, the department of Homeland Security, under President Trump’s administration announced that it is unable to arrive at a decision on whether they should extend the Temporary Protected Status (TPS) for the 57,000 Hondurans currently residing in the United States.

What is the TPS?

Attorney and legal analyst Karen DeSoto explains that the TPS program was created during Ronald Reagan’s presidency with an aim to mend the gap in his immigration policy. While the Immigration Reform and Control Act of 1986 was signed, he granted legal status to thousands of undocumented immigrants. However, this act overlooked one group of people – those who entered the country without authorization in 1982 or after.

What Next?

While the decision on the Hondurans is still pending, DHS is terminating protection for 2500 Nicaraguans currently in the US starting January 2019. Assuming that they register with US Citizenship and Immigration Services, the Hondurans get six more months protection while the current administration takes its time to make a decision.

The state department has also recommended that they push El Salvador and Haiti out of the program over the next few months. These four countries put together account for over 300,000 people legally residing in the United States. 

A Peek into Discrimination Legislation and Issues

Discriminatory practices can occur in any facet of employment. Karen DeSoto, a workplace discrimination lawyer says that it is illegal for employers to make any kind of assumption on the basis of gender, race, age and nationality related stereotypes. It is also unlawful for employers to assume that an individual cannot perform his or her job because he or she is disabled.

Discrimination Based on Age

This practice is specifically protected by law. With rare exceptions, employers are forbidden to maintain an age preference in job listings. Also, all employees are expected to receive the same benefits irrespective of their age, except when the cost of providing supplemented benefits to the younger workers is the same as offering reduced benefits to the aging workers.

Discrimination Based on Religion

Employers cannot discriminate onthe basis of religious customs of their existing or potential employees. Businesses in the US are expected to accommodate for the religious beliefs of an employee, provided it does not have an excessive negative effect of the employers.

Discrimination Based on Gender

It is unlawful to pay a different salary to men and women with the same exact responsibilities at work, same qualifications, skill level and position. Businesses are also forbidden to lower the salary of one gender to equalize the pay between both men and women.

In addition to this, discrimination based on pregnancy status, nationality and physical disability is also unlawful in the United States. Creating a hostile work environment that interferes with the performance of the employee is considered unlawful.

How to Prevent Running into Trouble with the US Immigration

Whether you are working in the United States or are simply visiting, the last thing you want to do is run into trouble with the US immigration. Here are a few tips by legal expert and activist Karen DeSoto, that will help you steer clear of trouble while in the US – 

• Remember that the US Citizenship and Immigration service tends to be rather backed up. Planning in advance helps you prevent falling out of your status and making sure that your work permit or immigration status is updated before the authorities get to you. 

• If you already have a green card, it is recommended that you file for a US citizenship as soon as it is legally possible. This will prevent any chances of deportation and also improve chances of security for your immediate family. 

• When arriving into the United States from another country, make sure you are prepared to convince border officials why you serve to retain your entry visa. They have all the power to send you back if they deem you to be a security risk. 

• As a tourist, avoid packing anything that suggests you intend to permanently stay back. Items such as your resume or a wedding dress can all act as a red flag. 

If you intend to get a green card via a family member, check if more than one member is eligible to petition for your visa. For instance, if a brother, spouse or a parent can both file for you, use all the channels possible. This way, if the waiting list under one category gets extremely long, or if a member dies, your other options are in process already. 

Trump’s Travel Ban: What does International Law Say?

Earlier this year, American President Donal Trump signed an Executive Order to protect the nation from foreign terrorists to enter the country.

What does the Ban Include?

The order places a limit on the number of refugees that enter the United States. It bans entry of foreign nationals from seven Muslim majority countries such as Yemen, Syria, Sudan, Somalia, Libya, Iraq and Iran. President Trump cited that the travel ban is in effect to prevent radical Islamic terrorists from entering the nation.

Is this Ban Justified from anInternational Law Perspective?

Karen DeSoto, a human rights activist and legal expert however points out that, not a single national from these seven nations have ever carried out a terrorist attack on US soil.

According to international refugee law experts, the US has operated one of the largest resettlement programs for over four decades, admitting significant number of refugees seeking asylum in their nation. During this span of time, only three Americans lost their lives in attacks conducted by Cuban refugees way back in the 70s. Besides this, there is absolutely no data supporting his claim of terrorist threats through refugees.

This ban is already facing a number of legal challenges in national courts within the US. In addition to this, when this ban is challenged by a UN body or an international court, this ban may collide with International laws.

What does the International Law Say?

The Article 3 of the 1951 Convention Relating to the Status of Refugees disallows discrimination in the application of the convention on the grounds of country of origin, religion or race.

What to Expect when you file a Discrimination Claim at Work

If you wish to file a discrimination claim at work, you may first file your claim at the EEOC and TWC. They will conduct an investigation to legitimize your claims. Human rights attorney Karen DeSoto provides some insights.

• If the investigation determine that there isn’t sufficient evidence for them to take your case, they will issue to you a letter that is essentially a right to sue. This allows you to file your discrimination claim without the help of the EEOC or TWC.

• Remember that you will be allowed to file a suit solely on the basis of the information you originally provided in your charge, so be thorough and have an expert review it.

• If the charge does not provide sufficient information or correct information, chances are that you will be left with an invalid claim or lose a viable claim that could otherwise have improved your chances of compensation.

• Remember that the investigators at EEOC and TWC will assist you in filling out the claim limits. However, they are not lawyers and may not take into account all the factors required for a successful result.

• Employing a lawyer to help you draft your lawsuit is highly recommended.

Having a lawyer represent you is a prudent and realistic approach to a discrimination claim, allowing you to improve your chances of winning the suit.

Why you need an Attorney to fight your Discrimination Case

If you believe that you have been victim to discrimination at work, it is important that you know what your rights are. In addition, depending on how complex the case is, you may need to hire an experienced attorney who is focused on that field of law. Attorney Karen DeSoto offers the following insights.

What is the Scope of an Attorney? 

An employment discrimination attorney will better be able to assess the validity of a claim, and define the strategy to move forward.

● Assess Whether the Employer Discriminated Against You 

For illegal discrimination to take place, the incident(s) need to fall under a category that is protected by the federal or state anti-discrimination laws. Not all categories are obvious and therefore require the expertise of an attorney that understands the subtlety, nuances and interpretations in this area of the law.

● Gather and Present Evidence that Supports your Claim 

Proving the intent of your employer, superiors, coworkers, or anyone who discriminated against you at work can be tricky, especially since most people will not admit their bias. Your attorney will help gather evidence by subpoenaing key documents, taking depositions of witnesses and obtaining the right testimonies to help your case.

● Help Run a Cost-Benefit Analysis 

This is one of the biggest advantages of hiring an attorney. He or she will be able to walk you through the strong and weak points of your case, highlight the expenses and the amount of damages you can actually recover if you win.

Finally, your attorney will be able to layout your options and give you a correct perspective on where you stand in your discrimination case.

Privacy at Work – Does it exist?

As technology progresses at insurmountable rates, it is becoming easier for employers to watch you while you work. If workplace privacy is a concern for you, here are some insights by attorney Karen DeSoto –

Like it or not, Employers Monitor Online Activity 

Studies show that as many as 63% of employers in the US monitor internet connections at the workplace. This means that your employers have access to one or more of the following –
• Your emails
• What you browse on the web
• Your phone calls
• Your computer files
• Video recordings

Companies are also investing in computer software that allows them to monitor stored data on screens of workplace computer terminals. In data entry and word-processing jobs, it is common for employers to pursue keystroke monitoring. This refers to the number of keystrokes an individual makes within an hour.

Why are my Employers Tracking my Activities? 
Workplace terminals are monitored to assess productivity, compliance with company policies, make sure company data remains secure and gather actionable insights.

Furthermore, your social media activities are also probably being tracked by employers to ensure safety of company and client information and to make sure the personal information of other employers is not made public.

Employers also track social media accounts to ensure there is no criticism against employers, customers and subordinates.

Is this Legal? 
Generally speaking, employers do have the right to monitor workplace computers; especially since the networks and the hardware is owned by them. However, some union contracts may limit the nature of this monitoring.