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Trinidad and Tobago 1.
Not known. 2.
The competent authority to determine whether an immigrant worker and
members of his family can be expelled from this country is the Ministry of
National Security. It is the same
authority for both regular and irregular immigrant workers. a.
An immigrant worker and his family members who are expelled from this
country may go to a country other than his country of origin. b.
Not known. c.
Not known. d.
Not known. e.
Immigrant workers are informed of the decisions of administrative or
court authorities in his own language. 3.
Not known. 4.
Not known. 5.
Not known.
United States
1. All
deportations and removals from the United States are treated on an individual,
case by‑case basis. 2.
Deportation hearings are decided by an immigration judge under the Immigration
and Nationality Act. These decisions can be appealed to federal U.S.
District courts. a.
Yes, depending on the individual circumstances involving residence and
nationality. b.
The administrative procedure involves the alien being served with a
charging document to appear before an immigration judge. The alien has the right
to appeal the judge's decision to federal U.S. District courts. If ordered
deported, the alien is given a reasonable time to leave the United States. The
alien may be required to obtain departure verification. c.
Yes, appeals to decisions by immigration judges may be made to federal
U.S. District courts. d.
The District Director of the Immigration and Naturalization Service under
whose jurisdiction the case falls has the authority to allow the worker to
remain pending its resolution. e.
Administrative and judicial decisions are issued in English. If the
decision is made during a hearing, aliens who do not speak and understand the
language are generally informed of the decision through an interpreter. Written
decisions, however, are not translated.
3. Removal
orders issued by immigration judges can be appealed to the Board of Immigration
Appeals (BIA). If the BIA upholds the removal order, an alien can appeal to the
federal judicial courts. Those courts can overturn the removal order and, if
they determine compensation is warranted, award such compensation.
4. Generally,
the alien is given a fair and reasonable time to leave the country. Aliens may
have to provide departure verification. Exceptions involve criminal violations,
where the alien may be immediately deported. 5.
All aliens ordered removed from the United States are entitled to keep
the wages they earned. Under the Fair
Labor Standards Act (FLSA) and other laws enforced by the Department of
Labor, which deal with employee wages and working conditions, a person's
immigration status does not affect his or ha entitlement to receive proper
payment for all hours worked. The Department of Labor collects back wages from
problem employers on behalf of wronged employees. When these workers have
already been deported, DOL, working with other agencies (i.e., the Department of
State, the Immigration and Nationalization Service), makes every reasonable
effort to locate the expelled or deported workers so that they receive these
back wages. Venezuela 1.
No. Massive deportations are prohibited. Pact of San Jose Costa Rica
article 22(9). 2.
The competent authority is The Ministry of Internal Affairs.
Yes. a.
No. The expulsion
(deportation) is always to the county of origin with the exception established
in article 43 of the Foreigners’ Law, which establishes that the expelled will
not be obliged to leave the country by a way that leads to the jurisdictional
territory of the Government that persecutes him, if it were the case. b.
The established in articles 35 through 53 of the Administrative Procedure
Organic Law. Yes. c.
No. The Foreigners Law Nevertheless,
the Constitution of the Republic (article 49) and the “Ley Organica de Amparo
sobre Derechos y Garantias Constitucionales (gaceta Oficial Number 33.891 of
2241-88) establish the right of every inhabitant of the Republic (or “persona
juridica domiciliada” in it) to ask of the competent judges protection in the
constitutional rights, even of rights that being fundamental to every person are
not recognized in the Constitution, from any fact, act or omission performed by
the National, State or Municipal branch of power.“Poder Publico Nacional,
Estatal o Municipal” (or from the citizens or
private organizations), who have violated, violate or threaten to violate
such rights and guarantees. Because
it is a remedy of constitutional rank, also regulated by a “ley organica”
(of superior rank than the Foreigners’ Law which is common), nothing stops a
foreigner who is ordered to leave the country immediately in accordance to
article 34 of the foreigners’ law, or whose expulsion from the country is
ordered in accordance to articles 35 to 46 “ejusdem”, can file a “recurso
de amparo” when such measures or decrees violate fundamental rights or
guarantees. On
the other hand, if the expulsion measure is imposed by the judiciary, the
affected will have the opportunity to file the ordinary judicial remedies of
appeal and “ Recurso de Hecho” (articles 50 through 55 of the Criminal
Procedure Code) which are filed and decided within the same procedure. In the
cases in which the expulsion is determined by the extraordinary procedure, the
extraordinary remedies that can be filed are the “ Recurso de
Casacion”(article 327 to 354 ejusdem) and the ‘Revision de la Sentencia
Penal” (article 56 ejusdem). Finally,
it is important to state that the President can revoke the expulsion decree at
any time. (Article 44 of the Foreigner Law). d.
In the case of the judicial procedure, the immigrant worker who has been
imposed the penalty of expulsion, and files an ordinary or extraordinary remedy
against the decision will stay in the country until there is a final decision by
the competent judiciary organ. In
case of the administrative procedure “procedimiento administrativo” because
there is no remedy (article 47) the foreign worker must leave the country in
three to thirty days, as established in the expulsion decree. The
foreigners’ law, in its article 46, establishes that the foreigner against
whom an expulsion decree has been issued can be preventively detained or
submitted to authority surveillance, depending on the case, while he/she awaits
his/her departure from where he/she is, or during his transport through land or
during his/her permanence on board until the ship has definitely abandoned
Venezuelan territory. e.
The National Constitution, in its article 6, establishes that the
official language is Spanish; for this reason, every decision coming from an
administrative authority and/or judiciary must be communicated in Spanish. Article
13 of the Civil code also states: The legal language is Spanish. The public
offices cannot use another one in their acts. In
the hypothesis that a foreigner (immigrant worker) does not know the Spanish
language, a public translator will be provided or if it is not possible a person
with sufficient knowledge of the language, according to what is established in
article 5 of the Public Translators Law. 3.
The Law does not establish a compensation for the immigrant or any member
of the family when the President who is the only competent person to revoke the
referred decree annuls the decree. 4.
From 3 to 30 days, according to article 40 of the Foreigners law. 5.
The immigrant worker of regular or irregular status will be able to
attend his affairs through a duly authorized represebtative. The
Treaty of Tonchala establishes as well that no worker, even though they have no
documentation, can be fired or returned to the frontier before being paid his
salary and social benefit accordance to labor laws, with out prejudice of the
measures that the authorities have to take to insure their exit of the country.
6.
Judicial Guarantes and Due Process
of law 1. Are irregular
immigrant workers and their family members entitled to fair trial and court
protection on the same terms as citizens of your country?
Can an irregular immigrant worker be expelled from your country merely by
appearing before the court system for any other matter?
Are legal counsel services available to migrant workers who are unable to
pay the legal services of a professional? 2. Are immigrant workers
and their family members entitled to appear before the diplomatic authorities of
their country of origin or to seek assistance for the protection of their
rights, or from the authorities who represent the interests of that country?
If so, how is that right made available to the migrant workers and their
family members?
Brazil 1.
Item 32 lists the causes that result in deportation or expulsion of
aliens. In Brazil, access to free legal counsel is a constitutional principle,
regulated by law. The assistance is specifically for those who lack the
financial resources to pay court costs and lawyers’ fees, on the basis of a
socio-economic profile of the individual. In theory, persons have a right to the
services of the public defender if they earn less than five times the minimum
wage and have no substantial assets. 2.
There is no recent information to the effect that Brazilian authorities
have at any time prevented aliens from having recourse to the diplomatic or
consular missions of their country of origin. Diplomatic and consular officials
assist their nationals resident in Brazil. In some cases they provide legal or
political assistance. In others, they even provide material aid.
Canada
1.
Yes; no; legal aid (financial assistance) may be available for criminal
charges, depending on the nature of the crime and the financial circumstances of
an accused.
2. Yes.
Canada is a Party to the Vienna Convention on Consular Relations. Particularly
in cases of detention before removal, all persons have access to legal counsel,
consular officers, family, friends and NGOs.
Both legal counsel and consular officers have access to the detainee at
any time, and the detainee may contact them at any time.
Other groups of visitors, such as family, friends and NGOs, can visit
detainees during scheduled visiting hours.
Where there are no scheduled visiting hours (i.e., short-term detention
in a hotel room), special arrangements can be made upon request.
Dominica 1.
Yes (b).
2.
We are unable to furnish you with response to this question.
Ecuador 1.
Yes, they have rights.
2. Yes. Grenada 1.
Yes (ii) No (iii) Through Legal Representation. 2.
Yes (ii) Through Legal Representation.
Guatemala
Article 4 of the Political Constitution of the Republic establishes that:
"Freedom and equality. In
Guatemala all human beings are free and equal in dignity and rights. Men and women, whatever their civil status, have equal
opportunities and responsibilities. No
person can be submitted to involuntary servitude or any other condition that
diminishes their dignity. Human
beings should conduct themselves as brothers to one another."
Additionally, the Constitution provides, in article 12, that: "The
right to defense. The defense of a
person and their rights is inviolable. No
one can be condemned or deprived of their rights, without having been summoned,
heard and sentenced in a legal matter before a competent judge or court
previously established by law.
No person can be tried by special or secret courts or by procedures not
previously established by law."
Article 31 of the Law on Migration and Foreigners [Ley
de Migración y Extranjería] stipulates that: "Foreigners are subject
to the laws of the Republic, including the provisions of International Law
accepted by Guatemala." Article 41: "Foreigners are
guaranteed the rights to liberty, equality and personal security, their honor
and possessions, in accordance with the Constitutional provisions, with the
exceptions established by law." With regard to undocumented migrant
workers that do not have remedies for their defense, they have the option of
seeking help from university legal aid offices in the country, which offer free
legal assistance or advice. Additionally,
they can go to the public defenders' office provided by the Judicial System,
which is also a free service. 2.
Migrant workers and their families have the right to go to or communicate
with the consular authorities or diplomats of their country of origin.
Honduras
1. Yes.
Under the conditions in which the Hondurans make their petitions and claims,
since foreign aliens living in our country are entitled to the same civil rights
as Hondurans, and they must resort to the authorities that represent the
interests of the Honduran State, such as the Labor Secretary and Labor and Human
Rights Organizations.
2. Yes.
Upon entering the country, foreign aliens are obliged to respect the laws and
the authorities. They are subject to the ordinary and extraordinary charges of a
general nature under which Hondurans are obliged. “Ley de Población y Política Migratoria”, article 37; Civil Code,
article 12 and Constitution, article 31).
Mexico
1. Yes.
Articles 14 and 16 of the Constitution enshrine juridical guarantees,
which are extended to Mexican nationals as well as foreigners.
Article 14 of the Constitution, which pertains to such guarantees,
establishes “No one shall be deprived of life, liberty or property,
possessions or rights, but by virtue of a trial carried out before previously
established tribunals, under the essential formal procedural requirements and in
accordance with laws passed before the events”.
For its part, Article 16 of the Constitution, which pertains to
perturbances, establishes: “No one shall be perturbed either personally, or
with respect to their family, home, papers or possessions, but by virtue of a
written order issued by the competent authority, which shall provide the grounds
and motives for the procedure”.
-
No, as indicated previously, the competent authority with respect to
expulsions is the Ministry of the Interior, through the National Migrations
Institute [Instituto Nacional de Migración,
INM], which is an administrative organ, not a jurisdictional body.
When a foreigner, who could be an irregular migrant worker, appears
before a judge, for example, in civil or criminal matters, the judge shall limit
himself to the matter under his purview and, with regard to the migratory status
of a foreigner without documents, the judicial authority shall only notify this
fact to the INM, so that it may investigate the matter, but a judge may never
order the expulsion of a foreigner.
-
In criminal matters, both Mexicans and foreigners have the right to
defense under Article 20, sections II.IX and X, paragraph 3 of the Political
Constitution of the United Mexican States, which establish that in legal
assistance matters every individual which is, in principle, presumed guilty of
committing an illegal act, and later prosecuted in a criminal court, shall be
informed from the beginning of the rights guaranteed to him by the Constitution
and he shall have the right to an adequate defense, by himself, or by means of
an attorney or a trustworthy person appointed by him.
If he cannot or does not wish to appoint an attorney, after begin asked
to do so, the Agent of the Office of the Public Prosecutor, and later the judge,
shall appoint a defense attorney, who shall participate in all the procedural
acts that require his presence, otherwise the proceedings shall have no value as
evidence.
-
On the other hand, under the recently approved Federal Public Defender
Law [Ley Federal de Defensoría Pública],
published on May 29 of this year in the Public Registry [Diario
Oficial de la Federación], which derogates the previous norm of February
1922 and provides for a legal adviser [asesor
jurídico], who is charged with giving free juridical advice to whoever
requires it in all matters except for those of a criminal natures.
2. When
a migrant, who in this case could be a worker or a member of his family, is
secured of detained, for matters related to the legality of his presence in
national territory, or because he has engaged in some criminal activity,
regardless of whether he has documents or not, the INM immediately contacts the
consular authorities of the migrant’s country of origin, with a view to
ensuring that these authorities provide him with the necessary legal support.
The previous procedure is strictly in accordance with the international
commitments assumed by Mexico under the Vienna Convention on Consular Relations.
When a foreigner is secured by the migration authorities for being in the
national territory without documents, the INM (administrative organ) has the
duty to notify that the foreigner is being held to the consular authority of his
country, so that the consuls or civil servants responsible of the consular
sections establish contact with him as soon as possible.
This way, the foreigner may have access to a legal representative in
those administrative acts through his consular representative.
With the purpose of granting foreigners a better protection of their
consular rights, the Government of Mexico has promoted the establishment of
bilateral instances, called Consular Protection Consultation Mechanisms [Mecanismos de Consulta sobre Protección Consular], with a view to
guaranteeing permanent and fluid communication between migration authorities and
consular representatives, which shall facilitate the development of consular
protection activities, as well as to speed the attention and resolution of cases
of human rights violations.
In 1996, on the basis of the experience of the Consultation Mechanisms on
the Functions of the Immigration and Naturalization Service and Consular
Protection [Mecanismos de Consulta sobre
Funciones del Servicio de Inmigración y Naturalización], with the
participation of Mexican consular representatives in the United States of
America and the U.S. immigration authorities, Consular Protection Consultation
Mechanisms were established between Mexico and Guatemala, Mexico and Costa Rica,
Mexico and El Salvador, as well as Mexico and Honduras, under which gather
Mexican migration authorities an the consuls of the above mentioned Central
American countries. In 1997, Mexico
and Nicaragua established a similar mechanism.
Saint Lucia
1. No,
Yes, No. 2. Yes. They can contact the diplomatic authority of their
country of origin. Trinidad and Tobago 2.
Immigrant workers and their family members are entitled to appear before
the diplomatic authorities of their country of origin or to seek assistance for
the protection of their rights, or from the authorities who represent the
interests of that country.
United States 1.
Anyone in the United States illegally ‑ be they migrant worker or
otherwise ‑ is entitled to the same due process. They are placed into
removal proceedings before the immigration courts, where they can seek relief
against their removal by requesting withholding of removal, cancellation of
removal, or asylum. Aliens in removal proceedings may be represented by counsel,
and those who cannot afford such counsel are provided with the names of lawyers
and organizations that provide pro bono representation.
2.
The United States maintains diplomatic and consular relations with most
independent nations. Consequently, there are nearly 1,300 foreign consular
offices (including consulates and honorary consuls) in the United States. In
many instances, foreign governments have consular offices at various locations
throughout the US. No obstacles, legal or otherwise, prevent foreign nationals,
including migrant workers and their families, from contacting consular
representatives of their country of nationality at such offices.
When foreign nationals are detained for law enforcement purposes, they
may seek consular assistance through direct request by mail or phone, by asking
the detaining authorities to advise their consular officials of their request,
or by asking their lawyer to contact their consular representatives, who may
then call or visit them in detention. In the case of arrests and detention, law
enforcement officials should make foreign nationals aware that they may request
that the consulate be notified of their arrest or detention if they so desire,
in accordance with Article 36 of the Vienna Convention on Consular Relations. In
addition, the United States has bilateral consular agreements with about 56
countries that, in cases of arrest or detention of nationals of these countries,
require notification of the sending state's consular of finials in the US
regardless of the detainee's wishes. With respect to foreign nationals
who are not detained, but who wish consular assistance, informing them that they
may seek such assistance is generally the responsibility of the sending state.
For example, states may inform their citizens through documentation such as
passports or other informational means of the services available from the
consular posts. (United States passports contain advice to the bearer about
contacting US diplomatic and consular establishments abroad.
Venezuela
1.
Yes. Foreign aliens are entitled to the same rights that Venezuelans are,
with the limitations established in the Constitution and the laws. They are
therefore allowed to use the same means defense and guarantes established in the
Venezuelan Constitution and Criminal Procedure Code. Yes. Nevertheless, it is not usual
in Venezuela to detain and expel who has been presented before de Courts.
Yes. Legal counseling services fall within the competence of councelors
of the Secretary of Labor and of the different institutions that offer free
legal counseling.
2. Yes.
They are allowed to communicate with foreign service personnel of their own
country and with their relatives. 7.
Payment of taxes
health coverage, social security system 1. Do irregular
immigrant workers have to pay taxes on their salaries or wages? 2. Do irregular
immigrant workers have any type of coverage of their health needs by the public
health service? If so, how is such coverage extended and what does it consist
of? 3. Do irregular
immigrant workers and their family members have access to the benefits of the
social security system of your country? If
so, what do these benefits consist of? Are
there any limitations in this connection on irregular migrant workers?
If so, what are they?
Brazil 1.
As provided in the Federal Constitution (Article 196), all persons have a
right to health, and it is the duty of the state to guarantee, through
appropriate social and economic policies, the reduction of the risk of disease
and other aggravating factors, and universal nondiscriminatory access to actions
and services for the promotion, protection, and recuperation of health.
In accordance with the rules of the National Health System, all persons
who present themselves at an establishment of the public health network, be they
Brazilian or alien, legal or illegal, must receive prompt attention. 2.
As already mentioned, the illegal presence of an alien in national
territory may in theory affect his or her benefit of protection by the state.
Paragraph 1 of Article 201 of the Constitution provides that “any person shall
be able to participate in the benefits of social pension plans, by contribution
to the pension plans.” According
to law, the pension plans, on the basis of contributions, cover: i) illness,
disability, and death, including the results of labor accidents, old age, and
confinement; ii) assistance for support of dependents of low-income insured;
iii) protection of maternity, especially nursing mothers; iv) protection of the
worker in the case of involuntary separation; v) survivor annuity for a man or
woman who is the spouse or companion of the insured, and dependents. Social welfare is provided to anyone who needs it, even if
they have not contributed to social security. (Article 203). 3.
There is nothing to prevent a migrant worker who is illegally in Brazil
from joining a labor union, provided the specific rules are followed,
specifically Article 8 of the Constitution: “Professional or trade union
membership is open, subject to the following provisions:
i) The law may not require state authorization for the establishment of a
union, provided it is duly registered with the competent organ. Government
agencies are not permitted to interfere in any labor organization; ii) It is
illegal to organize more than one labor organization at any level, representing
the same professional or economic class in the same area, which shall be defined
by the workers and employers involved, and shall not be smaller than the area of
a municipality; iii) The union is responsible for defending the rights and
collective and individual interests of workers in the respective category,
including in legal or administrative matters; iv) The general assembly shall
establish the dues that shall be deducted from the payroll for professional
workers to underwrite the costs of the federative system of labor
representation, apart from the deductions mandated by law; v) No person shall be
required to join or remain a member of a union; vi) Unions are required to take
part in collective bargaining; vii) Union members who have retired have the
right to vote and be elected in unions; viii) Employers are prohibited from
firing unionized employees who have registered to become a candidate for union
president or representative, and if they are elected, even as an alternate, they
cannot be fired for up to one year following their term, except for grave
misconduct as provided in law. Sole paragraph.
The provisions of this article apply to the organization of rural and
fishing unions, provided they meet the conditions of the law.
Canada 1.
Not applicable. 2.
Not applicable. 3.
Not applicable.
Colombia
1. In
accordance with the Ministry of Labor, migrant workers in an irregular situation
do not pay taxes on their salaries, because their hiring is presumed to be
illegal. 2.
As a consequence of their illegal status, irregular immigrants have no
social security coverage whatsoever under our country’s social security
system. 3.
Immigrant workers in an irregular situation, due to this circumstance,
are not covered by the social security system of our country. In this regard, it is necessary to
bear in mind that, according to Article 11 of Law 100 of 1993, the General
Pension System applies to “…all inhabitants of the national territory”.
At the same time, Article 15 of the same rule establishes the obligatory
affiliation to the system of “all persons under a work contract and civil
servants…” and, voluntarily, “independent workers and in general all
persons who reside in the country…” and “foreigners who remain in the
country under a work contract and are not covered by some system in their
country of origin or in any other country” Therefore, irregular immigrants and
their families could be covered by the General Pension System as inhabitants of
the national territory, as long as they have a work relationship or the economic
ability to join it. However, their
“irregular immigrant” status would create them problems in the processing of
their application and in paying the respective dues, because the form provided
for affiliation, as well as the documents necessary to pay for the services,
require an identification document from the affiliate or beneficiary. With respect to benefits, these are
the ones contemplated in generally for all affiliates to the system and they
consist of a pension for old age, disability, surviving members of the family,
or a replacement indemnification, as well as aid for funerary services.
1. Yes.
2. No.
3.
No.
Ecuador
1. Yes,
they have coverage, in health centers and free public hospitals.
2. Irregular
workers do not have the right to a Social Security. In order to have this right
they have to legalize their situation and they need a legal link to make the
affiliation mandatory because of the work dependency and therefore will be
entitled to all the services that the system offers.
3. Yes,
they have the right to be part of them, but there are legal limitations to chair
them because there is no reciprocity in other countries.
Grenada 1.
No (ii) Do not exist.
2. Yes Public Health Centers.
3. Yes (ii)
N.I.S (iii) No. Guatemala 1.
Migrant workers and their families have the right to go to or communicate
with the consular authorities or diplomats of their country of origin. 2.
Article 3 of the Law of Income Tax [Ley de Impuesto sobre la Renta]
establishes: "Taxpayers. Individuals
and corporations residing in or out of Guatemala, that obtain an income within
the country, whether or not they are a national or resident, are taxpayers of
this tax and they are obliged to pay the tax when it is verified that they
earned an income." Article 93 of the Political
Constitution of the Republic establishes: "The right to health.
The enjoyment of ones' health is a fundamental right of a human being,
without discrimination." From
this perspective, health is a right that all inhabitants of the Republic have
without any distinction. Undocumented
migrant workers have the same right as others to access to free public health
services within the country. This
service can also be received by their family, without any importance being given
to their status as migrants. 3.
The condition of undocumented workers does not permit them to have access
to the social security system which is strictly formal and constitutes a service
for the legal workers or documented migrant workers.
Honduras
1. Yes.
Foreigners are required to obey the law and respect the authorities as of their
entering the territory of the Republic; they are subject to the same ordinary or
extraordinary general regulations that the
Hondurans(article 37, Law of Population and Migratory Policies, article 12 of
the Civil Code and article 31 of the Constitution of the Republic).
2. Foreigners
have the right to health, as any Honduran, receiving direct atention
in Public Hospitals and Health Centers that the Government has all over the
country.
3. Every
foreigner has access to the benefits of the Social Security System, because in
Honduras the dignity of the people is not determined by status or migratory
quality.
Mexico
1. No,
migrant workers do not pay taxes on their wages or remuneration.
Given that they are undocumented, there are no formal means of control
over their income, which makes it impossible for the taxing authority to collect
such taxes.
2. Article
4 of the Political Constitution of the United States of Mexico indicates in
paragraph IV that every person has the right to health.
The law defines the bases for and modes of access to health services, and
establishes the concurrence of the federation and federation entities in the
area of general health.
In order for persons to have access to urgent medical services, the only
requirement to be seen is that, according to a doctor’s opinion, that
person’s health condition is grave, and if not attended to opportunely, would
place his or her physical integrity or very life at risk.
There is no limitation, either by reason of nationality or immigration
status, on the ability of a person to receive urgent medical services provided
by the State, for example through the Health Secretariat.
The foregoing is in accordance with the General Health Law.
The medical attention granted by the State through its Health Services
must be provided to any person, without distinction as to nationality or
immigration status, including medical care that is not urgent, i.e., general
medical care. The principal benefits of the
social security system of the State of Mexico include health services, medical
attention and education, among others, that are provided without cost to all
persons found within the national territory, independently of their immigration
status.
With respect to the labor sphere specifically, all workers have the right
to the social services established in Article 11 of the Insurance Law, which
comprises the following types of insurance, work risk, maternity and illness,
disability and life, retirement, old age, and nursery school and social
benefits.
However, in relation to irregular migrant workers, employers are obliged
to provide the medical attention, surgery, etc., that may be necessary when
required by the workers, in virtue of which in our country social security has
the purpose to subrogate the obligations of employers with respect to the health
of their workers. However, when an
employer does not register his or her worker in the social security regime, he
or she remains charged with compliance with the services provided by the Mexican
Institute of Social Insurance to rightful holders.
The foregoing is in accordance with the terms established in Part XIV of
Section “A” of Article 123 of the Political Constitution of the United
States of Mexico, which indicates: Article 123.
Every person has the right to honorable and socially useful work; to this
effect, the creation of jobs and the social organization for work will be
promoted, in accordance with the law. The Congress of the Union, without
contravening the following bases, shall issue the laws on work, which will
govern: A.
Workers, day laborers, employees, domestics, artisans
and, in general, every work contract: I… XIV. Business owners will be responsible for work
related accidents and illnesses of workers suffered by reason or in the exercise
of the profession or job they carry out; therefore, the employers must pay the
corresponding indemnity, according to the resulting consequence of death, or
temporary or permanent incapacity to work, in accordance with what the laws
determine. This responsibility will
subsist even in the case where the employer contracts for work through an
intermediary.
1. Yes.
2. Yes.
Trinidad y Tobago
1.
Irregular immigrant workers have to pay taxes on their wages or
salaries according to the system of taxation in this country.
2. Irregular immigrant workers have
coverage of their health needs and this is extended through the General Health
Service.
3. Irregular immigrant workers do not have access to the benefits of
social security system of this country.
United States 1.
Yes, they are required to do so by law. Nonetheless, those working in
irregular sectors, such as domestic service, may often fail to report, and pay
taxes on, their earnings. 2.
The United States does not have a "national (i.e., universal) health
program." Irregular (undocumented) migrant workers are not eligible for the
largest indigent health care 21 program, Medicaid, by virtue of their lack of
approved immigration status. Nonetheless, Community and Migrant Health Centers,
which are found in most States and are supported in part by Federal grant
funding, can provide primary health care irrespective of a person's immigration
status. Services provided by Community and Migrant Health Centers are not
considered a "Federal Public Benefit" Her
Federal Register/Vol. 63, Nº 14/Tuesday, August 4, 1998/Notices, page 41658).
As a result, Centers receiving grant funds of the aforementioned type do not
have to verify that a person applying for available services is a qualified
alien or eligible to receive the benefit. Community and
Migrant Health Centers are required by law to deliver primary and preventive
care to all, regardless of ability to pay. The types of services this includes
are well‑adult/child/baby visits, pro‑ and post‑natal
services, immunizations, acute and chronic health care, case management, and
referrals as needed.
3. Migrant
workers who are legally admitted by
the Immigration and Naturalization Service to work in the United States must
provide a Social Security number to their employer in order to ensure that
Social Security and Medicare taxes will be properly withheld if the wages are
covered.
Wages of a legally admitted migrant farm worker are covered under the
United States Social Security and Medicare systems if the worker: -
is paid $150 or more in cash wages during the calendar year for farm
work; or -
is paid less than $150 by an employer whose total agriculture labor
expenses for that year are $2,500 or more. It is very
important that both the employer and the worker keep accurate records so that
any required taxes are withheld and covered earnings are correctly reported.
Employers who do not withhold the required tax, submit the required reports, or
issue the required wage statements to the worker, may incur penalties. Covered wages
are posted to an individual's record in order to earn U.S. Social Security
credits for benefit purposes. As of 1999, a worker earns one credit for each
$740 of earnings, up to a maximum of four credits per year. The number of
credits needed depends on the worker's age and the type of benefit for which
he/she is eligible. Workers born 1929 or later need 40 credits (ten years of
work) to qualify for retirement benefits. A younger worker may also qualify for
disability or survivor's benefits, in some instances with as few as six credits.
Non-citizens who qualify for U.S. Social Security benefits may receive
unrestricted payments while residing outside the United States over six months
if they meet one of the exceptions specified in the U.S. Social Security Act.
Citizens of Mexico, for example, meet the exception specified in section
202(t)(2) of the Act. Thus, Mexican workers who qualify for benefits may receive
payments even after they have been outside the United States over six months. Dependents and
survivors who qualify for benefits on a worker's record may also receive
unrestricted payments after they have been outside the United States over six
months if they meet an exception specified in the Social Security Act. However,
in most instances, they must also have resided in the United States for at least
five years during which time they had the necessary relationship to the worker
(upon which benefits are based). Since as early
as 1992, the Social Security Administration (SSA) has been involved in public
education programs tailored to provide Social Security information to
agricultural workers, crew leaders, growers, and contractors. Three SSA
pamphlets are enclosed for your information. (Tab # 5) SSA wanted to ensure that
covered wages were being accurately reported and credited to the correct Social
Security record.
Venezuela
1. No.
Irregular immigrant workers, in general, enter the country to insert themselves
in the informal economy, therefore they lack the necessary documentation to be
able to access a job in the formal economy.
Those who work on their own or as dependants never get to have the
minimum quantity of annual remmuneration to pay taxes or contributions to the
national treasury. Also, to be
subject of the tax regime, they have to have a valid I.D., to obtain the tax
information number (NIT) and the Register of Fiscal.
Information (RIF), according to the laws that regulate the matter.
2. Irregular
immigrant workers do not have access to the Venezuelan Social Security System,
because they do not have the necessary documentation. Nevertheless, it is public and notorious that in the rural
clinics and hospital centers of the country these kind of workers are taken care
of when required. Also, the
irregular migratory worker may use public beneficiary centers.
3. Irregular
immigrant workers and the members of their families will not have direct access
to the Social Security System in Venezuela because they do not have the required
documentation for their registation in the system. [ Table of Contents | Previous ] |
