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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.  


          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.  


          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.  


          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?



          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.  


          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.  


          1.       Yes (b).  

          2.       We are unable to furnish you with response to this question.  


1.                  Yes, they have rights.  

          2.       Yes.  


          1.       Yes (ii) No (iii) Through Legal Representation.  

2.       Yes (ii) Through Legal Representation.  


          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.  


          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).  


            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

  1.       Irregular immigrant workers and their family members are entitled to fair trial and court protection on the same terms as citizens of this country.  

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.  


          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?



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.  


          1.       Not applicable.  

          2.       Not applicable.  

          3.       Not applicable.  


          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.  


          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.  


1. No (ii) Do not exist.  

          2. Yes Public Health Centers.          

          3. Yes (ii) N.I.S (iii) No. 


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.  


          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.  


          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:




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.

              Saint Lucia  

          1.       Yes.

          2.       Yes.

          3.       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.  


          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.  

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