Comments

You have commented 339 times on Rantburg.

Your Name

Your e-mail (optional)

Website (optional)

	My Original Nic Pic-a-Nic Sorry. Comments have been closed on this article.
Foto

Submit your comments on this article

Home Front: Culture Wars

An illegal alien who can legally sue

2006-05-23

The case of Victor Manuel Cabellero falls into a whole new zone of troubles. He not only lives here illegally; the state Supreme Court has now opened a legal door for him and other undocumented immigrants to collect from a special state fund set up to protect anyone hurt in a car accident with an uninsured driver. Victor Caballero may not have the legal right to actually live in New Jersey, but New Jersey says he has the legal right to receive generous benefits for being here. Lets call it the DREAM Act for uninsured alien drivers.
When Victor arrived, he moved into an apartment with his brother and two cousins. Victor quickly got a job in a restaurant. But after two months, he moved up to a computer repair job, earning around $400 a week. His day began at 5 a.m., when he would be picked up by a co-worker, 19-year-old Ricardo Martinez. Only two weeks into the computer job, court papers say, Martinez fell asleep at the wheel one morning. The car veered off the road and struck a parked tractor trailer.
He was transported to the Jersey Shore Medical Center where surgeons repaired injuries to his abdomen and intestines. Caballero stayed a week at the hospital, then needed another six weeks to recover before he could return to work. The cost: $38,300 in medical bills and $1,482 in lost wages. Caballero had no medical insurance, nor did his family.
Caballero's attorney, Victor Covelli of Belmar, says his client was worried that he would be deported when he filed suit against fellow illegal immigrant, Ricardo Martinez. Complicating the issue, Caballero was also suing to collect from a special New Jersey fund for anyone injured in an accident with an uninsured driver. Caballero lost twice, when courts ruled he was not a legal resident and therefore had no right to the special accident fund. But last week, the state Supreme Court ruled in his favor, declaring him a resident even though he was here illegally.
In the opinion authored by Supreme Court Justice James Zazzali; "We recognize the apparent paradox that exists when an undocumented alien intends to remain in this state but that alien, because of his or her illegal status, is subject to deportation at any time ... The fact that an undocumented alien may some day be forced to return to his or her homeland does not necessarily defeat the intent to remain. That is especially true in light of the uncertain nature of deportation." Simply puthe was "Forced" to live in the shadows.
The $38,300 bill from the medical bill was paid by a special hospital charity fund. So why is Caballero suing? His lawyer says the Supreme Court ruling makes him eligible to collect up to $15,000 -- for pain and suffering.
Edited, full text at link

Posted by:DepotGuy

#3 Other than his current or past US employer(s) protecting his own ass by imposing prequisite deductions from Victor's paycheck. a routine that the employer himself may not like andor fully comprehend the legal merits for or against, the article makes no mention of supporting evidencias Victor submitted in court to prove his alleged "intent to remain", e.g. notarized affidavits of intent to stay + paperwork/prelimin public docs proving personal effort towards achieving de facto US citizenship or permanent residency!? It remians to be seen iff Victor or tohers like him will willingly pay for his personal medical bills as opposed to the more likely NEW JERSEY STATE GOVT - as long as he stays illegal, the taxpayers and Govt of New Jersey may be held accountable for payment of Victor's bills. Iff the State is gonna tolerate LT illegal aliens residing and working in their state, and wid little to no proof of progress by the illegal towards national-state citizenship or legal residency , IMHO the Hospital can and should sue the State for payment. ANY JUDGE THAT DOEOS OTHERWISE IS JUST BEING A POLITICIAN IN JURIST'S CLOTHING, MAKING A POLITICAL DECISION(S) NOT A LEGAL ONE(S)!? Too many Lefties and Governmentists love making alleged universal libertarianist decisions as long as somebody else pays for the consequences, to make things right again.

Posted by: JosephMendiola 2006-05-23 22:42

#2 This letter was sent to Tennessee Senator Bill First from a retired border
patrol agent, and it has more common sense than all the bull being spewed from
the Senate, with the exception of a few sensible representatives.

Dear Senator First:

There is a huge amount of propaganda and myths circulating about illegal
aliens, particularly illegal Mexican, Salvadorian, Guatemalan and Honduran
aliens.

#1.
Illegal aliens generally do NOT want U.S. citizenship. Americans are very
vain thinking that everybody in the world wants to be a U.S. citizen. Mexicans,
and other nationalities want to remain citizens of their home countries while
obtaining the benefits offered by the United States such as employment, medical care, in-state tuition, government subsidized housing and free education for their offspring. Their main attraction is employment and their loyalty usually remains at home. They want benefits earned and subsidized by middle class Americans. What illegal aliens want are benefits of American residence without paying the price.

#2.
There are no jobs that Americans won't do. Illegal aliens are doing jobs that Americans can't take and still support their families. Illegal aliens take low wage jobs, live dozens in a single residence home, share expenses and send money to their home country. There are no jobs that Americans won't do for a decent wage.

#3.
Eery person who illegally entered this nation left a home. They are NOT
homeless and they are NOT Americans. Some left jobs in their home countries.
They come to send money to their real home as evidenced by the more than 20 billion dollars sent out of the country each year by illegal aliens. These illegal aliens knowingly and willfully entered this nation in violation of the law and therefore assumed the risk of detection and deportation. Those who brought their alien children assumed the responsibility and risk on behalf of their children.

#4.
Illegal aliens are NOT critical to the economy. Illegal aliens constitute
less than 5% of the workforce. However, they reduce wages and benefits for
lawful U.S. residents.

#5.
This is NOT an immigrant nation. There are 280 million native born
Americans. While it is true that this nation was settled and founded by
immigrants (legal immigrants), it is also true that there is not a nation on
this planet that was not settled by immigrants at one time or another.

#6.
The United States is welcoming to legal immigrants. Illegal aliens are not
immigrants by definition. The U.S. accepts more lawful immigrants every year
than the rest of the world combined.

#7.
There is no such thing as the "Hispanic vote". Hispanics are white, brown,
black and every shade in between. Hispanics are Republicans, Democrats,
Anarchists, Communists, Marxists and Independents. The so-called "Hispanic vote" is a myth. Pandering to illegal aliens to get the Hispanic vote is a dead end.

#8.
Mexico is NOT a friend of the United States. Since 1848 Mexicans have
resented the United States. During World War I Mexico allowed German Spies to operate freely in Mexico to spy on the U.S. During World War II Mexico allowed the Axis powers to spy on the U.S. from Mexico. During the Cold War Mexico allowed spies hostile to the U.S. to operate freely. The attack on the Twin Towers in 2001 was cheered and applauded all across Mexico. Today Mexican school children are taught that the U.S. stole California, Arizona, new Mexico and Texas. If you don't believe it, check out some Mexican textbooks written for their school children.

#9.
Although some illegal aliens enter this country for a better life, there
are 6 billion people on this planet. At least 1 billion of those live on less
than one dollar a day. If wanting a better life is a valid excuse to break the
law and sneak into America, then let's allow those one billion to come to
America and we'll turn the USA into a Third World nation overnight. Besides,
there are 280 million native born Americans who want a better life. I'll bet
Bill Gates and Donald Trump want a better life. When will the USA lifeboat be
full? Since when is wanting a better life a good reason to trash another nation?

#10.
There is a labor shortage in this country. This is a lie. There are
hundreds of thousands, if not millions, of American housewives, senior citizens, students, unemployed and underemployed who would gladly take jobs at a decent wage.

#11.
It is racist to want secure borders. What is racist about wanting secure
borders and a secure America? What is racist about not wanting people to sneak into America and steal benefits we have set aside for legal aliens, senior
citizens, children and other legal residents? What is it about race that
entitles people to violate our laws, steal identities, and take the American
Dream without paying the price? For about four decades American politicians have refused to secure our borders and look after the welfare of middle class
Americans. These politicians have been of both parties. A huge debt to American society has resulted. This debt will be satisfied and the interest will be high. There has already been riots in the streets by illegal aliens and their
supporters. There will be more. You, as a politician, have a choice to offend
the illegal aliens who have stolen into this country and demanded the rights
afforded to U.S. citizens or to offend those of us who are stakeholders in this
country. The interest will be steep either way. There will be civil unrest.
There will be a reckoning. Do you have the courage to do what is right for
America? Or, will you bow to the wants and needs of those who don't even have the right to remain here? There will be a reckoning. It will come in November of this year, again in 2008 and yet again in 2010. We will not allow America to be stolen by third world agitators and thieves.

David J. Stoddard
U.S. Border Patrol (RET)
Hereford, Arizona

Posted by: Besoeker 2006-05-23 16:29

#1 What ever happened to the principle that 'one can not profit from the commission of a crime'?

Posted by: Glinetle Speagum8691 2006-05-23 16:27

00:00