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Retaliation

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The Illegal Alien Defense

Defendants sometimes challenge a claimant's legal status during a lawsuit, which is sometimes called "the illegal alien defense." Unlawful status does not bar the suit, but may affect damages. 

The question of a plaintiff's immigration status has been addressed by California courts only in the context of a personal injury suit.  In Rodriguez v. Kline, 186 Cal. App. 3d 1145, (1986), the court held that while immigration status did not bar recovery, if the plaintiff was in fact deportable, the proper measure of his damages for loss of future earnings was with reference to lost earnings at his likely wage in Mexico and not in the United States.

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Retaliation

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