CLEVELAND, OH – South African illegal alien Trevor Noah has some limited rights to file a personal injury civil claim against American Negro Dr. Riley J. Williams, III just like anyone else in the United States of America. There are limits, however, on whether he can collect on “future earnings losses” in the state of New York because he’s an illegal alien.
By filing a claim against Dr. Williams the South African citizen, Noah, opens the door to his deportation and the termination of his unlawfully contracted employment with Viacom. He exposes Viacom as a violator of the nation’s federal immigration laws. Under the 1986 Immigration Reform and Control Act Noah’s personal injury claim is dismissable as someone with no legal authority from the United States of America to “reside” in “New York” where he claims to be a “resident.”
By his own words to United States Senator Lindsey Graham on his Daily Show March 24, 2015, the illegal alien South African comedian has given Riley the preponderance of evidence he needs to make Noah’s immigration status relevant to the personal injury claim he’s filed against the hospital that employs him. Noah told the federal legislative officer, when asked if he was a citizen, that he did not have a green card. Graham advised him to leave the United States of America and suggested that Noah do so “quickly.”
Noah ignored the federal lawmaker and has continued working in the United States of America for the past 5 years, illegally, under contract with Viacom. The South African citizen – a person who has not pledged allegiance to the United States of America and renounced the Government of South Africa – remains a subversive “unauthorized alien” criminal presence since filing his personal injury claim against Riley and Hospital for Special Surgery on November 29, 2021.
Noah’s drawn first blood against Dr. Williams with his personal injury claim; and with the negative publicity that’s been directed at the defendant medical doctor and his hospital employer. Noah’s attorney, Justin Blitz, of Schulman Blitz, has painted a portrait of the health care providers as extremely negligent. Treatment occurred between August 25, 2020 through approximately December 17, 2020.
“That as a result of the aforesaid conduct, plaintiff TREVOR C. NOAH was rendered sick, sore lame and disabled; sustained severe and painful personal injuries; sustained severe nervous shock, mental anguish, severe emotional distress and great physical pain; was confined to bed and home for a long period of time; was compelled to undergo hospital and medical aid, treatment and attention; has suffered loss of enjoyment of life; was prevented from engaging in his usual occupation for a long period of time; and since some of his injuries are of a permanent nature, he will continue to suffer similar damages in the future.”
If Blitz’s description of Dr. Williams’ health care competence is to be believed, the Brooklyn Nets sports physician is one of the worst medical practitioners in the United States of America. What Noah and Blitz may not have considered is how Dr. Williams and Hospital for Special Surgeries attorneys will respond. A statement has been issued by HHS that describes Noah’s personal injury complaint as “meritless.”
If Dr. Williams and Hospital for Special Surgeries lawyers are ruthlessly on their game, then Noah and Viacom officials will have their own set of probative interrogatories and deposition-generated responses to questions about his “Social Security card” and contract. The courts have ruled in the past that there are times when a person’s immigration status in a personal injury claim is prejudicial. Not when they’re admitted immigration law criminals like Noah. How is Viacom contracted with and paying a South African citizen who is legally restricted from being issued a Social Security card? It’s Noah who made his “occupation” an issue in the claim against Dr. Williams.
When Noah truthfully confessed to Graham in 2015 that he was an illegal alien, the confession identified his Viacom employer as a violator of Title 8 of the United States Code, Section 1324a. The heading is “Unlawful employment of aliens.” Viacom violated Section 1324a(1) and continues to violate Section 1324a(2).
(a) Making employment of unauthorized aliens unlawful (1)In general, It is unlawful for a person or other entity — (A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or (B) (i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b). (2) Continuing employment It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.
Every employer in the United States of America has a federal law requirement to obtain and verify the information an employee is required to provide them with on a Form I-9 issued by the Department of Labor. If they are an alien, an immigrant and a “DREAMER,” they’re required to give the employer the immigration records, birth certificates, a valid social security number, a state issued identification card and other information that establishes their legal presence in our nation.
The above are documents Noah must be ordered to produce as they are relevant to Dr. Williams’ defense should the illegal alien prevail on his claims that the Brooklyn Nets sports physician and the hospital were somehow negligent in their care and treatment. Noah can’t claim any future earnings as a deportable illegal or unauthorized alien; and his “deportability” must be reviewed by the jury and the court. The South African’s description as a “deportable alien” is found in Title 8, Section 1251 of the United States Code. “Deportable aliens(a) Classes of deportable aliens” is the heading.
“Any alien (including an alien crewman) in the United States shall, upon the order of the Attorney General, be deported if the alien is within one or more of the following classes of deportable aliens: (1) Excludable at time of entry or of adjustment of status or violates status (A) Excludable aliensAny alien who at the time of entry or adjustment of status was within one or more of the classes of aliens excludable by the law existing at such time is deportable. (B) Entered without inspectionAny alien who entered the United States without inspection or at any time or place other than as designated by the Attorney General or is in the United States in violation of this chapter or any other law of the United States is deportable. (C) Violated nonimmigrant status or condition of entry(i) Nonimmigrant status violatorsAny alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable. (ii) Violators of conditions of entryAny alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182(g) of this title is deportable.”
What “loss of earnings” can a South African national with no self-confessed legal right to be in our nation and work have against an American? His medical care hasn’t affected the illegal South African alien’s ability to schedule a 13-city in tour in 2022 with promoters and venue operators who may or may not know they’re violating 8 USC 1324a. What “work” and “citizenship” documents is Noah giving them to affirm his presence here is legal?
As “liberal” as New York courts have been towards immigration its state laws are pre-empted by federal immigration laws. The constitutionally-compliant judges are upholding a Supreme Court of the United States ruling in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002). Article 8 of the United States Constitution gives Congress control over who’s allowed into our nation and how they’re authorized to reside in it.
The Hoffman ruling gives individuals and business owners illegal aliens sue for wages the right to seek a dismissal. Without rights to work they don’t have rights to sue for wages they earned while working unlawfully. The Supreme Court in the Hoffman Plastics and National Labor Relations Board ruling took the position that aliens were NOTgoing to be rewarded for violating federal laws.
“Thus, allowing the Board to award backpay to illegal aliens would unduly trench upon explicit statutory prohibitions critical to federal immigration policy. It would encourage the successful evasion of apprehension by immigration authorities, condone prior violations of the immigration laws, and encourage future violations.”
What some New York courts have done is allow damages “against employers” to be sought based on the prevailing wage of an illegal alien’s home country. The language for this is found in, Sanango v. 200 East 16th Street Housing Corporation, N.Y. App. Div., No. 2571, December 28,2004 and in Balbuena v. IDR Realty, N.Y. App. Div., No. 2191, December 28,2004.
New York’s Second U.S. Circuit Court of Appeals in 2006 held that evidence of a plaintiff’s “removability” (susceptibility to deportation under IRCA) is permissible. That’s found in Madeira v. Affordable Housing Foundation, Inc., 469 F.3d 219, 251 (2nd Cir. 2006).
Noah has a problem because he can’t undo all his Daily Show and comedy tour appearances from inside the United States of America since he started working here illegally in 2015. He can’t undo the immigration documents or verification records he submitted to Viacom; or the annual tax documents they both submitted to the Internal Revenue Service. He, also, can’t fail to answer Dr. Williams and the Hospital for Special Surgeries’ interrogatories and deposition questions. He’s got to produce the “verification” documents proper diligence would require his attorneys to request. It’s all explained in the Supreme Court’s Hoffman ruling.
As we have previously noted, IRCA “forcefully” made combating the employment of illegal aliens central to “[t]he policy of immigration law.” INS v. National Center for Immigrants’ Rights, Inc., 502 U. S. 183, 194, and n. 8 (1991). It did so by establishing an extensive “employment verification system,” § 1324a(a)(1), designed to deny employment to aliens who (a) are not lawfully present in the United States, or (b) are not lawfully authorized to work in the United States, § 1324a(h)(3).3 This verification system is critical to the IRCA regime. To enforce it, IRCA mandates that employers verify the identity and eligibility of all new hires by examining specified documents before they begin work. § 1324a(b). If an alien applicant is unable to present the required documentation, the unauthorized alien cannot be hired. § 1324a(a)(1).
Similarly, if an employer unknowingly hires an unauthorized alien, or if the alien becomes unauthorized while employed, the employer is compelled to discharge the worker upon discovery of the worker’s undocumented status. § 1324a(a)(2). Employers who violate IRCA are punished by civil fines, § 1324a(e)(4)(A), and may be subject to criminal prosecution, § 1324a(f)(1). IRCA also makes it a crime for an unauthorized alien to subvert the employer verification system by tendering fraudulent documents. § 1324c(a). It thus prohibits aliens from using or attempting to use “any forged, counterfeit, altered, or falsely made document” or “any document lawfully issued to or with respect to a person other than the possessor” for purposes of obtaining employment in the United States. §§ 1324c(a)(1)-(3). Aliens who use or attempt to use such documents are subject to fines and criminal prosecution. 18 U. S. C. § 1546(b).
Under the IRCA regime, it is impossible for an undocumented alien to obtain employment in the United States without some party directly contravening explicit congressional policies. Either the undocumented alien tenders fraudulent identification, which subverts the cornerstone of IRCA’s enforcement mechanism, or the employer knowingly hires the undocumented alien in direct contradiction of its IRCA obligations.
Viacom’s going to have the same burden of providing Dr. Williams’ and the hospital with the Noah’s Form I-9, his contract, pay records, bank account information, tax records, domestic and international travel records, passport and every required document he is supposed to possess from the Bureau of Immigration and Naturalization Services, the United States Department of State and the United States Department of Labor. All the federal records Noah and Viacom are required to possess and deliver, and don’t, will expose them to be both civil and potentially criminal law violators.
If there’s evidence discovered during Noah’s civil trial that both he and Viacom criminally violated federal laws, the judge pursuant to Title 18 of the United States Code, subsection 4, would be required under the federal “misprision of felony” statute to report it to the United States Department of Justice. Check. Trevor. Mate. Trevor.
If this is an example of Noah’s best immigrant thinking he’s fucked and so are the millions of people who’ve been following his “know nothing” political rants about the Government and officials of the United States of America. He still sounds like a British sissy. Did Noah discuss his civil claim against Dr. Williams and HHS, and its inherent risk of exposure for both himself and Viacom, with Viacom’s officials?
If he’s hurt from a surgery he obtained in the United States of America with his illegal earnings, Noah should have traveled back home to South Africa to let a physician from his legal place of residence care for him. If Dr. Williams goes all in defending his name and reputation, and uses every legal tool and right available to Americans vested with the constitutional authority to protect themselves from the claims of criminals, that’s where Noah will be residing during his rehabilitation.
Here’s one for Clevelanders. Since Noah resides in New York that city’s council has enacted an ordinance making it a $250,000 crime to call someone an “illegal alien” to demean or harass them. It’s no crime for illegal aliens to call Americans niggers, crackers, wetbacks, wops, guineas, kikes and spics.
In East Cleveland cops chase American Negroes to death over a minor misdemeanor expired license plate and overlook the population of illegal Russian, Ukrainian and Polish aliens living in the Owl’s Nest. When I read that shit in USA Today I said, “These mutha fuckas in New York have gone completely fucking crazy” and thought about actor Kurt Russell’s Snake Pliskin. “Escape from New York.” We need to build a wall around the un-American city and thank God I live in Ohio. For now.
For the purposes of “federal law” Noah is an “unauthorized alien.” Since this article is not demeaning or harassing the self-confessed immigration law criminal he’s an illegal alien; and Dr. Williams has a statutory right to treat him as such.