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STANISLAW MAJLINGER, Plaintiff,<BR> v. <BR>CASSINO CONTRACTING CORP. et al., Defendants.<BR>JACK THAON et al., Third-Party Plaintiffs,<BR>

which like a `magnet' pulls illegal immigrants towards the United States. H.R. Rep. No. 99-682, pt. 1, at 45 (1986)." (At 147, 155.) Critically, the Court therein specifically noted that awarding back pay to illegal aliens for work not performed runs counter to the policies underlying the IRCA, which made the knowing employment of illegal immigrants unlawful, and thereby serves to marginalize federal immigration laws. By a parity of reasoning, for this court to sanction the recovery of lost wages by an undocumented alien for work not performed would run contrary to both the letter and spirit of the IRCA, whose salutory purpose it would simultaneously undermine. Manifestly, it is not within the power or competence of this court to encroach, even by indirection, upon the immigration policy of these United States. On constraint of Hoffman, it is therefore the determination of this court that plaintiff's claim for lost wages must be dismissed (accord generally Renteria v Italia Foods, Inc., 2003 WL 21995190, 2003 US Dist LEXIS 14698 [ND Ill, Aug. 21, 2003]; cf. Cox, A Call to Revisit Sure-Tan v. NLRB: Undocumented Workers and Their Right to Back Pay, 30 SW U L Rev 505 [2001]). In so doing, this court is not unmindful of the contrary opinions expressed by other courts of original jurisdiction regarding the matter at hand, but must respectfully disagree and look to our appellate courts for guidance. Accordingly, it is ordered that the motion for partial summary judgment of defendants Cassino Contracting Corp. and Veterans Property, Inc., and the cross motions for partial summary judgment of defendants New York City Partnership Housing Development Fund Company, Inc., sued herein as New York City Partnership Housing Development Fund Company, D & Sons Construction Corp., the City of New York and third-party defendant Alum-A-Pole Corp. are granted to the extent that plaintiff's claim for lost wages are hereby severed and dismissed.

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Majlinger v. CASSINO CONTR.
(Oct 1, 2003)