Immigrant & Refugee Rights (IRR) Project

Laura Varela Project Director
Ruth Spivack Asylum Coordinator
Chris Hansen Legal Assistant

Established in 1978, the Immigrant and Refugee Rights Project serves as a critical resource for immigrants and refugees who are victims of civil rights violations committed by employers, landlords and by government entities.

IRR Staff

The Project also represents immigrant workers who are exploited in the workplace and denied their rights pursuant to federal and local wage and hour laws. The Project has achieved numerous victories by engaging in impact litigation to affect change and improve the lives of immigrants living in the D.C. metropolitan area.

With the assistance of law firms, the Project also provides pro bono legal representation to individuals seeking asylum in the United States and promotes fair and equitable immigration laws through policy advocacy. Since 1978, the Project has counseled or directly represented thousands of individuals seeking political asylum or other immigration relief. It has also provided training for hundreds of volunteer attorneys to represent asylum applicants.

Project Activities

IRR ClientWith the assistance of law firms, the Project also provides pro bono legal representation to individuals seeking asylum in the United States and promotes fair and equitable immigration laws through policy advocacy. Since 1978, the Project has counseled or directly represented thousands of individuals seeding political asylum or other immigration relief. It has also provided training for hundres of volunteer attorneys.

 

2922 Sherman Avenue Tenants’ Assoc., et al., v. District of Columbia
CASE NO. 1:00-CV-00862 (U.S. DISTRICT COURT, DISTRICT OF COLUMBIA)

Together with Relman & Dane PLLC, Jenner & Block LLP and Tycko & Zavareei LLP, the Committee obtained a settlement worth $700,000 on behalf of twenty-four tenants of the Columbia Heights/Mt. Pleasant Neighborhood alleging discrimination on the basis of national origin.

The settlement resolved the tenants’ claims that District officials selectively enforced housing codes when they condemned large apartment buildings in predominantly Hispanic neighborhoods and forced tenants to move, under the guise of “code enforcement” with little or no notice to the tenants, and no relocation assistance.

Equal Rights Center, et al. v. City of Manassas, et al.
CASE NO. 1:07-CV-1037 (U.S. DISTRICT COURT, EASTERN DISTRICT OF VIRGINIA)

The Committee and co-counsel, Beveridge & Diamond PC filed a lawsuit on behalf of the Equal Rights Center and eight Hispanic individuals against the City of Manassas and the Manassas City Public Schools (MCPS) alleging that the City and its schools system engaged in a systematic effort to target, discriminate against, and evict the City’s Hispanic residents. The lawsuit alleged that the City violated the U.S. Constitution, the Federal Fair Housing Act, and federal and state civil rights laws by selectively enforcing zoning and related laws to target Hispanic residents and by engaging in illegal harassment, intimidation and coercion based on national origin and familial status.

In October 2008, the parties reached a settlement agreement which included expansive new protections for residents who are subject to the city’s residential inspections. The agreement also resolved allegations that the Manassas City Public School system improperly released student information to aid the city in its inspection efforts. In addition, the settlement provided for a payment of $775,000 to resolve all the plaintiffs’ claims of damages, attorneys’ fees and administrative costs related to the lawsuit.

Lopez, et al. v. NTI, et al.
8:08-CV-01579 (U.S. DISTRICT COURT, MARYLAND)

Co-counseling with Brown Goldstein Levy LLP and CASA of Maryland, the Committee successfully represented 42 individual immigrant workers from Africa, Mexico, and Central America who had claims for unpaid minimum, overtime and promised wages after digging trenches and installing fiber-optic cable for the benefit of Verizon. After CASA of Maryland spearheaded the “Can You Pay Me Now” public relations campaign against Verizon (www.canyoupaymenow.org), Brown, Goldstein & Levy coordinated the litigation against eight of Verizon’s subcontractors, which to date has resulted in a partial settlement of $105,000. This amount covers a portion of the worker’s unpaid promised wages as well as attorneys’ fees and costs. Brown, Goldstein & Levy, together with the Committee and CASA of Maryland continue to litigate this case.

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You Have The Right To Be Paid For Your Work

If you did the work, your employer must pay you regardless of your immigration status.

You Have The Right To Be Paid The Minimum Wage

  • The minimum wage in Washington, D.C. is $8.25/hour
  • The minimum wage in Maryland is $7.25/hour
  • The minimum wage in Virginia is $7.25/hour
  • Exceptions: Employers don’t have to pay the minimum wage if the employee receives tips or if he/she is a farm worker.

You Have The Right To Receive Overtime

  • Generally, the federal and local laws mandate that an employer pay an employee overtime if the employee works more than 40 hours in one week.
  • Note: Some employers assume that if they pay a salary or by project, they can avoid paying overtime. Call us if you’re working more than 40 hours in one week.
  • Overtime should be paid at the rate of 1.5 times your regular hourly rate. For example, if your employer normally pays you $10/hour, your overtime rate would be $15/hour. If you work 50 hours per week, you would earn ($10 x 40 hours) + ($15 x 10 hours) = $550 per week for 50 hours.

Time That You Spend Waiting For Your Employer – Do You Have To Be Paid For That?

  • If an employee is required to arrive at a worksite at a specific time but he/she has to wait until he/she can begin working, he/she should be paid for this waiting time.
  • Exception: If an employee has the option to stay and wait or to leave before receiving an assignment, the employer generally does not have to pay for that waiting time.

You Have The Right To Be Paid

  • Generally, employees must be paid every two weeks.
  • If an employee is fired from work, he/she must be paid shortly thereafter, but it depends on the jurisdiction to determine whether he/she must be paid on the same day that he is fired, the next day, or the next pay day. Please contact us with inquiries.
  • If an employee quits, he/she generally must be paid the next regular pay day or before seven days depending on the jurisdiction.

Unlawful Deductions

  • Generally, employers may not make deductions that decrease an employee’s wages below the minimum wage.
  • Deductions, if permitted and authorized, by the employee might be lawful.
  • Transportation: Generally, if an employer transports an employee for the benefit of the employer, the employer may not deduct the transportation costs.
  • Tools: An employer may not deduct the cost of tools from an employee’s wages. An employer may not deduct the cost of safety equipment if the equipment is necessary in order to abide with OSHA.
  • Uniforms: An employer may not collect the cost for uniforms if wearing the uniform is required by law or required by the employer.

Over the past 30 years, the Immigrant and Refugee Rights Project and its volunteer attorneys have provided pro bono legal representation to individuals seeking asylum in the United States. Cases are selected on the basis of legal precedent and financial need.

Today the Project administers an active docket of more than 25 political asylum cases and provides intake services to more than 100 individuals each year. Many of the Project’s asylum cases have had significant value as legal precedents, leading to basic reforms and policy changes.

The Project also provides updated information to attorneys upon request, and assistance to individual asylees regarding post-asylum benefits and responsibilities.

The IRR Project annually co-sponsors asylum law training with the DC Bar Pro Bono Program, which distributes a comprehensive manual for pro bono attorneys who agree to represent indigent clients.

 

 

 

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