Immigrant advocates challenge Michigan workers' comp policy, seek pay for undocumented workers hurt on the job
After nearly four years of legal battles, one local advocacy group is gearing up to present its case before the Michigan Supreme Court, pushing to change state policies and grant pay for undocumented immigrants injured at work.
"The reality is that many employers gladly hire undocumented workers because they can pay them less and get away with more," said Anna Hill Galendez, managing attorney with the Michigan Immigrant Rights Center.
In 2021, the Michigan Immigrant Rights Center filed a lawsuit in state claims court to challenge a decades-old ruling that prevents undocumented workers who were hurt on the job from filing for wage-loss benefits.
State law currently says any employees who have committed a crime are exempt from qualifying, and as of right now, undocumented immigrants are considered under that label.
"It really does affect all working individuals who could see themselves facing less safe and healthy workplaces," said Galendez.
Less than 24 hours before oral arguments begin, MIRC managing attorney Anna Hill Galendez says this gap in protections encourages a race to the bottom for business owners across Michigan.
"And, where conscientious employers struggle to compete, and ultimately is harmful for all Michiganders, creating less safe workplaces for everyone," said Galendez.
While the case is still being heard on the state level, the lawsuit is already making national waves.
FarmSTAND, a legal advocacy group dedicated to safe and fair working conditions for food providers, says this decision could lead to long-term implications for future administrations.
"This case isn't about recovering any damages passed; it's simply saying that the governor has to comply with the law going forward," said David Muraskin, managing director for litigation, FarmSTAND.
With the goal of getting the case back in the state's lower courts, lawyers say their mission is simple.
"We count on all sorts of workers, including those who are undocumented, to bring food to our table and care for people at home, and all sorts of work throughout the state of Michigan," said Muraskin.
CBS News Detroit reached out to the governor's office for comment and was directed to the briefs filed by the attorney general's office on her behalf.