Lawsuit seeks lawyer access to immigrants in prison
U.S. Court News
A rights group filed an emergency lawsuit in federal court Friday against top officials of U.S. immigration and homeland security departments, alleging they have unconstitutionally denied lawyers' access to immigrants in a prison in Oregon.
Immigration and Customs Enforcement transferred 123 immigrants in early June to the federal prison in Sheridan, Oregon, because other holding facilities have been overloaded since the Trump administration enacted a "zero tolerance" policy in April involving people entering the U.S. illegally.
The American Civil Liberties Union of Oregon filed the lawsuit in Portland on behalf of the detainees, who are mostly from Mexico and Central America. The lawyers say they've been denied meaningful access to the detainees, many of whom escaped violence in their home countries and are seeking asylum in the U.S.
"The U.S. Constitution protects everyone who is on U.S. soil," said Mat Dos Santos, legal director of the ACLU of Oregon. "You have fundamental rights to due process of law. You can't just throw them in prison."
An interfaith group, meanwhile, announced it would be holding Sunday morning services outside the prison. The Interfaith Movement for Immigrant Justice, which is organizing the services, is based in Portland.
"With Attorney General Jeffrey Sessions invoking Romans 13 to validate the immoral separation of immigrant children from their families, this can no longer be a time for 'business as usual' for Christian communities," said the Rev. Michael Ellick of First Congregational United Church of Christ in Portland.
Last week, Sessions cited a Bible verse urging obedience to the laws of government "for the purpose of order."
Among the people being held in the medium-security prison is Luis Javier Sanchez Gonzalez, whose family was separated at the border when they sought asylum at a port of entry, the ACLU said.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.