Rebutting Speculative Economic Loss Claims of Immigrants and Illegal Aliens: Considering Reverse Immigration Phenomena
Defendants are encountering an increasing number of lost earnings claims of recent immigrants. Often these immigrants are employed in industries, such as construction, although they often are employed in other industries which are lower paying. The typical scenario is that such plaintiffs, through their economic experts, put forward long term projections of lost earnings based upon a limited earnings history that is frequently also an undocumented earnings history. Sometimes, the claims are legitimate, but too often they are speculative. In order to rebut the speculative claims, defendants need to better understand the basic economics of the labor market for immigrant workers.