Garcia v. Audubon Communities Management, LLC
United States District Court for the Eastern District of Louisiana
2008 U.S. Dist. LEXIS 31221 (2008)

- Written by Emily Laird, JD
Facts
The Garcias and other nondocumented workers (collectively, the workers) (plaintiffs) sued their former employer, Audubon Communities Management, LLC (Audubon) (defendant), for claims under the Fair Labor Standards Act (FLSA) and the Victims of Trafficking Protection Act (TVPA). The workers claimed that Audubon withheld wages, threatened legal action because of their nondocumented-worker status, provided substandard food and housing, and subjected them to involuntary servitude and human trafficking. Shortly after the workers sued Audubon, Audubon informed Immigration and Customs Enforcement (ICE) of the workers’ nondocumented status. ICE detained the workers, who then faced deportation. The workers filed emergency motions for U-visa certifications. The workers requested the federal district court judge certify their U-visa applications, which if granted, would allow them to legally remain in the United States during any investigations into Audubon’s activities. Audubon argued that the workers were ineligible for U visas because they did not allege the requisite physical and mental abuse required for a U visa. Audubon also argued that the workers could not receive U visas because the case against Audubon was civil in nature, not criminal.
Rule of Law
Issue
Holding and Reasoning (Berrigan, J.)
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