In the case of Avila-Blum v. Casa de Cambio Delgado, Inc., the appellate court upheld the magistrate judge’s protective order prohibiting questions on immigration status during the plaintiff’s deposition and explaining that such questions could chill employment discrimination cases. The court found that the ruling was not clearly erroneous or contrary to law despite the fact that there may have been an issue of credibility. A party’s credibility does not warrant unlimited inquiry into one’s immigration status when it would impose an undue burden on private enforcement of employment discrimination laws (S.D.N.Y. May 16, 2006).
National Immigrant Women's Advocacy Project