Motion in Limine Clause
(Immigration Status)

Summary

This clause is for use in a motion in limine brief that asks the court to preclude a defendant from introducing evidence of a plaintiff's immigration status at trial in employment discrimination and Fair Labor Standards Act (FLSA) overtime or minimum wage claims. This clause includes practice guidance, drafting notes, and an alternate clause. This clause is based on federal law and does not address all potential state law distinctions; thus, if you are litigating a claim in state court, you should check any relevant state and local laws and standards. If you are litigating in federal court, you should check the relevant federal district and appellate court rulings. For more information on motions in limine, see Motions in Limine: Making the Motion Video (Federal) and Motion in Limine Checklist (Federal). For information on employment immigration issues, see the Labor & Employment Business Immigration topic.