Yes, he can be deported ... and the company can be fined.
Talk to an employment lawyer.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
This is a serious labor law violation. Your friend should consult an employment or labor law attorney.
Sophia Solovyova, Esq. 32 Broadway Suite 1310 New York, N.Y. 10004 T: 917-279-0134 F: 646-435-9234 email@example.com www.immigrationcollective.org
He cannot file a claim and be deported as a result of filing such a claim. Illegal immigrants can enforce their rights to unpaid overtime.