Illegal Immigrants in the United States - Research Paper Example

Illegal immigrants in the United s Introduction: An illegal immigrant means people who enter the United s illegally, and also those who stay in the country after expiry of their visa. Illegal immigration has been a major problem in the United States and the present Obama government is keen to alleviate this issue as much as possible. For this reason, great deals of efforts have been initiated by the president which shall be discussed in this paper. In most cases, entering the US through false papers and also overstaying visa regulations are major crimes for which the minimum punishment could be cancellation of visa and deportation back to where they have come from. Besides this, penalties in terms of fine and even jail sentences are also not uncommon for people who come to the US illegally. There is an urgent need to monitor such federal offences against the United States more closely and necessary action taken that could handle such situations with aplomb and tact. Besides, the judiciary and the law enforcement authorities have to enforce justice and the culprits should be brought before the due process of law. Plyler v Doe Case: However, it is possible that the illegal foreigners who enter and stay back in the country illegally could claim justice under the Equal Protection clause as was enunciated by the Supreme Court in Plyler v Doe case. “In Plyler v. Doe, the Supreme Court struck down a Texas law prohibiting enrollment of illegal aliens in public school. In its decision, the Court held, "The illegal aliens who are plaintiffs in these cases challenging the statute may claim the benefit of the Equal Protection Clause, which provides that no State shall deny to any person within its jurisdiction the equal protection of the laws. Whatever his status under the immigration laws, an alien is a person in any ordinary sense of that term. The undocumented status of these children vel non does not establish a sufficient rational basis for denying them benefits that the State affords other residents.” (Longley). Equal Protection Clause: However, it needs to be discovered whether the Equal Protection Clause is available to all or only to the natural citizen of this country. It would indeed be injudicious that all illegal entrants to the country of the US should be offered the privilege of Equal Protection Clause available to its citizens. Basically, the question boils down to discrimination, among the rightful citizens of the country and illegal immigrants. The 1st Amendment draws its strength from the 5th and 14th Amendment, referring to equal protection under the law by extension. Thus, the argument that is being drawn forth is that if the 1st Amendment could be used for the protection of rights and privileges of immigrants and that too, illegal, it could apply the provisions of 5th and 14th Amendment in this case too, and if this was struck down, it would amount to discriminatory treatment to these kind of immigrants. It is next necessary to consider the routes through which these illegal immigrants enter the country. They could be smuggled in from Cuba or could even be flown out or driven by road from Mexico. They could also be stowaways in containers or boxes or could have adopted some equally devious method to enter the United States. Thus, the mode of entering into the country does not really matter. What matters is that they have not used authorized methods of legally entering the United States “Once in the foreign country, illegal immigrants tend to become employed in what is known as "low skilled jobs.” These jobs are often labor intensive and dont tend to attract many employees. In the United States for example, the landscaping and construction sectors tend to be popular with immigrants as there is generally no requirement to be fluent in the English language. Other employment sectors that attract illegal immigrants include restaurants, hospitality, prostitution, agriculture and domestic service. Some argue that illegal immigrants tend to take on the jobs that residents or citizens refuse while others argue that illegal immigrants take away jobs in general.” (Illegal Immigration). Once in the country, the illegal immigrants now need to search for work. Job hunting is a major problem for they cannot be hired through normal channels and there are laws that prohibit employers from hiring illegal immigrants. However, while they may not be hired in white collar jobs, with knowledge of English language, they are used in labor categories in construction, agricultural field work and other works. Perhaps the main advantage of illegal migrants as compared to regular laborers is that they are cheaper in terms of wages, and they need not be paid any benefits. Also, they would not like to leave since they fear they would be caught by immigration and law enforcement authorities and deported. Therefore, from the perspective of employers, illegal immigrants could be a safe bet. They could also be seen as labor and cost saving devices in the larger commercial interests of construction, mining and other industries “Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who: Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or Eludes examination or inspection by immigration officers; or Attempts to enter or obtains entry to the United States by a wilfully false or misleading representation or the wilful concealment of a material fact; has committed a federal crime.” (Illegal Immigration is a Crime). Thus, when illegal entry into the country is a crime, the question that arises is why it that there are so many illegal immigrants in this country is. The main reason could be that the law enforcement is not able to take action against them due to certain factors, and also it favors crime and corruption that is rampant in various levels of administration, especially conspicuous in certain states more than others. While the illegal immigration laws are robust and resounding, the actual deployment and implementation of these has left a lot to be desired, more so since it is not only a matter of being a social evil but also an economic one. Due to the entry of illegal immigrants, the local population is also hard pressed for employment. This should be seen in the backdrop of the present economic scenario where in the US alone has nearly 8 million people in the unemployed listings and the entry of illegal immigrants would surely add to the economic woes of the country, battered by the worst economic depression since the one experienced during the 1940s or even worse than it. The problem of recession has brought the issue of illegal immigrants in the forefront, more so since wage levels have fallen and many people are now fighting hard to make both ends meet. Under such circumstances, it is indeed pathetic that jobs that should have gone to struggling Americans are now be used up by foreign illegal immigrants, some of them perhaps with no basic degree or qualifications to stake a claim for a job. Under such circumstances, the government is opting for securing the borders with Mexico with the enforcement of state troopers and military force, in a bid to enforce the August 1 deadline and also to seal the borders effectively so that no fresh immigrants could sneak into the country. There have been heavy protests over this ostensibly strong action taken by the Obama government but under the given circumstances there does not seem to be any other choice but to seek strong arm measures to quell the rising illegal immigrant population. However, the different strategies used by the government are also commendable. Since it is a problem that must be met upfront, the Obama government feels that a confrontationist attitude will not yield the necessary results. This is because threats of use of force and deportation would make them more hostile and intractable and, therefore, it is necessary to adopt soft hand techniques to handle this problem. This could be done by making sure that if possible their illegal status is legalized through the government channels. A large number of immigrants may have been here for many years and thus, it is quite possible that they may need to be treated at par with the local population. Perhaps in many cases there is nothing different between an immigrant and local citizens except the fact that the latter may have been born and brought upon here, but the immigrants have come from some other country long time back, and have stayed on in the United States for employment and earning a livelihood for themselves and their families Conclusion: The fact that the Obama administration has stepped up its drive to tackle the issue of illegal immigration in this country is itself a good sign, and with the hard work that is being done by the law enforcent machinery, results have begun to show in terms of lowered rate of illegal immigration now. It is believed that this good work would continue and this Democratic Party administration would be able to achieve desired goals and objectives in the future. Works Cited Illegal Immigration is a Crime. American Patrol Reference Archive. 2006. Web. 24 Nov. 2010. . Illegal Immigration. US Immigration Support. 2010. Web. 24 Nov. 2010. . Longley, Robert. Do Illegal Aliens have Constitutional Rights? About.Com. 2010. Web. 24 Nov. 2010. . Read More