The Legal Plight of Illegal Aliens in the U.S.A - Essay Example

12 July 2009 The Legal Plight of Illegal Aliens in U.S.A Introduction An illegal alien is an undocumented immigrant who is a foreigner who sneaked into American soil without a valid legal documents or authorization either permanently or temporarily (LeMay 2004). Those who have entered America with valid visa but overstayed unlawfully or infringed the conditions of their original admission to U.S.A are also regarded as illegal aliens (Chiswick 1988). An illegal alien is not a citizen of U.S who does not owe allegiance to our nation and who has infringed U.S customs regulations and laws in founding a residence in U.S.A. Hence, such an illegal alien is considered to be a criminal under current U.S laws. The term illegal alien refer to a “non-U.S citizen who has penetrated into U.S soil illegally without adhering with legally needed U.S immigration procedures or without proper documents. There is striking difference between “undocumented immigrant” and “illegal alien.” Former denotes those individuals who are considered to be “innocent “of infringing U.S immigration laws and the latter refers those individuals who have intentionally tried to infringe U.S immigration laws. Majority of U.S citizens do not normally employ the term “undocumented immigrant “and rather favor to refer more precise and accurate term namely “illegal alien”. (Adversity.Net 2004). Analysis Alien is an individual who is not an U.S citizen. An illegal alien is one who illegally lives or resides in U.S territory or a person who commits a deportable offense. It is to be noted that all illegal aliens are illegal since they lack proper legal documents (Nagi xix). The illegal alien has no moral right to be present and he can be under some scenarios adjust her or his status and become legal resident and hence may be eligible for citizenship. Illegal aliens are those who comprise a caste that resides and earns outside the citizenship, cause an even greater confront and predicament for a liberal democratic society (Nagi 6). Current Population Survey of March 2002 reveals that an approximate of 9.2 million undocumented immigrants lives in the U.S.A. The total number of undocumented immigrants was projected at 1.5 million children, 3.1 million women and 4.4 million men. (Urban Institute 2004). Congress, in 1996, enacted the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) which tightened border enforcement and made it more arduous for illegal aliens to decriminalize their presence. Further, imposition of restriction on undocumented immigrant’s children to claim U.S citizenship was also considered. Critics are of the view that tolerating illegal aliens promotes a general disrespect for the law, lowers the wage scale for others and undermines the 1965 law that offers all nationalities an equal opportunity for immigrant visas. Supporters argue that illegal aliens takes the jobs that the citizen do not opt , are paid lower wages and ready to work in poor conditions with no social welfare benefits. After passing of Homeland Security Act of 2002 in March 1, 2003, the Department of Homeland Security (DHS) is responsible for the oversight of all features of immigration, citizenship and non-immigration services (Loucky, Armstrong & Estrada 332). If an employer found to engage illegal alien as employee, then penalties for such infringement and employer sanctions can be very abrasive as he may be fined from $ 250 to $ 200 per alien in case if the offense is first time and may increase to $10,000 per alien for the third time or further offenses. Further, if employer fails to fill out the form I-9‘s correctly may entitle a fine ranging from $100 to $1000 for each form. However, it is to be noted that employer can be booked only if it is proved beyond doubt that he knowingly employed an illegal alien. However, in such cases, employers are provided with an opportunity to correct the errors in the forms before actual fine is levied on him. Thus, the main aim of the employer sanctions is to safeguard the interest of American employees (Loucky, Armstrong & Estrada 92). Effects of Unauthorized Immigration Unauthorized or undocumented or illegal immigrants can be described as foreign nationals residing in America who are neither a legal temporary visitor nor a refugee and those who have not obtained U.S citizenship status or legal permanent residence. Thus a foreign national by entering into America may become an unauthorized immigrant either by using fraudulent documents or without inspections or by infringing the conditions of border crossing cards. A foreign national who has entered America with a valid legal visa document either as a student, a businessman or as a tourist and later infringing the conditions of entry by failing to depart from the country even after the expiry of visa period. An individual might have entered as a legal resident alien but consequently infringing the conditions of entry by committing a crime in the soil of U.S.A (Loucky, Armstrong & Estrada 82). Under the Alien Registration Act of 1940, as a national defense initiative, all non-citizens residing within the United States whether they being legal or illegal residents have to register with the U.S government. Further, under the Immigration Act of 1891, any alien who becomes a public charge within twelve months after his landing in the U.S.A has to be deported for causes existing prior to his landing therein (Hutchinson 449). The Immigration and Nationality Act, which is the fundamental U.S Immigration Statute contains both deportation and exclusion provisions under public charge doctrine (Loucky, Armstrong & Estrada 266). It is to be noted that as early as 1798, Congress passed the Alien and Sedition Acts. On political grounds, the Aliens and Seditions Laws (1798 -1801) provided for the expulsion and exclusion of aliens. . The Immigration Reform and Control Act (IRCA) was enacted in 1986 which attempted to minimize illegal aliens while acknowledging and conferring rights to undocumented people who already had domicile in U.S.A. It also offered amnesty for those who had stayed at least four year in U.S.A and also recognized as citizens of some temporarily resident farm workers. Under ICRA, about 3 million people had become legal immigrants in U.S.A. A referendum was conducted in California recommending the denial of educational and social facilities for illegal aliens was later trounced by court decision. Further, 1996 Act also prevented the illegal aliens to enjoy the federal welfare benefits. Immediately after 9/11 attack, there were strict enforcement against illegal aliens as border checkpoints were strengthened which resulted in decrease in illegal alien’s inflow into U.S.A. U.S law still permits the globe’s highest level of legal immigration, approximately one million per annum majority of them from non-white and non-Western regions. Further, unwillingness or inability to enforce the existing law against illegal aliens resulted in the prolonged influx of further illegal aliens into U.S.A and considerably majority of them being Latinos. (Mauk and Oakland 67). As of today, Central Americans and Mexicans vouch for the vast preponderance of undocumented immigrants in U.S.A and they experience high scale of poverty and not enjoying the voting rights and symbolize the conventional illegal aliens in U.S.A. Aliens do not have franchise rights but under the Fourteenth Amendment, they have to enjoy same rights as other citizens enjoy. Though the Fourteenth Amendment extends the same privileges to illegal aliens but it deprives the analogues privileges extended to citizens or legal resident aliens. In Doe V Plyler, it was held that free public education cannot be denied to any children solely due to the reason that they are the children of undocumented Mexican aliens. This legal case can be regarded as a colossal victory for the undocumented Mexican –origin community in U.S.A. In a similar case namely, Martinez, the defendant succeeded. After Doe and Martinez, though some school districts prolonged to enroll undocumented children , the vast schools management in U.S.A excluded them or charged them tuition fees ( Valencia 235). Conclusion Restriction imposed on illegal immigration created the illegal alien as a new political and legal subject, whose comprehension within the country was concurrently developed as a legal impossibility and as a social reality – a class of subjects isolated from citizenship and deprived from franchise rights. Further, the emergence of illegal alien as a class of subject also created tension for law enforcement division of the country. Thus, the illegal alien issue has become an impossible subject which the government is finding it difficult to find a viable solution. (Nagi 5). Works Cited “Adversity.Net.” 2004. Definitions: Illegal Alien vs. Undocumented Immigrant. Adversity.Net for Victims of Reverse Discrimination. 12 July 2009 . Loucky James, Armstrong Jeanne and Estrada Lawrence J. Immigration in America Today. NewYork: Greenwood Publishing Group, 2006. Mauk David & Oakland John .American Civilization. New York: Routledge, 2005. Nagi, Mae M.Impossible Subjects: Illegal aliens and the making of Modern America. Princeton: Princeton University Press, 2004. Valencia Richard R. Chicano Students and the Courts. New York: New York University Press, 2008. Read More