Immigrants’ Rights

Immigrants’ Rights
Briefly, what is this case about?
Many people around the world, especially from the developing countries, seek many opportunities in different places due to poverty. It is true that the Constitution does not give the foreigners a right to enter the U.S., but once the foreigners get into the United States, they acquire rights against different kinds of discrimination. Immigration particularly in the United States faces many problems related to illegal immigrants and the continuous population growth in the country. A good example of this issue is the constant migration of citizens of Mexico to seek for a better life in the United States. In the business world, some companies tend to hire illegal immigrants because they offer low-cost labor. Having said that, the need to control immigration to achieve maximum utility brought about different ethical problems.
What concept(s) from the Gibson textbook will your paper address?
All human beings have different rights that they are entitled to and which cannot be taken away from them. Also, all immigrants and undocumented immigrants have legal rights under the U.S. Constitution and federal statutes that give them the same rights of protection of the law. While civil rights are citizens’ rights to receive equal treatment, like the right to vote and social freedom.
Case Analysis.
The case of Arizona v United States looked at the different laws that immigrants are entitled to. This Supreme Court decision sought to determine whether the law can usurp federal authority when it comes to regulation of immigration.

The state of Arizona had passed a law that made it a misdemeanor for any an illegal immigrant to be in the state without proper documentation. This was a requirement by the federal law. The federal legislation sought to crack down on anybody who harbored, hired or transported illegal immigrants. The law also provided for warrantless arrests of any illegal aliens that could be removed from the United States. There was public outcry concerning the rights of illegal immigrants and how the new law would infringe their rights. Civil rights activists raised issues regarding the bill and accused it of encouraging racial profile.
Do Immigrants have the same rights that citizens do?
The issue of immigration is one that causes a lot of uproars any time it is talked about because many other issues revolve around it. For instance, the number of immigrants in America has increased and is now at an all-time high of 41 million. Laws such as those implemented in Arizona led to the deportation of about 83% of immigrants without being granted a fair trial. Further, the government uses an annual amount of $1.4 billion dollars to detain and deport illegal aliens. The issue is so thorny that it was the center of the recently conducted U.S elections. The American Constitution guarantees aliens several rights that citizens also have CITATION MAL10 p n.p l 1033 (MALDEF n.p). They do not have all the rights but some such as the right to life and the right to protection. Even when arrested, they should be granted a fair trial before they are deported to their countryCITATION Con15 p n.p l 1033 (Contreras n.p).
Section 1 of the 14th Amendment gives aliens various rights that are considered significant in both America and the world over. The effect of the section is that no state is allowed to make laws that curtail the immunities of the citizens or take away the right of any person to be granted a fair trial without following the due process that has been established. As long as any individual is on U.S soil, then they shall be accorded equal protection of the law. There has been much debate regarding people such as illegal workers. Although one group argue they are entitled to equal rights and protection under the law, another faction is opposed to this on the basis that they are law-breakers who have entered a country illegally and that they owe no loyalty to America.
What will this paper do and what will it conclude?
The purpose of this essay is to discuss what different rights are there for legal and illegal immigrants have and if immigrants have fewer rights because they are not citizens. The paper discusses the rights that citizens have which are not possessed by immigrants. Secondly, what responsibilities do employers have when it comes to social and legal responsibilities.
Background
What are the facts of this case?
Immigrants are people who come to live in a foreign country and take up permanent residence in the same country. One reason is economical. People move to different places to look for jobs and better opportunities. Some people move because the want to be with family or improve their quality of life. Others try to escape for political reasons that arose from different issues that force them to migrate to a safer place. The U.S. Constitution states that once a foreigner arrives in U.S., they are automatically given specific rights regardless of their immigration status.
Who are the stakeholders of this case and what are their concerns?
The most important stakeholders, in this instance, are the citizens of United States because they share some of their rights to immigrants like the right to, public healthcare, free education, and jobs. Businesses, on the other hand, are affected by immigration because they tend to hire low-cost foreign workers that have the same skills on the job that will cost them less than hiring locals.
What moral values frame the issues of this case?
Moral values are important for discussing this case. There are different debates about immigration and what ethical considerations there are for immigrants. People sometimes tend to view a standpoint where they only think of what is right for themselves regardless of the rights of immigrants. Another standpoint is that immigration problems should be considered a moral issue that people should give importance to the rights of others.
What is the history of this problem?
Decades ago, immigrants came to U.S. to seek for a better economic opportunity and in search for religious freedom. People like Pilgrims and Puritans moved to the United States from Europe to find religious liberty CITATION His09 l 1033 (History.com Staff). Later on, the majority of the newcomers are from Asia who seeks for a better living in a foreign country.
What other factors, forces or considerations are relevant to our understanding of this problem?
Up until now, the issue of immigration still opens different arguments that the government has been trying to solve. For the past year, former President Obama has sought to fix issues about immigration by deporting and heightening boarder’s security enforcements. Additionally, the president has given people, legal or illegal immigrants, the rights to have public health care and the right to free education that raises different issues whether it is a right of an illegal immigrant to have those entitlements.
The Application of Ethics
How do/does the concept(s) of Responsibility, Rights, Autonomy, Beneficence, Capitalism, Feminism, or Environment provide an analytical framework for evaluating and addressing the issues of this case?
According to a great philosopher, John Locke, there are moral principles that God gave to humanity and that each can discover those by the use of God-given reasons. He also believed that everybody has natural rights such as the right to life, which is a negative right that a person has a right to non-interference. Another one is right to freedom and right to property, for example, your right to control your body and labor. In Locke’s state of nature, people give up some of their natural rights to have a better protection of their rights. This is called the Social Contract Theory. As immigrants want to stay in U.S., they are required to follow and obey all the laws of the United States. Legal immigrants have rights that illegal immigrants do not have because they did not go through the legal process. One example of it is the right to work legally in the United States. Legal immigrant have the same rights to work in a qualified legal working position without discrimination like any other citizens here in U.S. Unlike illegal immigrants, they do not have the right to legally work in the United States, although some businesses tend to hire illegal immigrants for a low-cost labor.
Businesses have responsibilities such as, following the law, maximizing profit for shareholders and considering stakeholders needs. However, do businesses have a moral responsibility to care about the illegal immigrants? According to Adam Smith’s invisible hand argument, enterprises pursue their self-interest, so hiring low-cost labor will maximize their profit and at the same time help people in need.
What additional guidance (if any) do cases provide for your understanding of this problem?
Cases such as Plyler v Doe established that aliens were also entitled to rights on the basis that they are humans and so should be granted the most basic of human rights that include a right to life, protection, and fair hearing. However, there are rights and procedures that immigrants may not be granted on the basis of non-citizenship. For instance, when an alien violates the terms of his or her immigration, the case is treated as one regarding as one having an administrative procedure rather than a criminal proceeding. Therefore, if found guilty, the punishment is deportation and not jail.
What guidance, suggestions, policies, and course of action would you propose as a way to resolve this issue?
I suggest that people should make considerations of other people’s position in life. Illegal immigrants should have a chance to be a legal immigrant especially when they are not doing anything that is harmful to the society. Businesses should also consider on helping illegal employees to work in the United States given several conditions. Employers who hire illegal immigrants are going to be fined harshly if it is discovered that they employed them despite knowing that they were not in possession of necessary documents. It is, therefore, the mandate of the employer to verify that employees have proper documents CITATION Tra15 p n.p l 1033 (Tran n.p).
Conclusion
What are your conclusions regarding this case based on your analysis?
Finally, I believe there are different ways to deal with the issues of immigration. People have rights that cannot be violated and should be respected. Legal and illegal immigrants have various reasons why they decided to move to a foreign country.
Works Cited
BIBLIOGRAPHY Contreras, Raoul Lowery. Yes, illegal aliens have constitutional rights. 9 September 2015. Website. 17 November 2016.
History.com Staff. “U.S. Immigration Before 1965.” History.com (2009): n.p. Website.
MALDEF. MALDEF: Undocumented immigrants DO have legal rights – VIDEO. 16 July 2010. Website. 17 November 2016.
Tran, Jessica. Penalties for Employers Hiring Illegal Immigrants. 24 March 2015. Website. 17 November 2016.