Concise Analysis of model immigration law Capstone Project

Pages: 11 (3333 words)  ·  Bibliography Sources: 0  ·  File: .docx  ·  Level: College Senior  ·  Topic: Immigration  ·  Written: January 31, 2017

• Completing and retaining employment forms as well as Employment Eligibility Verification forms for every employee.

Employers are prohibited from doing the following:

• Discriminating against persons on the basis of citizenship, immigration status or national origin.

• Requesting more/different documentation that is needed to verify eligibility for employment, rejecting reasonably real-looking documents, or preferring a given document over another.

• Retaliating against or intimidating individuals when they file charges against them with the justice department for unfair treatment, cooperate with the justice department on an investigation that relates to them, contest unfair documentation practices or assert that their rights be respected as per the provisions of the immigration laws and policies of the country.

• Hiring, recruiting at a fee, or referring at a fee illegal aliens they are aware entered the country illegally to work for an entity in the country.

On violating these provisions, employers may be liable for:

• Civil fines

• Debarment from federal or state contracts

• Criminal penalties

• Court order seeking that they pay the person who has faced discrimination

• Court order seeking that they hire the person who has faced discrimination

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There shall be criminal and civil penalties for employing undocumented immigrants. The civil penalties shall range from $375 to $1,600 for every undocumented immigrant worker with repeat offences being reprimanded more sternly. Employers found to have a "pattern" of employing undocumented immigrant workers shall be liable of a fine of up to $3,000 for every employee or face an imprisonment for a maximum of 6 months.

Rights of illegal immigrants within this jurisdiction

Capstone Project on A Concise Analysis of model immigration law Assignment

For an individual who has entered the country without express permission or without the needed documentation, certain rights granted by the country's constitution shall still apply to them. No government body or authority shall deprive them of these rights while they are under the jurisdiction of this law. The individual shall enjoy equal protection under the law as any other person as regards these constitutional rights.

Undocumented immigrants shall be considered as "persons." They shall have a range of rights including economic, social and criminal rights.

Criminal rights

An undocumented immigrant who is a criminal defendant has criminal rights. The federal and state governments shall ensure they enjoy such rights at every stage of the criminal justice process.

i. Search and Seizure

Search and seizure refers to a police officer examining an individual's home, business or vehicle to find evidence of crime. When a piece of evidence is found, the officer can "seize" it. Search and seizure encompasses an individual being placed under arrest too.

The law shall protect the undocumented immigrant and grant them the right to privacy by not allowing officers to unreasonably intrude into their property. This right shall be strictly applied except for in circumstances where the undocumented immigrant poses a threat to life on another individual.

ii. Miranda Rights

A suspect undocumented immigrant shall be advised of their Miranda rights by a police officer before an arrest is made and before they are questioned.

iii. Trial Rights

When on a criminal trial, an undocumented immigrant defendant enjoys several rights. These rights are very important and are meant to protect the defendant from malice, maltreatment, and not being subject to due process. The most important of these rights is that he/she, just as any other defendant in the country, is presumed innocent until proven guilty. The defendant also has a right to face the accuser, a right to refuse self-incrimination and a right to avoid double prosecution for one offense.

Nonetheless, undocumented immigrants do not enjoy the right of a fair trial and public hearing.

iv. Right to a Criminal Defense Attorney

Another right that is enjoyed by undocumented immigrant defendants is the right to a criminal defense attorney. This right serves to preserve the right of the defendant and give him or her best defense he or she can get.

Social Rights

i. Right to Shelter

Housing associations are not obligated to verify the immigration status or identity of a prospective occupant. Many do, however. For one to be eligible to be housed in council Housing, they must be in the country legally. A person will face eviction from council housing if they were granted occupation when they had legal status but later lost it.

ii. Right to Health Care

While undocumented immigrants do not enjoy full Medicaid coverage, state and federal rules allow them access to treatment in cases of emergency. A medical facility should not turn away an undocumented immigrant when they need emergency medical services. Hospitals under the jurisdiction of these guidelines are required to attend to every person brought into an emergency room irrespective of their immigration or economic status. The law provides that hospitals cannot refuse treatment or turn away patients in need of emergency attention, including women who are in labor, because of their immigration, economic or any other reasons.

iii. Right to freedom of association

An undocumented immigrant has a right to form or join a trade association of their own choosing. The trade unions they form also have the right to operate without any intimidation from any government authority if they are operating within the law. They shall be free to organize and take part in picketing as long as such picketing activities take place within the provisions of the law. As per the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the nation shall uphold the rights of undocumented and irregular immigrants to freely join a trade union, and to participate in the proceeding and meetings of such trade unions and also to ask for help from other concerned or related bodies.

Economic Rights

i. Right to work and favorable working conditions

In the spirit of ensuring human dignity, an undocumented immigrant shall enjoy the right to work. The right to work is important as it ensures that one attains various other rights and lives a life of dignity and service in his or her community. The right to work is essential to survival. Where an undocumented immigrant has been employed, the employer shall treat them equally with other employees as pertains to occupational health and safety, remuneration, opportunities for advancement, holidays with pay, employment termination, overtime, weekly rest and other factors that are pertinent to them working in the given environment. All other conditions outlined by various labor authorities shall also be applied uniformly for all staff without discriminating undocumented immigrant workers. Terms of employment as outlined by national law and practice shall also apply uniformly to them. Some of these conditions may include the minimum employment age and restrictions on home work. It shall be illegal to deviate from the principle of equality even in private engagements and contracts.

ii. Right against workplace abuse and discrimination

Protecting workers, including undocumented immigrant workers, against abuse and exploitation is a key part of labor right and regulations. This is particularly true where the workers wield so much less power as compared to their employers and so may be grossly vulnerable when there is no clear regulation and policy. International labor law and international human rights law have made an attempt to address such ills. This policy shall recommend that states pass laws requiring that undocumented immigrant workers are treated with dignity in their working places. State agencies and authorities will be charged with enforcing these regulations since they are more familiar with the situation on the ground.

Irregular migrant workers shan't be treated any differently from nationals as pertains to conditions of work. Both groups should enjoy work conditions that do not threaten their health or safety and that retain their dignity as humans. They shall also enjoy the same remuneration treatment as nationals. The terms of employment for both nationals and undocumented immigrant workers shall also be the same, even in private engagements and contracts. Where there is discrimination of undocumented immigrant workers, the workers, either solely or as a group, shall have access to remedies. The remedies shall cover all instances of discrimination and harassment including sexual, mental and physical abuse by an employer, as well as failure of the employer to remunerate workers as agreed upon in terms of employment. States shall put in place structures to monitor, inspect and evaluate workplaces. The monitoring roles and the enforcement roles shall be held by different agencies to ensure there isn't any corruption or laxity. At the workplace, migrant workers -- both undocumented and documented -- have the freedom of association and shall be free to join any organization or actively organize themselves.

Conclusion: drives behind the structuring of this policy

The story of the human race is told in their movement from one part of the world to another and so migration is a fundamental story of the human race. People move for various reasons, chief among them being to survive. In the past, civilizations moved in search for food and… [END OF PREVIEW] . . . READ MORE

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