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Josh Kerber CB

Not-So-Invisible:

The Rights of Undocumented Immigrants Living in the United States

(links are underlined)

 

The theme of migrants being “invisible in life, invisible in death” is prevalent throughout the film Who is Dayani Cristal? Other films, such as El Norte, address issues migrants face after successfully crossing the border into the United States. After considering these themes and issues, I was interested in how “invisible” undocumented immigrants must be to evade deportation. Contrary to what is portrayed in the media and Hollywood, immigrants do have rights, even with an undocumented status. These rights offer them some protections under The Constitution that all citizens have.

 

Medical Treatment – The Case of Rosa in El Norte

In El Norte, Rosa falls ill from rat bites she received during her journey across the border but resists going to the hospital because she is afraid of getting deported. What happens when cases such as Rosa’s happen in real life? Fortunately (and justly), undocumented immigrants can receive medical treatment. US News’ article Where Can Undocumented Immigrants Go for Health Care? states that “under federal law, hospitals that receive federal funding – and most do – are required to care for patients who need emergency care, regardless of their immigration status or whether they are insured.” As we saw in the movie, hospitals must provide care for undocumented patients, but will release them after their condition is considered stable. Although there is no law that states Immigrations and Customs Enforcement (ICE) cannot raid a medical facility, an article published by PBS points out that “medical centers have traditionally been considered ‘sensitive locations,’ like schools and places of worship, where federal agents usually would not enter.” Fear and apprehension are natural, but care will be provided.

 

Work and Discrimination 

It's worth prefacing this with the fact that it is against the law for employers to hire any person with an undocumented status. As we’ve all seen, employers ask for proof of citizenship or documentation (green card, visa with work privileges, etc.) before or soon after hiring candidates. Nonetheless, if you are an undocumented immigrant working in the United States, you have a right to be paid at least minimum wage. The article Legal Rights of Undocumented Immigrants published by Lawyers.com addresses these and other rights immigrants have in the workplace. Not only do they have a right to be paid, but they have a right to be treated fairly. The article reads “like other workers, you also have the right to healthy and safe conditions on the job, free from abuse, exploitation, or sexual harassment.” Unfortunately, as the article goes on to point out, employers often ignore these rights knowing that the these workers will not want to raise concerns with an undocumented status. In the photo pictured above, posted by the North American Congress on Latin America (NACLA), a Latinx worker in Emeryville, California, is protesting his termination from the Woodfin Suites hotel. He was fired because of his undocumented status.

 

Dealing with Police

While researching the Constitutional rights of undocumented immigrants, I found an enormous amount of resources to help such people deal with police. A video published by the American Civil Liberties Union (ACLU) breaks down how to go about a police encounter with undocumented status. 

The two main points of the video:

  1. You have the right to remain silent. You do not have to provide information on your birthplace or country of origin. You have the right to ask to speak with a lawyer before answering questions.
  2. If the police do not have evidence that you have committed a crime, it is your right to refuse search or seizure.

As you may have noticed, both of the guidelines above apply to citizens of the country as well. As the video acknowledges, contrary to what is often seen in the media, undocumented immigrants have rights under the constitution that allow them to avoid an “invisible” lifestyle. I hope changes to immigrations laws in the future will further allow immigrants to earn a fair living and sprout a new and successful life in this country.

 

Sources

Articles:

Images & Videos:

  • https://i.ytimg.com/vi/qLpjNGm3PNw/maxresdefault.jpg
  • https://www.youtube.com/watch?v=lX_XOnesuvI
  • http://images.static-bluray.com/reviews/879_3.jpg
  • https://nacla.org/sites/default/files/styles/650px_wide/public/Bacon%20photo%203.jpg