Illegal Immigrants: Should They Have Rights?

Author: Unum | Category: Domestic | 02-18-07
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immigration_rally.jpgIt’s time to revisit the illegal immigration subject. In Texas, the state legislature is considering several new bills to counter the effects of illegal immigration in a state with porous borders and little help from the federal government. The most controversial bill to date is House Bill 28 which would deny state services to U.S. born children of illegal immigrants. The author of the bill realizes how it will challenge the 14th Amendment that provides birthright citizenship. But he is hoping that it will become a test for the U.S. Supreme Court to interpret illegal immigrants rights. My question is, since when did people who break the law and enter the country illegally deserve the same rights as those of us who are legal American citizens?

It’s not only the question of citizenship and all the rights and benefits that accrue, such as education from K-12, social services and health services, but it also entails “in-state” tuition fees. In other words, illegal aliens pay the same reduced tuition as an American citizen with established residency in the state. In 2001, California and Texas were the first states to enact legislation allowing in-state tuition for undocumented immigrants. New York and Utah followed suit in 2002. In 2003 and 2004, Washington, Oklahoma, Illinois and Kansas enacted similar legislation.

What is peculiar about these in-state tuition laws is that they are in direct violation of a federal law prohibiting it. Federal law (Title 8, Chapter 14, Sec. 1623) states:

“an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State … for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.”


These state laws opposing the federal law were instituted due to a concern for the cost of not educating the illegal immigrant population by not helping illegals attend college. With more than 1.4 million illegal immigrants in Texas, they argued that it results in much greater costs to the state and contributes to an uneducated workforce. This is the same argument used for offering education to illegal immigrants’ children from kindergarten through 12th grade. What is disconcerting to me is that we are always on the back end of this issue tying to fix an already aggravated condition of not enforcing laws. My question is, where are the consequences to law breakers? Are we going to continue to allow those who break the law to enjoy more and more rights and not impose any kind of penalty because it is financially expedient?

With the outcry of some American citizens regarding the unfairness and impact of these laws, states are beginning to reconsider whether these laws are in the best interest of the state and its citizens. In this area, Texas is looking at this whole issue anew. They are considering many new bills that address the problems imposed by illegal immigration. Some of the bills that will be introduced would tax money transfers to Mexico and Latin America, repeal a state law allowing in-state tuition, enable local law enforcement to enforce civil immigration laws, require lawful presence for state licenses and the bill that would deny citizenship to illegal immigrants children.

With state budget cuts and overwhelming numbers of the influx of illegal immigration, some legislators are concerned that allowing these rights to illegal immigrants will take away opportunities from U.S. citizens and “legal” immigrants. But what I am more concerned with as far as illegal immigration is concerned is, that we have laws — either we enforce them or we don’t. But if we say we are a nation governed by laws, then there should be consequences for breaking them. If we don’t reverse this trend of looking the other way and actually encouraging more illegal immigration, then we will continue to see problems with over population, the continued drain on social, health and education services and the real drain on our precious natural resources. I am all for legal immigration but the illegal component must be stopped.

Other resources for information on immigration:

VIDEO — Are Immigrants Ruining Our Future?

America: Pro-Immigration? Then Pro-Oil Dependence!

  • Natalie
    Illegal immigration IS A CRIME and immigrants should be punished its the law, and yes there are lots of people in Mexico or were ever who are trying to come here legally and can because we are to busy saying well ya'll are already here go ahead and stay and do no NOTHING for the people who are trying to do the RIGHT thing...! Why is that so hard for people to understand! If an illegal immigrant comes into or country



    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 willfully false or misleading representation or the willful concealment of a material fact;

    has committed a federal crime, and should be punished!
    If time you get 6 months of jail, after that offense of a second time will be 2 years in prison....! And there not doing that! If I was to try and cross the Mexico border line illegally i would be arrested and punished! Look we are all equal people and we all should be counted as equal people and i understand some people have there reasons for doing the things they do but that won't count as an excuse in court! I'm only 14 about to be 15 and no i don't know everything about this topic but i do know a lot and it really puts me on edge because you would feel completely different if you were the one sneaking across the boarder...! the least people can do is obey the law and maybe this place just might become that much of a better place to live!
  • IDs for illegal immigrants and others living in San Francisco will have increased security. The planned purpose for the city IDs is to ensure access to city services, financial institutions, and increase crime reporting to local police. The cards will include ultraviolet images under black light and laser engraving technology. Everyone who applies for an ID card whenever they’re issued will need to show one form of government ID, either U.S. or foreign.

    --30--
  • I am sorry, but your lack of objective knowledge in this topic is apparent. The tax payers pay for illegal immigrants. It is a FACT! They utilize our infrastructure, school systems, medical systems, energy demands, they add to our oil dependency. Illegal immigration serves as a significant drain on our economy. Sorry, but the facts, the logic and the objectivity of this topic supports my point of view.

    But, to answer your statement above. Yes, immigrants should have rights. Illegal immigrants should not have the same rights as citizens, as they are ILLEGALLY here. Now they should have the same human rights, but not American rights. Yes, my great grandmother was an immigrant, but not an illegal one. Sorry.
  • Gladys
    wow! i cant belive some people think they pay for ilegal immigants? what is thier problem no one pays for no one. well i think that immigrants should have the exact same rights! YOU whoever is reading this your great great great great grandparents or some like that wasnt born here in the US. I want the same enducation as everyone else in this country.
  • Hey Kilgore, I know what you mean, but I don't think what you are desiring is realistic. Until we see ourselves as humans instead of Americans, Mexicans, blacks, whites, we will never be able to see your grand vision. We are too caught up in the bullshit to see past our insignificant differences and realize our collective truths.

    Unfortunately, this improbable grand vision of yours may blur your ability to see what is most effective in the situation that we have been dealt now, and that is separate nations with separate citizens. Plus, I strongly feel that we could do MUCH MORE GOOD if we used other avenues to help out people in need rather than just allowing them to illegally immigrant into our country.

    If you think about it, it is extremely cost ineffective to use immigration as a tool for assisting the ones in need. It would be exponentially more effective to help them in their own country, assisting them in building actual infrastructure so they can help themselves in the future. Since we can only take in so many people before we bankrupt our country, using immigration is a poor choice, and a very limited one as well.
  • I'm all for a one world government because I care about the health of people not granfalloons.
    (I know its a made up word, but I know of no other that captures its meaning)
  • I think the illegal immigrants should get the same rights as any other foreign citizen that has lost their right to reside on US soil. That is, they are to be treated with respect as they are escorted back to where they have legal residency. It is very simple.

    In other words, if you own a house, and someone enters your home, they have limited rights while on your property. But, they will never have the same amount of rights as the property owner, right? And, if you commit some act that is deemed wrong or bad by the owner, you get escorted off the property by the officials. So why would it be any different with our nation?

    The key is to stop being so damn emotional about this subject and think logically. We have to put the health of the nation before the health of any foreign citizen, or why call Mexico, Mexico and America, America?
  • Ecua-Kid
    i clearly understand upon the fact of how illegal immigrants are lowering this country's basis but what i want to know is that if they should be allowed to have standard of living in this country with rights>?

    maby im not being clear but do yall think that illegal immigrants who snuck in be given Zero rights?
  • Hey Rachel, thanks for the comments. The only thing I would like to debunk about your argument is how you say that they do the jobs that Americans won't do. This is a very short sided perspective to a larger problem of immigration. Here is a link to an article that I explained how these myths are bad judgements: Click here.
  • I don't know the exact numbers but I know the vast majority are Latinos. This makes sense from a purely geographical perspective. It's much tougher for a person from Portugal to sneak across than some one living in Tijuana.

    As for homeless the majority are Mentally Handicapped, and yes a disturbing number are veterans. The idea of a single vet being left out in the cold should be a shame so great that no one in power would ever allow it to happen under their watch. But sadly this is not the case. Those we have in power know no shame.

    Not everyone can be rich other wise rich would have no meaning. In order for there to be rich there must be poor. When one person become materially rich then thousands of others are sentenced to a life of abject poverty. Will Smith might have made an inspiring movie but that does not change the reality of the situation.
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