C) Quinn Applied to Illegal Immigrants Applying the above criteria to illegal immigrants, it can be argued that they should be able to enforce their illegal contracts in cases of exploitation. As mentioned previously, failing to provide employment rights to immigrants is seen as deterring them from entering into illegal employment. However, Batog has stated that illegal immigrants are attracted to the availability of work rather than the availability of employment rights. If employment law protected illegal immigrants, this would act as a deterrent to employers from hiring illegal immigrants, as there would be a greater risk of immigrants seeking compensation for exploitation, making them more expensive to hire. Therefore, one criterion …show more content…
However, employers are actually unjustly enriched when the contracts of immigrants are not enforced, as they do not have to pay them the minimum wage or compensation for exploitation. Therefore, unenforceability is once again counter-productive. As well as this, illegal immigrants are subject to detention or deportation when they are caught working illegally. In Quinn it was held that where there are ‘significant’ adverse consequences for breaching legislation, this is ‘likely to lead to the inference that those consequences are sufficient to deal with the relevant illegality’. Unenforceability in the immigration context therefore satisfies the other two criteria set down in Quinn. The consequences of breaching the Act are sufficient to achieve its purposes as deportation and detention adequately punish the immigrant. Also, it can be argued that it would be disproportionate to impose the extra punishment of unenforceability, as the immigrant is already quite severely punished. Therefore it can be argued that the illegality doctrine actually undermines the protective objectives of employment legislation while at the same time fails to punish employers for, or deter employers from, hiring illegal …show more content…
Recently, the same opportunity has been provided for in the UK in Hounga v Allen . Here, it was stated that public policy arguments in favour of unenforceability could be trumped by the public policy arguments in favour of protecting fundamental human rights. The Hounga decision can provide guidance to Irish courts dealing with these cases in the future and indicates that illegal immigrants should be able to enforce their contracts of employment. It can be argued that if the judicial reasoning in Hounga were followed in Ireland, the Hussein decision would be considered incorrect, as a pubic policy argument in favour of protecting immigrants from exploitation could trump the integrity of the court
...of the circumstances. In order to keep systems going, some of the states will even assist the illegal refugees to get another way around the law, so unlawful setters are able to work “legally”. Subsequently, American’s illegal aliens are the primary minimal pay work force within American. Brain dose a remarkable chore to confirm the obligation of illegal refugee through the reduced labor force it provides and its position on society.
...pay a consequence. There are laws already on the books about hiring illegal workers and the government needs to consistently enforce them (Barbour 72).
Competing for jobs against native Americans, immigrants are not only using valuable government resources from welfare and other programs, but they are also increasing the rate of unemployment. True, the jobs immigrants are tak...
As people immigrated to the United States, legally and illegally, particularly Hispanic workers, they began to look for jobs to provide for their families. They took jobs that Americans did not want: they accepted the low-paying, physically-demanding, and temporal agriculture jobs. Since many did not speak English and were uneducated, some even illiterate, they were easy targets for farm owners to exploit. Immigrant workers were often not paid, had low wages, and because of such conditions, some even died. In addition, they also lived and worked in appalling conditions, some workplaces did not even have suitab...
The critics argue that significant numbers of illegal immigrants harm the economy by displacing low-skilled natives, and depressing the wages but in reality, who works in farming occupations? Who works in cleaning occupations? Who works in food preparation occupations? Last but not least, who works on constructions and countless other heavy and dangerous jobs? The immigrants do. If one is truthful and honest, he/she will agree with one on that. The majority of the native Americans do not like to work on these jobs. As for some of the companies, it will be tough for them to sustain without illegal immigrants. According to Peter Katel in his article “Illegal Immigration,” it states that, “Indeed, some sectors of the economy might have a hard time functioning without illegal workers,” which supports Pilardi’s stance.
Illegal immigrants in the United States usually come from less developed countries or at least poorly developed regions of these countries. These illegal immigrants carry a totally different knowledge of culture, legal system and human rights when they came into this country. The most these people are victimized is when they are working, sometimes, these people can't even realized when they have become victims. Because of their status, illegal immigrants, it is very rare that they can find good positions in considerably big companies to start with. Usually, small businesses will take the risk to hire illegal immigrants, sometimes it may be because of these small businesses are trying to help those illegal immigrants who share same nationality with them, but, for most of the time, these undocumented migrant workers are much cheaper and easier to manipulate.
Out of the 11 million illegal immigrants currently residing in the United States, 8 million of them are currently working. Employers in America who want inexpensive workers, hire illegal immigrants and pay them under the table. Since the system does not have an efficient way of identifying and penalizing these employers, this has been an ongoing dilemma. As a result, the American economy suffers because illegal immigrants are not paying taxes like the rest of the legal citizens. Americans who are citizens consequently have difficulties finding jobs because employers would rather pay under the table so they can make higher profits. In my perspective, the employers are at fault here if they knowingly hire workers who are not eligible to work here. However, if the employer did not know about an immigrant’s illegal status than the immigrant is at fault for cheating the system. These are just some of the current issues related to illegal immigration t...
While tangible reasons exists for the need to cut on undocumented immigration, the benefits that illegal immigrants bring to the U.S economy still surpass the arguments against providing undocumented immigrants with legal status. The undocumented immigrants are found in all sectors of the U.S economy and their input needs to be recognized by providing them with legal status to work and improve the economy. They in fact, add circulation to the economy and many benefits that most of american-borns don’t see.
The lack of enforcement of immigration policies will cause the greatest impact on America’s economy. One of the most controversial topics is how immigrants affect jobs and wages. Many argue that immigrants help the economy by working for the people that will not, but in reality they are taking Americans jobs and legal immigrants that have earned their rights. The main issue is wages: illegal immigrants are desperate for jobs and will do anything. Businessmen will take advantage of this and pay them significantly lower wages. Cheap labor negatively affects other workers. Studies show that immigrants push down wages and may cause other workers to leave a certain industry.
Recently, the U.S. government has been cracking down on illegal aliens and employers are in danger of raids and lawsuits for hiring illegal immigrants. Many employers either do not require any documentation or accept copies of documents (Rousmaniere 24-25), regarding legalization. Immigrants are desired employees and companies continue to hire them even with the risks. By working for lower wages, they keep the costs of goods and services down; the illegal alien work force helps improve the U.S. economy (Nadadur 1037-1052). However, illegal immigrants can have a negative effect when they encroach on American job opportunities (Carter 8). Some economists argue that illegal aliens actually help the host-country’s economy by adding to the labor force. However, other economists state that too many illegal...
Those who support immigrants being protected by the law believe that immigrants help the economy by creating lower wages which enables companies to make better profits. According to Becky Akers and Donald J. Boudreaux, immigrants “should be allowed to contribute to the United States economy in the Constitutional and legal precepts that guarantee all immigrants the opportunity to pursue life, liberty, and happiness in the United States” (22). If immigrants were not here in the United States, the jobs they do might not even get done by anyone else (Isidore 103). Immigrants fill up the jobs that many Americans do not want. “Specialization deepens. Workers’ productivity soars, forcing employers to compete for their time by offering higher pay” (Akers and Boudreaux 25). As researcher Ethan Lewis said, “Economics professor, Patricia Cortes, studied the way immigrants impact prices in 25 large United States metropolitan areas. She discovered that a 10-percent increase in immigration lowered the price...
In the past, I used to be a walking paradox- how can an immigrant not be an advocate for the pardon of illegal immigration? At the age of seven, after an arduous process of obtaining our green cards in order to legally live in the United States, my family and I migrated from the city of Barcelona, Spain to the Land of Opportunity. Remembering the experience of this lengthy process, I couldn’t help but feel aggravated towards the idea of other people immigrating to the United States illegally, and by what I thought then, simply jumping over a wall. Thus, I perceived illegal immigrants as people who liked to take shortcuts; idle people who refused to work hard, yet expected to receive the same amount of opportunities as others.
As an expert in the topic, Vanda Felbab-Brow, stated, “the impact of immigrant labor on the wages of native-born workers is low… However, undocumented workers often work the unpleasant, back-breaking jobs that native-born workers are not willing to do”.
The Homeland Security Department has lost track of more than one million illegal immigrants, which have been known to have entered the United States but cannot be proven to have left. Annually an estimated cost for taxpayers to supply healthcare for uninsured illegal immigrants is $94.3 billion. Due to illegal immigrants California’s overstretched health care system is on the verge of collapse. Dozens of California hospitals and emergency rooms have shut down over the past decade because they could not afford to stay open after being endlessly flooded by illegal immigrants who were not able to pay for the care they were receiving. It is estimated that illegal immigrants make up roughly 30% of the population in federal state and local prisons,
Rackley, E (2010). In Conversation with Lord Justice Etherton: Revisiting the Case for a More Diverse Judiciary. Public Law