Friday, September 25, 2009

Immigrant Rights



“Sovereignty” seems to have become the most common argument in favour of placing restrictions on the entry of aliens at the borders. Nativists often use a variation of the above by staying “since it is my country then I am free to do whatever I want”. And unfortunately whenever the above sentiment is made explicit it often end the conversation; it goes unchallenged. Is it really that simple and that clear that a sovereign state has the right to infringe on the rights of others?
Let us subject the above “argument” to some cursory analysis, shall we? Let us assume that a New York citizen agrees to hire 10 Asians to help with the farm work. Does the state have the right to prevent entry to those with whom he has freely signed a contract? Isn’t such interference by the state as much of an infringement on the rights of one of its own citizens as much as it is an interference with the right of the imported labour? I always thought that the purpose of the state is to protect the rights of its citizens and not violate them.
Another issue to consider is that of natural rights. We all know that the US declaration of independence is essentially based on the natural rights ideas promulgated by Locke. All individuals possess the same natural rights, whether citizens or noncitizens. This implies that the state should enforce the laws equally but does not have the right to discriminate; aliens should be held to the same standards as all other citizens but not to either a higher or a lower standard. To do otherwise is nothing short of veiled discrimination.
When the US Supreme court and many of the state supreme courts, such as New Jersey and Texas, declare school funding programs that rely solely on property taxes unconstitutional they are in essence striking down discriminatory zoning laws designed to keep the riff raffs out of certain school districts. But aren’t these illegal measures just as offensive as the arbitrary laws of excluding aliens from residing in a country? When we commit any of the above are we not acting like the lords of the manor?
Many will agree with the gist of the above and others will object vehemently to what is being said. That is to be expected and a civil dialogue about the rights of immigrants will benefit all of us.

8 comments:

  1. I want to meet a cartographer; meet the person who has so much power. I hope they know how much power it is that they truly possess. With the way we've been drawing lines and building boxes for people to squeeze into, we have given all of the power to the men and women the power to draw those borders that make us human. It is this map maker who draws the line not between Mexico and the US but seemingly between human beings and animals. Isn't that what it seems like anyway? How can a government, how can a people deny rights and privileges to those who are human just like them? Where do we get off thinking we have the right to draw these lines? To build these electrical fences, and watch as children and women and men scramble and struggle under and around it in an effort to simply make a better life for themselves? Then we blame them for coming after basically asking for it. We build a fence and then we call for them to call over it. We over them something better on the other side and act like if we were in the same position we wouldn't do the same thing. There is a serious superiority complex that has caught on in the United States. A country made up of those that have been bullied, who have been persecuted, who have historically fled a land of oppression to enjoy the land of the free. Why can't we seem to connect with that with which we came from? Instead we can only slam the door of opportunity right on the next person's face and hold it shut, daring them to think themselves stronger than us. It's a sad thing.

    ReplyDelete
  2. The United States is commonly referred to as the land of opportunity. I don't agree with other countries to impose their laws on citizens of another country. I believe if people want to make a better life for themselves and their family they have the right to do so, and if that means migrating to the U.S., they should have the ability to. I find it very hypocritical of U.S. citizens to talk about how bad illegal immigration is, and how it is effecting our economy, but then go hire them to do work around their house for a cheap price. People who do this should have no say in immigration because they are the ones fueling it. The United States needs to become more open to allowing outsiders in, this is what our country was created on, Immigrants!

    ReplyDelete
  3. I agree. I think that it is an oxy moron to take pride in the oppurtunity and individuality of America while placing such harsh restrictions on people who want to migrate here. Our ancestors came to this country from all over the world looking for a better way of life for their families. This is the basis of America. People need to remember that none of us would be here without immigration!

    ReplyDelete
  4. I wanted to draw everyone's attention the front page of the new york times for Wednesday. There is an article, which is continued on page A22, which is entitled "Immigrant crackdown leads to 1,800 pink slips." The article details the laying off of 1800 illegal immigrants from the major garment company, American apparel. The article offers that many of these workers were Spanish speaking and originally from Mexico, but others were from Korea, Vietnam and Portugal. The factory particularly in question is located in LA. The article offers opposing views to the crackdown, quoting Republican rep, Mr. Bilbray as saying "Of course it' a good idea. They seem to think that somehow the law doesn't matter, that crossing the line from legal to illegal is not a big deal." On the opposite end, the article refers to the company's exec. chairman, Mr. Charney, who stated that "No matter how we choose to define or label them, illegal immigrants are hard-working, taxpaying workers." Many of the workers were investigated by the ICE and had troubling in fraudulent Social Security papers. This backs up the claims made during class that illegal immigrants do in fact pay taxes;they often enroll for a fake social security number in order to get a job in the first place, and therefore pay into a plan that they will never reap the benefits of. The article points out that American apparel prides itself on staying in competition with goods imported from China, while creating everything in the states; and also was credited by city officials for paying well above the garment industry standard and for offering health benefits to its workers. Many even called the lay-offs devastating because it took time and energy away from investigating companies that exploited their workers. Many of the workers laid off had been with American Apparel for 10 years or so and had worked their way up within the company. Where can these fine lines can be drawn? Does illegal mean illegal in every sense and in every circumstance? Or has it become more of a relative term, referring to a spectrum of circumstance? This article makes a lot of comparisons between the Bush crackdowns and Obama's seeming liberal view of immigration. Did these immigrants deserve what they had coming to them? The article offers that all interviewed said they weren't going to return to Mexico, that they would find work where they would be paid "under the table." In the end, then, what did this whole investigation have accomplished? Was it simply to slap American apparel on the hand and make an example out of them? Was the real idea to rid the country of these illegal workers and have them deported, ridding the labor force of them permanently? Well I haven't seen either done successfully, at least not by just looking through this article. It seems that the country is confused as to where we stand, especially the government. In or out. Illegal or legal. To be or not to be, that is the age old question after all I guess. *Just wanted to draw attention to the article, because I think it perfectly reflected what we've been going over in class.*

    ReplyDelete
  5. Liv,
    Note also the contradictions in the behaviour of the consumer. We want to buy a shirt , say for only $20, but yet at the sane time we claim that we are opposed to the discrimination of the workers in the rag trade.
    If we really care about the welfare of these workers at many of these sweat shops then we should be willing to pay a much higher price for shirts, blouses etc...

    ReplyDelete
  6. The ideas that have been preached by the United States are not those that are practiced. In fact, the actions that have been displayed towards immigrants are very contrary to the way that Americans preach the ideas that everyone is equal. For years, we our nation has been labeled as the land of oppurtunity and yet as immigrants arive to our lands, they are shunned and treated as anything but human. Although these people are from other lands, that does not in any way label them as non-human. They are just like us. I believe that immigrants should have the same rights as anyone else. When they come to America, immigrants come with high hopes and high expectations; why don't we allow them to see what it feels like to be a citizen of this "great" nation instead of making them feel like outsiders who don't belong.

    ReplyDelete
  7. I am very impressed by both of liv's comments. I actually did my paper on illegal workers and I learned that almost all of them fill out the paper work for a fake Social Security number, which forms an excess fund of money for the government. Also if you think about it, if the "illegals" rent a house, they pay rent and maybe even property taxes, they always pay sales taxes and other taxes which are included in utility bills and other such expenses. I think illegal has just become a term americans came to use in reference to hispanics (i'm sorry if i offended anyone it is not my purpose to). However there are many illegal immigrants from many european countries who came here either on working visas and stayed past their expiration times. so it really shocks me how when looking at a man from portugal, or a french working we don't automatically label them as illegal. I believe if this country was formed by the people, for the people the immigration restrictions should not be as tough as they are today. If a man wants to work to help better the living standards of his family back home who truly has the right to tell him he can't? We sit here calling them over to come give us cheap labor yet all everyone ever does is whine and complain... - Justyna Sokol

    ReplyDelete