Employment Law: Can Illegal Alien Workers have the Right to Enforce State Law Regarding Worker Safety or other Employment laws?
As of 2004, the nation’s undocumented immigrant population increased to 10.3 million since 2000 in the United States. California and Texas account for 61 percent of the undocumented population where Arizona and North Carolina are two of the fastest growing states that often hire undocumented workers (Lopez, 2005). Hiring illegal alien workers has had an inherent tension between state workers’ compensation law and federal immigration law. Among other things, employment law provides the opportunity for wage replacement of disability due to workplace injury and if possible, promotes return-to-work in the worker’s former job (Annarino & Hayden, 2006).
The definition of an illegal alien is a relevant factor that construe to the United States Constitution and is worthy noting. An individual that is not a citizen of the United States and who entered the grounds unlawfully as determined by the Immigration and Nationality Act is an illegal alien. Anyone who successfully passes the INS or inspection by immigration officers or attempts to enter the United States by a misrepresentation of themselves in order to conceal their legality is also considered an illegal alien. Even though undocumented aliens are unlawfully in the United States they have rights to bring suits in state district and county courts. This is established by case law and based on the 5th and 14th Amendment to the United States Constitution. Rights in the 14th Amendment are not only limited to citizens but gives any person of life, liberty, or property the opportunity for due proce ...