An undocumented immigrant is an individual who is a foreign national and does not have valid immigration documents from the country in which they are residing. This could mean that the individual enters without permission, overstays a visa, or is in the country without permission. In most cases, an undocumented immigrant is denied legal status by the government of the country in which they seek to reside.
What Legal Protections Are Available to Undocumented Immigrants?
In general, undocumented immigrants are not eligible for a wide range of basic civil rights protections under the law, such as the right to vote or the right to work lawfully. However, the Supreme Court has recognized that the Fourteenth Amendment to the U.S. Constitution provides undocumented immigrants certain protections from discrimination. This means that employers and other entities cannot discriminate against or target individuals based on their status as an undocumented immigrant.
Consequences of Being Undocumented
In addition to possible discrimination or bias, being an undocumented immigrant can have other serious legal consequences. For example, an individual may be removed from the country if found to be living in the country without permission. They may also be subject to penalties, including fines and jail time.
Modern Examples of Undocumented Immigration
Recently, the Deferred Action for Childhood Arrivals (DACA) program provided temporary status for immigrants who were brought to the United States as children without legal permission. The Trump Administration is seeking to end the program, and DACA recipients are now facing additional hurdles to remain in the United States. Additionally, the United States is currently facing a surge in the numbers of unaccompanied migrant children who have crossed the border looking for refuge, often hoping to reunite with family members who are already here.
Conclusion
Undocumented immigrants often face a number of legal challenges when attempting to live and work in the United States. There are some protections afforded by the Supreme Court, though those are limited. With current political trends, increasingly more individuals, including unaccompanied minors, are entering the United States without documentation and hopes of reunifying with family members already here.