"Civil Rights" of illegal immigrants

('Criminal' is not a protected class)

 

Background / Overview

Criminal activity is a Choice; Criminal is not a protected class

How we can treat criminals, including illegal immigrants

Summary


Background

I have been reading the details of Civil Rights from information provided by the Equal Employment Opportunity Commission (EEOC) and the US Commission on Civil Rights (USCCR).

I have also been discussing scenarios and legal facts with various people who work in these areas.

I have learned many things. Today I wanted to address the bogus claims of discrimination made by illegal immigrants.


Overview

The basic concept of today's message is this: "Criminal" is NOT a protected class.

Many illegal immigrants gather and protest, claiming "discrimination." They usually claim discrimination based on "national origin" or "race."

However, the issue here is not the immigrant's national origin or race, but his status as a criminal. The fact that the person is a criminal supersedes his national origin or his race.


Criminal activity is a Choice, Criminal is not a protected class

 

Criminal activity is a Choice

Note that criminal activity is a choice. Protected classes are not choices.

Categories such as race, sex, and national origin are what you are born with; you had no choice.

In contrast, criminal activity is a personal choice, you can choose to obey the law or to break the law. Thus, if you break the law, that was your personal choice. Therefore you are no longer protected by civil rights discrimination laws.

 

Criminal is not in the official list of protected classes

Note that legally, civil rights discrimination applies only certain classes, such as race, sex, and national origin. Note that "criminal" is not on this list.

 

All illegal immigrants are criminals

"We are not criminals!" I hear illegal immigrants making this statement during every protest. That statement is absurd; an illegal immigrant is a criminal.

There are several federal laws regarding immigration. If you do not follow any one of those laws then you have committed a crime. If you continue to break the law (as is the case with an illegal immigrant being in the U.S. day after day), then you are indeed a criminal.

Note that employers who knowingly hire illegal immigrants are also criminals.


How we can treat criminals, including illegal immigrants

Now let us look at how Americans can treat criminals.

Note that civil rights "discrimination" does not apply to criminals.

(Note also that I have put specifics which apply specifically to illegal immigrants in parentheses below each point.)

 

Legally:

1. You do not have to hire a person with a criminal record. Nor do you have to hire a known criminal who has not yet been punished.

(You do not have to hire an illegal immigrant)

 

2. You do not have to rent to a person with a criminal record. Nor do you have to rent to a known criminal who has not yet been punished.

(You do not have to rent to an illegal immigrant)

 

3. You can investigate the criminal background of all employees, before the hiring process.

(You can investigate the legal status of the immigrant before you hire. In fact, is actually required by law that you do so.)

 

4. You can check the criminal background of employees at any time after they have been hired.

If you did not do a criminal background check before hiring, you can do this check at any time after the employee has been hired. Furthermore, you can monitor new criminal activity, at any time after they have been hired.

Note that it is common for an employee to commit a crime after being hired. If the crime is done outside work (such as drunk driving or assault) then the company might not know about it until a second criminal investigation is done.

(Regarding immigrants, you can recheck your employees for immigration status at any time. In addition to an immigrant being illegal from the start, some immigrants become illegal because their visas have expired.)

 

*4b Legal Note:

Many illegal immigrants will claim that if you check their criminal activity, then you are singling them out from all the other employees, which is then a case of discrimination.

This is not exactly true.

The law does say that an employer cannot single out a person to check on his immigration status based on just on his appearance, accent, or last name.

However, if the employer has suspicions, then he has a right to investigate. This is the same principle as the police officer using "probable cause" to search your car if he has suspicions that you have committed a crime.

 

FYI, note also that the statements by the US Commission on Civil Rights are contradictory. First they say that the employer must have proof that the employee has legal right to work in the United States. Yet, they contradict themselves later by saying that the "employer cannot single you out to require employment verification because you are of a particular national origin group or you appear not to be a citizen."

Because the statements are contradictory, we can take the statement we wish. In our case, we can abide by the statement: "the employer must be able to prove that you are legally authorized to work in the United States and will ask you to present documentation showing that you have work authorization."

If you want to eliminate any possibility of complaints in this area, then it is best to do a criminal check on all your employees, on a periodic schedule.

 

 

5. You do not have create contracts with a person who has a criminal record. Nor do you have to do business with a known criminal.

(You do not have to do business with illegal immigrants. You do not have to sell your property to illegal immigrants. You do not have to offer your services to illegal immigrants.)

 

6. If a person has served his sentence, then you must allow him to enter public facilities, such as hotels and restaurants.

 

7. However, if a person is committing a crime, of any type, in your restaurant or hotel, then you have the right to eject him.

Furthermore, if the person is a known criminal, and has not yet been arrested, then you do not have to allow this known criminal into any place of "public access."

(You do not have to allow illegal immigrants to enter anywhere, not on any private property, not on any public property, and not in any business. They are not supposed to be anywhere on U.S. territory.)

 

8. It is your duty as a citizen to report criminal behavior when you see it.

(You can report illegal immigrants to law enforcement. Reporting illegal immigrants is not "harassment" nor is it "discrimination.")


Summary

• No criminal can claim civil rights discrimination. This is because "criminal" is not a protected class.

• When a person breaks the law, that is his choice, therefore civil rights protections regarding "protected classes" do not apply.

 

• A criminal has no civil rights related to employment, renting, buying property, or access to public facilities.

• An illegal immigrant cannot claim discrimination, because his criminal activity supersedes any other factor.

 

• We do not have to employ an illegal immigrant.

• We do not have to rent to an illegal immigrant.

• We CAN deny many services and access to facilities to an illegal immigrant. We can deny these things because this person is a known criminal, and he has not yet been punished for his crime.

• A criminal has civil rights which relate to trials and punishment in the court system. Similarly, an immigrant who came here legally, yet whose visa has expired is allowed a certain amount of due process in the legal system.

• However, an illegal immigrant has no rights in our legal system, nor does he have any rights related to employment, housing, or public access.

• The illegal immigrant is not supposed to be anywhere on U.S. territory, therefore he does not have any rights; he has only the privileges and gifts which we might choose to give him.

 

Mark Fennell

9/8/06