Illegal Alien (article)

Illegal Alien

illegal alien refers to a foreign-born person not a citizen or national of the United States who is physically present within the United States unlawfully. An alien may lack legal immigration status because he or she entered the United States illegally, or because he or she remains here illegally after having entered legally. Immigration status is governed by federal law. Currently, lawful forms of admission include, but are not limited to, (1) admission for permanent residence; (2) admission for a temporary stay for authorized purposes, such as diplomacy, business, pleasure, education, cultural and artistic activities, athletics, and certain employment; (3) admission as a refugee or asylum seeker; and (4) temporary parole into the United States for urgent humanitarian reasons or for reasons in the public interest. Once an illegal alien is present within the United States, that individual may be eligible for an adjustment of status to that of a legal resident.

Admission into the United States may be denied or restricted on a variety of grounds, including, but not limited to, (1) numerical limitations based on worldwide levels of immigration, country of origin, familial status, employment status, immigration status, and other factors; (2) health-related grounds, such as a physical or mental disorder that may pose a threat to the safety, welfare, or property of the alien or the public; (3) criminal grounds, such as conviction for crimes of moral turpitude, crimes relating to controlled substances, prostitution, or commercialized vice; (4) security grounds, related to espionage, sabotage, terrorism, violent overthrow of the government, membership in the Communist Party, participation in genocide, or other proscribed activity; (5) the likelihood that the alien will become a “public charge,” based on factors such as age, health, family status, financial resources, education, and skills; (5) the alien seeks to enter the United States to perform skilled or unskilled labor, where the performance of such labor may adversely affect workers in the United States, or the alien lacks prescribed professional credentials and qualifications, or certain conditions imposed upon the prospective employer of the alien have not been met; (6) the alien lacks proper documentation, such as a valid immigrant or nonimmigrant visa issued by the United States, or a valid passport or similar document; (7) the alien has violated certain provisions of the immigration laws relating to admission into the United States; (8) the alien has committed some other specified offense(s), such as draft evasion, polygamy, or child abduction. Illegal aliens who are physically present in the United States, and thus within its territorial jurisdiction, are bound to obey the law, and they also are entitled to the protection of the law. Although the civil rights enjoyed by illegal aliens are not necessarily coextensive with those afforded citizens and legal residents, illegal aliens are entitled to protection under the U.S. Constitution. For example, illegal aliens enjoy freedom of speech and of the press under the First Amendment, and freedom from unreasonable searches and seizures (with notable limitations relating to entry and deportation) under the Fourth Amendment. Illegal aliens may not be deprived of life, liberty, or property without due process of law under the Fifth and the Fourteenth Amendments. The Sixth Amendment’s provisions securing certain rights to the accused in criminal proceedings apply to illegal aliens, as do the Eighth Amendment’s prohibitions against excessive bail and cruel and unusual punishment. Illegal aliens are entitled to equal protection of the law under the Fourteenth Amendment. Illegal aliens may sue to enforce their civil rights under federal civil rights statutes.

Despite enjoying these and other legal rights under federal and state law, illegal aliens also face significant legal disabilities and penalties. Illegal entry into the United States is a crime punishable by fines, imprisonment, and civil penalties. Illegal aliens who are apprehended are subject to detention and may be ordered removed from the country unless eligible for a waiver or for an adjustment of immigration status. Illegal aliens (like all noncitizens) do not have the right to vote. Unless granted employment authorization, an illegal alien may not lawfully be employed. Illegal aliens may be disqualified from receiving some public welfare benefits.

Source :http://www.englisharticles.info/2011/04/22/illegal-alien/