Actual Paper Link

AP Rough Draft #1: Why Immigrants should hold First Amendment Rights

Abstract:

Immigration is a topic of controversy in the U.S. Particularly, in today’s society the role of illegal immigration portrays a large role in political affairs, and the issue of whether illegal immigrants have rights similar to citizens and residents with regards to the Constitution and the Bill of Rights which America was founded upon. Their roles in the U.S. are shaped by their voice; therefore, this paper focuses largely on the meaning of who “the people” which the Constitution addresses are meant to encompass in its rights to illegal immigrants. This paper will also target the role of free speech and its context in terms of the treatment of Mexican immigrants as one of America’s social minority groups, and how the first amendment also includes this group. With regards to assessing this issue there will be a large focus on society’s treatment of Mexican’s post Trump election, and prior to his election in regards to the issue, and why something has to be done present day rather than ten years from now.

Paper:

I believe the issues with illegal immigration matter today largely because of the issues portrayed in social media, and with the Presidency of Donald Trump targeting laws against refugees and Mexican Immigrants because the border to Mexico is very close. My focus for this paper will be on a social form towards how society, and politicians take the view of immigrants. Largely when  people think of immigrants in America they think of Mexican’s just because of Mexico’s nearness to the U.S.  This also takes into account how recent mass deportations might have been targeted at mexican’s because when Americans think “illegal immigrant” they do not think of Irish, or Jewish immigrants, but rather Mexican immigrants who have darker skin and brown hair with brown eyes. The case will bring into question the centerpoint of the first amendment and how Mexican immigrants should receive the right to be considered as part of “the people” in the United States Constitution. The recent focus with Trump’s “Big Plan” building the Wall with Mexico also takes into account discrimination this group will face and how important it will be in present day america for Mexican immigrants to be able to hold a voice in American courts, or when marching in protests in the United States.  The focus, however, for this paper will be the immigrants who have began a life in the U.S. and have lived here for at least five to ten years creating a segmented life rather than the illegal immigrants who have just now recently entered the United States. In regards to if we owe the illegal population the right to benefit from the Constitutional rights I will explore the benefits they give the country while also  taking into account the statistical imprisonment or detention of the individuals, and seeing as how law is applied to this groups by comparing laws in early African American and possible woman treatment not being taken into context when White American man where the only ones who received Constitutional rights as being part of “the people”. With this in mind I will also take into account the role of citizens through which a political sense of “the people” means and who it has controversially been assessed to be part of “the people.” Lastly, I will focus on those who became citizens through a bureaucratic channel vs. those who are here and invested their money and time here, and what it means to potentially end up advocating that we should change the law with regards to this issue by using previously argued solutions to this problem. I will attempt to take into account what citizens role is in connection to “the people” which the constitution assures.

In advocating a solution for this problem I believe it is important to take into account that undocumented immigrants should be considered as part of “the people” in the U.S. because their roles in the U.S. are largely interpreted by their voice and their ability to express demands to unfair treatment, protest events such as work harassment, exploitation, and protests against police violence and brutality.  These given rights to citizens and residents of the U.S. would be taken away from undocumented immigrants if it is to be believed that they hold no voice in the First amendment nor in the Bill of Rights or the U.S. constitution. I understand that they were not born here, and they came to the U.S. with no legal documentation, further, showcasing that no one is willingly holding them hostage here. However, it is necessary to take into account how border patrol has changed over the last couple decades. The border with Mexico was less heavily guarded, and many illegal immigrants who stayed in the U.S. while the border patrol began to be enforced more heavily did not see staying in the U.S. as a means of choice but necessity. They had families to feed with less than $10 pay in Mexico. You claim this is not America’s fault, but you fail to consider that America as a nation has seen itself the sole beneficiary of portraying the ideal government, and way of life in comparison to other nations. During World War 1 we decided not to engage because we wanted to remain neutral, but we thrived off the wealth the war between other nations caused. During the Cold War America saw itself as having the responsibility of showing its superiority in the arms race against other nations who saw themselves as communist nations such as the Soviet Union. In recent times, America has frowned upon the injustice towards third World country communities such as Cuba, and how with their involvement the country could prosper.

The phrasing of the First Amendment and its interpretation potentially affects Mexican immigrants as a social and political problem. This should be taken into account because as a nation of immigrants the U.S. which was build upon a need for freedom of religion, and freedoms such as those given by the First Amendment they took more than just opportunity from the Indians, they took away land, and brought many diseases with them. Mexican Immigrants only want an opportunity to have their voices heard, their rights(even if not as citizens) as human beings to be heard, and to be acknowledged. American’s should care and should given mexican immigrants the right to hold first amendment rights because they have helped build this nation too. They have worked by creating the roads in which America's drive to work, they have build the houses Americans live in, they have cared for the children American’s give birth too. In the beginning we as people were all equal, or so we’d like to believe, and some were unfortunate enough to not be born in the right place. But if Mexican immigrants shouldn’t have a voice then doesn’t that mean journalists who go to other third world countries, or regardless just countries outside of the U.S. shouldn’t have rights by that countries made either. What America so great that they are able to prohibit certain actions by other foreigners insider American soil while they have liberties not even guaranteed to those living in highly corrupted areas.

Americans should care about the violence towards those who have suffered at the hands of government officials such as police officials, and border patrol officials because by first violating the basic First Amendment rights of these individuals they will then progress to those who look like immigrants. Which will surely lead to constitutional rights being violated similarly to the law of Arizona’s SB 1070. But this isn’t why America should care. America should care because of the various claims it pronounces to be in stance for: America is a land of opportunity, America as a place for economical prospects, America as a place where others won't be judged. But with President Trump's recent pronunciations to “Make America Great Again” and his aim at targeting immigrants through mass deportation he is insinuating that America has become of a distasteful nature because of the increased amounts of immigrants coming to the U.S. By limiting the number of immigrants coming to the U.S. be it legally or illegally the U.S. will possibly lose many of its rural workers, and the chance of Americans applying to those jobs are slim because of the jobs requirement in massive back pain jobs.

.  II. Annotated Bibliography: 8-15 Sources

Andrea, Alfred J., and Carolyn Neel. World History Encyclopedia. Santa Barbara, CA: ABC-CLIO, 2011. Print.

"A Reagan Legacy: Amnesty For Illegal Immigrants." NPR. NPR. Web. 30 Jan. 2017.

"Background." USDA ERS - Background. Web. 12 Jan. 2017.

Baldoz, Rick. The Third Asiatic Invasion: Empire and Migration in Filipino America, 1898-1946. New York: New York UP, 2011. Print.

"Chinese Exclusion Act (1882)." Our Documents - Chinese Exclusion Act (1882). Web. 25 Jan. 2017.

"Community Resources." Community Resources for Immigrants | ILRC. Web. 25 Jan. 2017.

"Consideration of Deferred Action for Childhood Arrivals (DACA)." USCIS. Web. 30 Jan. 2017.

"DAPA and Expanded DACA Programs." National Immigration Law Center. Web. 30 Jan. 2017.

"Death on the Border: Shocking Video Shows Mexican Immigrant Beaten and Tased by Border Patrol Agents." Democracy Now! Web. 25 Jan. 2017.

"Dred Scott v. Sandford 60 U.S. 393 (1856)." Justia Law. Web. 08 Feb. 2017.

"Ethnic Competition Leads to Violence." Anti-Asian Racism & Violence : Asian-Nation :: Asian American History, Demographics, & Issues. Web. 25 Jan. 2017.

Frist, William H. Illegal Immigration: Border-crossing Deaths Have Doubled since 1995 ; Border Patrol's Efforts to Prevent Deaths Have Not Been Fully Evaluated: Report to the Honorable Bill Frist, Majority Leader, U.S. Senate. Washington, D.C.: U.S. Govt. Accountability Office, 2006. Print.

"HB 2281: Arizona’s Law to Ban Ethnic Studies." Abagond. 23 Oct. 2014. Web. 25 Jan. 2017.

Harrup, Anthony. "Mexico Raises Minimum Wage for 2015 by 4.2%, In Line With Inflation." The Wall Street Journal. Dow Jones & Company, 19 Dec. 2014. Web. 25 Jan. 2017.

"Hate Crimes." FBI. FBI, 15 Nov. 2016. Web. 06 Feb. 2017.

Hernandez, Jose Manuel. “Open Doors: The Ineffectiveness of Proposition 187.” Harvard International Review, vol. 19, no. 4, 1997, pp. 48–68. www.jstor.org/stable/42762340.

"Historical Development." Focus-Migration: Mexico. Web. 25 Jan. 2017.

"Hispanic Crime and Illegal Immigration in the United States." Open Borders: The Case. 30 Nov. 2014. Web. 30 Jan. 2017.

 

KAGAN, MICHAEL. "When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment." Boston College Law Review 57.4 (2016): 1237-1285. Academic Search Complete. Web. 06 Feb. 2017.

With regards to the first Amendment court hearing in Pineda Cruz v. Thompson this showcases an ongoing point of view and dilema stating illegal immigrants don’t have first amendment rights because they are not part of “the people” which the constitution entails. Also explores the case of Citizens United v. FEC showing First amendment rights can’t be denyed based on identity rather than content of speech.

Lewis, Anthony. Freedom for the Thought That We Hate: A Biography of the First Amendment. New York: Basic, 2007. Print.

Book from class with First Ammendment cases and how it related to our living world today.

Massey, Douglas S., and Kristin E. Espinosa. "What's Driving Mexico-U.S. Migration? A Theoretical, Empirical, and Policy Analysis." American Journal of Sociology 102.4 (1997): 939-99. Print.

Gives reasonsings of causes causing Mexicans to migrate the the U.S. including economical, political, and oportunity issues.

"Mexican Man Tased by Border Patrol Dies." Home - CBS News 8 - San Diego, CA News Station - KFMB Channel 8. Web. 25 Jan. 2017.

Case of Anastacio Hernandez again covered by CBS exploring his situation after the incident and during hospital hours stay.

Case of Anastacio Hernandez who was tased by Border Patrol Agents and killed to death. Had been living in the U.S. for many years until his deportation where he later tried to come back to the U.S. but was caught, and Border Patrol Agents claimed he had been resisting although video footage shows otherwise.

Mundy, Jane. "What Rights Do Illegal Immigrants Have regarding Wage and Hour Issues?" What Rights Do Illegal Immigrants Have regarding Wage and Hour Issues? Web. 25 Jan. 2017.

Discusses illegal immigrants right to wage compensation in the U.S. and working laws towards those who are U.S. immigrants and not necessarily legal.

STRACQUALURSI, MARIA. "Undocumented Immigrants Caught In The Crossfire: Resolving The Circuit Split On "The People" And The Applicable Level Of Scrutiny For Second Amendment Challenges." Boston College Law Review 57.4 (2016): 1447-1482. Academic Search Complete. Web. 08 Feb. 2017.

Paper about who “the people” is meant to entail, with reference to second and fourth ammendment rights. It talks about the right the bear arms and a man who had been living in the U.S. for about ten years, and whose house was search w/o a warrant but with his approval. Agents to find a gun, and lead to Court hearing in regards to immigrant rights.

Works Cited

Heyman, Steven J. Free Speech and Human Dignity. New Havem: Yale UP, 2008. Print.

"Largest U.S. Immigrant Groups over Time, 1960-Present." Migrationpolicy.org. 18 Oct. 2016. Web. 06 Mar. 2017.

March 1, 2017 09:30 AM. "Undocumented Immigrants' State & Local Tax Contributions." ITEP Reports. Web. 06 Mar. 2017.