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Abstract

Undocumented aliens who seek to enforce their rights against their employer in state court will often face deportation. An undocumented alien is vulnerable to discriminatory treatment in the workplace, and abusive employment practices, which may often incentivize employers to hire undocumented aliens. This Note exams the legal issues surrounding the employment of undocumented aliens. In particular, the validity of state regulation is examined in light of the rights guaranteed to undocumented aliens under the fourteenth amendment to the United States Constitution, granting due process. The author argues that state welfare benefits should not be denied to undocumented aliens, nor should they be denied access to the courts and threatened with deportation, because it is these practices that entice employers to hire undocumented aliens due to the lower labor costs associated with them, and they penalize undocumented aliens for the hiring practices of their employers.

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