Comments about ‘BYU professor says courts not protecting undocumented workers’

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Published: Monday, Aug. 30 2010 10:11 p.m. MDT

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JBrady

Obvious answer, enforce immigration laws and the problem doesn't exist.

Duckhunter

So let me get this straight. Law breakers who are not even legally employable are actually trying to unionize, which is distasteful enough, and then trying to sue when they are fired.

These people should have absolutely no legal standing in employment matters as their very presence and employment are illegal to begin with.

It just shows how bold and demanding these law breakers are becoming that they actually think they have rights to our judicial system when their very presence is a crime.

kge

thought provoking however, the federal level could care less, so what's the answer? Become legal, get a green card, use the system correctly to obtain relief.

I M LDS 2

It has been written:

34 And again, verily I say unto you, that which is governed by law is also preserved by law and perfected and sanctified by the same.

35 That which breaketh a law, and abideth not by law, but seeketh to become a law unto itself, and willeth to abide in sin, and altogether abideth in sin, cannot be sanctified by law, neither by mercy, justice, nor judgment. Therefore, they must remain filthy still.

36 All kingdoms have a law given; (D&C 88:34-36)

- - - - -
If illegal immigrants want to be protected by law, they must abide by the law.

Andre

Well, the Constitution is a social compact between the government of the United States and its citizens. While the Constitution encompasses some rights which we consider to be unalienable and natural, other guarantees are only extended to those who have entered into the compact - US Citizens. Persons here illegally have a right to not be killed, tortured or detained indefinitely without repatriation, but not much else.

Hellooo

Exploitation of a worker illegal or not is still exploitation of the worker. Yes, border enforcement, and non-illegal immigration should be supported, but that does not justify exploitation of poor people that have performed labor and not been paid. Just additional examples of the need for bi-lateral guest worker agreements with our neighbors. Begin with Canada and Mexico, and then move to the next largest country, which is probably Brazil. Stop the political pandering for votes and take care of people.

Brother Chuck Schroeder

We all know Utah loves to keep illegal's around, as they were a chia pet, watering them, feeding them and watching they grow, but it's time to get over it, and report then let ICE deport them all. Here's we go again, for ill gotten of the LDS Church a BYU professor says courts not protecting undocumented workers?. First off all of them need to be deported, not protected. She says that may give unscrupulous employers financial incentives to hire the undocumented, because mistreating them may not require paying them penalties or back pay. She said a sharp shift in interpretation of employment laws came after the 2002 U.S. Supreme Court case of Hoffman Plastic Compounds v. the National Labor Relations Board. ACLU Lawyers look for these loopholes. The Supreme Court, however, while recognizing that he was considered an employee under the law, refused to award him payment "for wages that could not lawfully have been earned." Child labor laws for American people allow underage children who work to receive remedies for work they could not have performed legally, but the same is not true for illegal immigrants.

JBrady

Working in the country illegally, is exploitation of the legal work force.

Who is exploiting whom?

End illegal immigration, enforce the laws, and there is no problem. It's only a problem when people start deciding which laws to enforce.

FYI. We already have a guest worker program that is badly exploited by individuals and open border groups.

Brother Chuck Schroeder

correction re-post here........

Utah loves to keep illegal's around, as they were a chia pet, watering them, feeding them and watching they grow, but it's time to get over it, and report then let ICE deport them all. Here's we go again, for ill gotten gains of the LDS Church with their own BYU professor says courts not protecting undocumented workers?. First off all of them need to be deported, not protected. She says that may give unscrupulous employers financial incentives to hire the undocumented, because mistreating them may not require paying them penalties or back pay. She said a sharp shift in interpretation of employment laws came after the 2002 U.S. Supreme Court case of Hoffman Plastic Compounds v. the National Labor Relations Board. ACLU Lawyers look for these loopholes. The Supreme Court, however, while recognizing that he was considered an employee under the law, refused to award him payment "for wages that could not lawfully have been earned." Child labor laws for American people allow underage children who work to receive remedies for work they could not have performed legally, but the same is not true for illegal immigrants. Deport all illegals.

Dog Fur

Why even make them work? Let's just give them welfare payments and homes. They are only trying to feed their families, lets help them out. Raise our taxes, penalize legal citizens and pander to these new potential voters. I dare say let us make it illegal to be illegal, if you are here you are legal. Let us elevate lawyers to the lofty position of kings and rulers over us. Now be nice for once. Maybe then I can be proud of American like Mrs Obama.

jim l

They should not be here. They should not be taking american jobs.

Ethel

I can hardly believe a BYU associate professor, (Nunez) is defending the illegals. What part of illegal is misunderstood? That is a big assumption that illegals have any legal rights to get what they do not rightfully possess, which is the right to work in this country.

If they are allowed the same as legals, than there would be one more way to take advantage of the United States court system.

Illegals in Mexico are probably imprisoned and have no rights. Why should the U.S. be soft on them when they don't belong here in the first place?

Something is wrong with the picture she is trying to paint here in favor of the illegal immigrant worker.



Dog Fur

Message to all undocumented workers: I have a job for you, leave me a message here please. I will obey all laws and pay my taxes.

Florien Wineriter

Everyone who works for another person deserves to be paid! It's a human ethic!

facts_r_stubborn

Same old tired rhetoric from many bloggers on immigration issues. People who react from emotion only are a big part of the reason no progress can be made. To them enforcing the immigration laws is a moral absolute. They never answer the question, "if enforcement is an absolute, why do so many crimes of all types still occur?" The answer is, in illegal immigration and other more serious crimes, (e.g. violence, theft), absolute enforcement is most effective, (although not completely), in a dictatorship with a police state.

So the first thing that needs to happen in this debate on illegal immigration, is to stop talking in absolutes, and start debating the realities involved. More enforcement equals greater costs and higher taxes, and does not necessarily solve the problem.

This BYU profeesor said nothing that makes me believe he supports illegal immigration. Read the article. He made an assessment that not providing due process of the law to illegals makes the problems worse. No one here as even begun to debate the premise of his argument. Instead, you all dodge the issue.

And again, you fail to address the actions that would really help solve the problem.

facts_r_stubborn

Again it is a sad irony that so many bloggers on this issues are only for enforcing illegal immigration laws but not other laws. For example, how many of you know that due process of the law extends to all people on U.S. soil except for foreign diplomats who are exempt from U.S. jurisdiction?

In other words, the Constitution of the United States, requires that all people, (except diplomats), in the United States are entitled to due process. That is why they are entitled to a hearing before being deported. That is why they are protected by many other laws of our land.

Now, you can't have it both ways. You can't be for enforcing some laws and not others. If you don't like the law, work to change it, but don't be hypocritical, by claiming you are for enforcing the law when you pick and choose.

And if you seek to change basic protections under the law of this land for all peoples regardless of their status, I and many other thoughtful people in this wonderful land of the rule of law, will fight you every step of the way.

facts_r_stubborn

Apologies to Ms. Nunez, who is a she, not a he.

Ethel

Amen to what IM LDS 2, said.

" If illegal immigrants want to be protected by law, they must abide by the law."

DN Subscriber

So?

Next some hand wringer will be chastising someone for demanding that bank robbers give back their loot, even if it means their children will starve.

I've had it with all the sympathy for those who repeatedly break numerous laws, while those of us who work hard and are here legally have to obey all the laws!

It's this simple: Obey the law. If you are here illegally, go home and come back the right way. End of problem.

Spoc

Mr. Stubborn is correct about his observation that the subject at hand is not so much about illegality as it is about legal standing with respect to remedies available to citizens.

Let's stick to the subject. Should those who profit from illegal activity be allowed the same remedies as those who profit legally from their labors? The answer, as the bank robber analogy correctly points out, is no.

It that a denial of due process? No. The examples of court results cited are evidence that they did enjoy their day in court. They just lost, that's all. Whether you agree with the results or not, they did have their due process.

While Nunez may be correct about the court rulings having a tendency to incentivize illegal hiring, what she has failed to acknowledge is that by blaming the alien only, the courts have ignored the crime committed by the employer.

If she really wanted to eliminate the incentive to treat slave labor like slave labor she would be advocating vigorously prosecuting the employer.

Just think! Without the jobs there would be no need for fences that don't work or the futility of revolving door deportation!

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