Home Legal Rights Are Illegal Immigrants Entitled to a Minimum Wage?

Are Illegal Immigrants Entitled to a Minimum Wage?

Are Illegal Immigrants Entitled to a Minimum Wage?

Are Illegal Immigrants Entitled to a Minimum Wage?

The issue of illegal immigration has been a divisive topic in recent years, especially in the United States. One aspect of this issue that has been hotly debated is whether illegal immigrants are entitled to a minimum wage. This article will explore this issue in depth, analyzing the legal, moral, and practical implications of granting minimum wage protection to undocumented workers.

What is the Minimum Wage?

First, let us define what is meant by the minimum wage. The minimum wage is the lowest amount of compensation an employer is required to pay its employees for their labor, as defined by law. The purpose of the minimum wage is to ensure that workers are able to earn a decent income and that companies are not able to take advantage of their employees by paying them unreasonably low wages.

The concept of a minimum wage has been part of the labor laws of many countries for decades. In the United States, the federal minimum wage was first established in 1938. Since then, the minimum wage has been increased several times, most recently in 2009, when it was raised to $7.25 per hour. Some states have established their own minimum wage rates, which may be higher than the federal rate.

What is the Status of Illegal Immigrants in the United States?

Illegal immigrants, also known as undocumented immigrants, are individuals who have entered the United States without proper authorization. According to the Pew Research Center, there were approximately 10.5 million undocumented immigrants in the United States in 2017. That number has likely changed since then, as the issue of immigration continues to be a major topic of debate.

Undocumented immigrants are not eligible for many of the rights and benefits that are available to citizens and legal immigrants. For example, they are not eligible for most types of federal assistance, including Social Security, Medicare, and Medicaid. They are also not eligible for in-state tuition at public colleges and universities.

One of the most contentious issues related to undocumented immigration is employment. Although it is illegal for employers to hire undocumented workers, many companies do so anyway, either knowingly or unknowingly. Some employers take advantage of undocumented workers by paying them lower wages than they would pay to legal workers. This practice is sometimes referred to as “wage theft.”

Should Illegal Immigrants Be Entitled to a Minimum Wage?

Now we come to the question of whether illegal immigrants should be entitled to a minimum wage. There are several arguments in favor of granting minimum wage protection to undocumented workers, as well as some arguments against it.

The Legal Argument

From a legal perspective, there is currently no federal law that specifically addresses whether undocumented workers are entitled to a minimum wage. However, there are several legal precedents that suggest they are.

For example, the Fair Labor Standards Act (FLSA), which established the federal minimum wage, does not specifically exclude undocumented workers. In fact, it defines an “employee” as “any individual employed by an employer,” without any mention of the employee’s immigration status. Similarly, the U.S. Supreme Court has ruled that undocumented workers are entitled to the same protections under U.S. labor laws as legal workers.

In addition to these legal precedents, some states have established their own minimum wage laws that explicitly include undocumented workers. For example, California’s minimum wage law states that “all individuals in the state” who work more than a certain number of hours per week are entitled to be paid at least the minimum wage. This language includes undocumented workers.

The Moral Argument

From a moral perspective, there are several compelling arguments in favor of granting minimum wage protection to undocumented workers. One of the strongest of these arguments is that all workers deserve to be treated fairly and paid a decent wage for their labor, regardless of their immigration status.

Undocumented workers often perform difficult, low-paying jobs that legal workers are unwilling or unable to do, such as farm labor, construction work, and domestic work. By denying these workers a fair wage, employers are essentially exploiting their vulnerable position and taking advantage of their labor.

Furthermore, many undocumented workers have lived and worked in the United States for years or even decades. They have established families, homes, and communities here. Denying them the protection of minimum wage laws undermines their dignity and their contributions to our society.

The Practical Argument

From a practical perspective, there are also several arguments in favor of granting minimum wage protection to undocumented workers. Perhaps the strongest of these arguments is that it would help to deter employers from hiring undocumented workers in the first place.

If companies were required to pay undocumented workers the same wages as legal workers, they would have less incentive to hire them. This, in turn, could help to reduce the number of undocumented workers in the United States, as less demand for their labor would make it less attractive to come here illegally.

Furthermore, granting minimum wage protection to undocumented workers would help to ensure that they are able to live and work in dignity. It would also help to reduce the negative impact that the exploitation of undocumented workers can have on local labor markets and on the economy as a whole.

The Counterarguments

Of course, there are counterarguments to the idea that undocumented workers should be entitled to a minimum wage. One of the most common of these arguments is that by granting minimum wage protection to undocumented workers, we are essentially rewarding them for breaking the law.

There is also concern that granting minimum wage protection to undocumented workers would encourage more illegal immigration, as it would make it easier for them to survive financially once they arrived here. Some opponents of this idea argue that the best way to discourage illegal immigration is to make it harder for undocumented workers to find employment in the United States.

Another counterargument is that granting minimum wage protection to undocumented workers would put an undue burden on employers, especially small businesses. These employers may not be able to afford to pay all of their workers minimum wage, and requiring them to do so could force them out of business or force them to lay off workers.

Finally, some opponents of this idea argue that granting minimum wage protection to undocumented workers could encourage more companies to hire them. Employers who are currently reluctant to hire undocumented workers may be more willing to do so if they did not have to pay them as much as legal workers.

Conclusion

In conclusion, the question of whether illegal immigrants should be entitled to a minimum wage is a complex and contentious issue. From a legal perspective, there are some precedents that suggest they are entitled to it, but there is no clear federal law on the matter. From a moral perspective, there are compelling arguments in favor of granting minimum wage protection to undocumented workers, as denying them a fair wage undermines their dignity and their contributions to our society. From a practical perspective, granting minimum wage protection to undocumented workers could help to reduce the demand for their labor, ensure that they are able to live and work in dignity, and reduce the negative impact that their exploitation can have on local labor markets and the economy as a whole. However, there are also counterarguments to this idea, including concerns about rewarding illegal behavior, encouraging more illegal immigration, burdening employers, and creating more incentives for companies to hire undocumented workers. Ultimately, this is a debate that will likely continue for some time, as the issue of immigration remains a highly contentious one in the United States and around the world.


Immigration rights change depending on the legality of the immigrant in question. Due to the fact that illegal immigrants are undocumented, they cannot get jobs unless they are under the table or nontaxable. Minimum wage, which is the lowest amount of money that an American citizen can legally be employed for on an hourly basis, varies state to state. Since illegal immigrants must work jobs that they are unlawfully able to have in the first place, employers who hire them do not feel the need to pay them minimum wage, knowing that no legal complaint can be made on the part of the illegal immigrant.

Few immigration rights exist for the benefits of illegal immigrants. Generally, equality does not enter in to the picture with illegal immigrant rights. Illegal immigrants are forced to maintain a low profile in the workforce and have no entitlement to the most basic employment rights. An illegal immigrant is not going to file suit against an employer for bad treatment and low pay. When it comes to immigration rights, there are arguments both for and against giving illegal immigrants the legal right to make a minimum hourly wage.

Immigration rights draw a good deal of debate from the American public. Sociologists often study the effect that immigration – legal or illegal – have on society. Certain statistics even show that illegal immigration may help the middle and upper classes financially. Yet, the fundamental argument exists that the more jobs illegal immigrants hold, the less jobs are made available for American citizens.

Currently, there exist millions of unemployed American citizens that are actively seeking employment. Due to the current economic crisis in the United States, many people are taking jobs that they are over-qualified for; in turn, the younger or inexperienced workers that once filled these low-level or mid-entry jobs must now compete with these people for work. The average state minimum wage is $7.25 per hour.

It is argued that because a minimum wage is not protected under illegal immigrant rights, these low level jobs are handed to illegal immigrants who are willing to get a flat pay of as little as $2 per hour, on average. Because of this, the working class and the working poor are said to be more likely to remain unemployed.

Roughly 28% of illegal immigrants live in poverty, with an additional 46% living near the poverty income line. On one hand, supporters of immigration rights say that every human in America has the right to receive a livable wage for the work they do. On the other hand, the term livable wage can be relative depending upon a person’s expenses, living situation and location.

Those who believe that illegal immigration rights should be non-existent feel that giving illegal immigrants a federal minimum wage would be legally acknowledging and rewarding an individual who is breaking the law.