WK 12 Reading A _ Human Rights for Undoc Students

Foreword

Introduction

• The immigration system in the U.S. is flawed despite reforms aimed by Presidents Bush and Obama.

• Over 11 million undocumented individuals live in the U.S., integrating into society but facing severe restrictions and risks.

• Undocumented immigrants struggle with:

  • Risk of deportation

  • Employment difficulties, often working under the table or using false documentation.

  • Lack of access to non-emergency health care and most government services.

  • Education access limited to K–12 due to established rights.

Human Rights Violations

• Undocumented individuals experience multiple human rights violations as outlined in the UN’s 1948 Universal Declaration of Human Rights, including:

  • Article 16: Right to family unity

  • Article 7: Equal treatment before the law

  • Article 23: Right to fair work

  • Article 21: Political participation

  • Article 25: Access to social services for a decent standard of living

Education for Undocumented Children

• Following the Plyler v. Doe Supreme Court decision in 1982, undocumented children are entitled to education in K–12 settings.

  • An estimated 5.2 million children in the U.S. have at least one undocumented parent.

  • A significant number of these children are U.S. citizens due to their birth in the country.

Impacts of Undocumented Status on Youth

• Children of undocumented parents face the anxiety of potential deportation and lack of rights as they transition into adulthood.

• The 'cruel experiment' results in:

  • Denied full equality despite belief in being American citizens.

  • Undocumented youth realizing they lack rights to work or financial aid for college.

• Current estimates show around 11.2 million undocumented immigrants in the U.S., a rise since 1990.

Legal Framework and Enforcement

Harsher Circumstances Since 1996

• Key legislation includes:

  • Illegal Immigration Reform and Immigrant Responsibility Act (1996): Facilitated mass deportations.

  • Antiterrorism and Effective Death Penalty Act (1996): Increased deportations of legal immigrants with felony convictions.

  • Personal Responsibility and Work Opportunity Reconciliation Act (1996): Broadened restrictions on public benefits.

Administrative Changes

• Integration of immigration status into federal and state databases enhances enforcement risks during routine activities.

• Surge in deportations from around 20,000 annually pre-1990s to approximately 400,000 per year since 2008.

• 200,000+ undocumented parents with U.S. citizen children deported between 2010 and 2012.

Psychological and Social Impacts

Effects on Children

• Children of undocumented parents exhibit:

  • Reduced likelihood of accessing legally available benefits.

  • Higher anxiety, depression rates during adolescence.

  • Lower educational outcomes during middle childhood.

• Constant fear of deportation adversely affects children's mental health and academic achievement.

Social Comparisons

• Comparisons are drawn between undocumented immigrants' struggles and the civil rights movements, likening their rights violations to historical injustices faced by African Americans.

• Movements such as DREAMers, inspired by civil and gay rights movements, advocate for the rights of undocumented youth.

Advocacy and Human Rights Perspective

Shift Toward Human Rights Advocacy

• Differentiation between civil rights (e.g., voting rights for citizens) and human rights (universal rights for all people).

• New legal human rights frameworks are needed to challenge systemic discrimination.

• Call for movements to emphasize human rights inclusion for undocumented individuals instead of limiting advocacy to civil rights.

Conclusion

• An increase in unauthorized immigrants surpasses historical figures relating to institutional discrimination (e.g., Jim Crow Laws).

• Current scholarship in understanding the undocumented experience focuses on educational implications and personal journeys under dire circumstances.