In the ongoing debate over immigration, one question continues to surface: Can illegal immigrants get a job in the U.S.? Whether you’re an employer, immigrant, policymaker, or simply curious, the answer to this question is complex—and often misunderstood.
In this article, we’ll explore what the law says, how some immigrants manage to work despite their status, the risks involved, and how this issue affects both the labor market and immigrant communities. Read on to get a clear, accurate picture of this controversial and important topic.
What Does “Illegal Immigrant” Mean?
Before diving into employment rights, it’s important to clarify the term.
- Illegal immigrant (also known as undocumented immigrant) refers to someone who resides in a country without legal authorization.
- In the U.S., this typically includes individuals who:
- Entered the country without inspection
- Overstayed a visa
- Violated the terms of their legal status
This legal status significantly limits access to employment and public benefits.
What the Law Says About Employment
U.S. Federal Law on Hiring Illegal Immigrants
Under the Immigration Reform and Control Act (IRCA) of 1986, it is illegal for employers to knowingly hire unauthorized workers. Key points include:
- Employers must verify identity and work authorization using Form I-9.
- Workers must present valid documents, such as a Social Security card and a work permit.
- Knowingly hiring an undocumented worker can lead to hefty fines and criminal charges for employers.
👉 Important: Illegal immigrants cannot legally work in the U.S. without employment authorization.
How Do Illegal Immigrants Still Get Jobs?
Despite the law, many undocumented immigrants do find ways to work. Here’s how:
1. Using False or Borrowed Documents
Some individuals use:
- Fake Social Security numbers
- Borrowed or stolen identities
- Forged work permits
While this can allow them to gain employment, it’s illegal and carries significant risks.
2. Working “Under the Table”
Many undocumented workers are hired in informal sectors where employers pay cash and avoid documentation, such as:
- Construction
- Agriculture
- Domestic work
- Landscaping
- Hospitality services
These jobs often lack benefits, job security, or labor protections.
Risks for Illegal Immigrants Who Work
Working without legal status exposes undocumented immigrants to numerous risks and challenges:
- Exploitation: Without legal protections, workers may face unsafe conditions or unfair wages.
- Deportation: If discovered by immigration authorities, undocumented workers can be detained and removed.
- No Access to Legal Recourse: Reporting abuse or wage theft is risky and may result in immigration enforcement.
🔍 Fact: According to Pew Research Center, millions of undocumented immigrants are part of the U.S. labor force despite these risks.
Can Illegal Immigrants Pay Taxes?
Surprisingly, many undocumented workers do pay taxes. Here’s how:
- Some apply for an Individual Taxpayer Identification Number (ITIN) through the IRS.
- They file tax returns voluntarily, despite not being eligible for most federal benefits.
This helps them:
- Build a record of “good moral character”
- Support future immigration relief or legalization efforts
- Contribute to public services they can’t fully access
Are There Any Legal Pathways to Work?
While undocumented immigrants cannot legally work, there are limited exceptions and future options:
Temporary Protected Status (TPS)
Some individuals from designated countries can apply for TPS, which allows for temporary work authorization.
Deferred Action for Childhood Arrivals (DACA)
DACA provides work permits to certain undocumented individuals who came to the U.S. as children.
Adjustment of Status
Through marriage to a U.S. citizen or other pathways, some may eventually adjust their status and obtain work authorization.
Impact on the U.S. Labor Market
The presence of undocumented workers has both positive and negative effects:
Pros:
- Fill labor shortages in low-skill sectors
- Contribute to local economies through taxes and spending
Cons:
- May depress wages in certain industries
- Complicate enforcement of labor standards
This dynamic fuels ongoing political and economic debates.
What Can Employers and Immigrants Do?
If you’re an employer:
- Always verify work eligibility using E-Verify or Form I-9.
- Avoid hiring workers without proper documentation to protect your business.
If you’re an immigrant without legal status:
- Seek legal counsel to explore pathways to legalization.
- Avoid using fraudulent documents, as this can jeopardize future immigration benefits.
- Consider community resources or nonprofit organizations that offer guidance and support.
Final Thoughts: Navigating a Complex Reality
So, can illegal immigrants get a job? Technically, no—not legally. But in reality, many still work, often in low-wage sectors, and under precarious conditions.
This issue reveals the intersection of immigration law, labor demand, and human survival. While the law prohibits unauthorized employment, economic and humanitarian realities often tell a different story.
👉 If you’re impacted by this issue—whether as an employer or immigrant—consult with an immigration attorney or qualified advisor to understand your rights and responsibilities.
Andre Cuevas provides career insights, job search strategies, and professional advice to help individuals navigate the job market and achieve their career goals.
