If he's here illegally, and buys something at a store, has he actually STOLEN? after all, he couldn't legally buy stuff if he's here illegally.
If he's here illegally, and Maryland gives him a driver's license, and he drives, should he be pulled over and arrested for driving illegally? After all, he's illegal, how could he drive legally if he's here illegally?
Hey, we should give him a ticket for crossing the street, because he's here illegally, so he must have crossed the street illegally.
Better, let's arrest him for trespassing. After all, he's here illegally, so he can't be legally on the streets, right?
The COurts have ruled that you cannot arrest an illegal immigrant for "trespassing", even though he is in the country illegally he still has a LEGAL right to be in the streets in public.
Extending that COURT ruling, if he can legally occupy the streets, he can legally work, and legally drive, and legally buy stuff from a store.
There was a guy who went on a cruise with his family. Post 9/11, they do a lot of extra checks on people when they travel. Turned out he had an outstanding warrant in Florida, where the tour ended, and he was in fact supposed to be in jail all these years. SO they arrested him when he got off, and put him in jail.
Therefore, his entire life he was ILLEGALLY out of jail.
But no court, no prosecuter, no rabid anti-illegal-immigrant type, EVER thought to argue that he should have to turn over to the government his company, his house, and all the money he ever made, since he did it all "illegally" because he was "illegally out" of jail.
The law tries not to multiply offenses. If you are going 80 in a 30 MPH zone, you are doing so now, and now, and now. And you are also going 75, and 70, an 85, and 60, etc., at some point to get to 80.
But a judge would kick out of court a prosecuter who tried to bring multiple speeding charges for each speed you went through to get up to 80, or for speeding at each 1-foot mark on a road for the 2 miles you were speeding.
The crime is being here illegally (actually not much of a crime, the penalty is deporting you back to where you belong). We don't charge you for being here illegally each second you are here, thus making you illegal many times, nor do we charge you for everything you do while you are here (that would otherwise be illegal) simply because you are here illegally.
You may want your legislature to write laws to make it illegal for illegals to do stuff, and if they did, I guess it would make those things illegal. If you want, you can make sure the law says it is illegal for illegals to work, AND have that law specify that part of the punishment is the forfeiture of all earnings from the job.
But the law does not say that at this time, and you wouldn't likely get many people to support such a law (actually maybe we would, and maybe that would help discourage illegals).
I seem to remember there was a time when it wasn't illegal for a minor to purchase cigarettes, but it was illegal to SELL them to the minor. Something about not wanting to make minors criminals.
In order to legally work in this country a non citizen or resident alien must be authorized to do so. If they are not authorized to do so then they are breaking the law. Pose all the spin you want to but that is the basic reality. Deny it all you want to.
Tresspass claims? Go tell a certain Sheriff Arpaio that mmmmmk?
You can deny there is specific laws asto employment in this country by foreign nationals if you want to but the fact is they are what they are. You have to be authorized to work and if you aren't then you are working illegaly. It is that simple even if you don't want to admit it.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD