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13 Roger Williams U. L. Rev. 530 (2008)
Undocumented Immigrants and Their Personal Injury Actions: Keeping Immigration Policy Out of Lost Wage Awards and Enforcing the Compensatory and Deterrent Functions of Tort Law

handle is hein.journals/rwulr13 and id is 541 raw text is: Undocumented Immigrants and Their Personal Injury Actions: Keeping Immigration Policy Out of Lost Wage Awards and Enforcing the Compensatory and Deterrent Functions of Tort Law Immigration is by definition a gesture of faith in social mobility. It is the expression in action of a positive belief in the possibility of a better life. It has thus contributed greatly to developing the spirit of personal betterment in American society and to strengthening the national confidence in change and the future. Such confidence, when widely shared, sets the national tone. The opportunities that America offered made the dream real, at least for a good many; but that dream itself was in large part the product of millions of plain people beginning a new life in the conviction that life could indeed be better, and each new wave of immigration rekindled the dream. John F. Kennedy1 I. INTRODUCTION Today approximately 10.5 million undocumented immigrants2 1. JOHN F. KENNEDY, A NATION OF IMMIGRANTS 67-68 (1964). 2. For the purposes of this article, the population of immigrants who do not have documentation to reside legally in the United States will be referred to as undocumented immigrants. Besides the negative social implications associated with the term, referring to a portion of the population as illegal can be equated with assuming one is guilty until proven innocent. See STEPHEN H. LEGOMSKY, IMMIGRATION AND REFUGEE LAW AND POLICY 1192 (4th ed. 2002). When such dangerous assumptions are made, they negate the viability of immigration laws because just as in other areas of the law, people who must navigate through immigration proceedings may have valid legal claims which afford them remedies under the law. See id. Furthermore, the term alien even when used alone, carries its own negative implications. Id. 530

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