The Case of Maria Elena
Thomas Shanks, S.J.
This case was developed by Tom Shanks, S.J., director of the Markkula Center for Applied Ethics. Maria Elena is a composite drawn from several real people, and her story represents some of the ethical dilemmas behind the immigration issue.
Maria Elena has cleaned your house each week for more than a year. You agree with your friend who recommended her that she does an excellent job and is well worth the $30 cash you pay her for three hours' work. You've also come to like her, and you think she likes you, especially as her English has become better and you've been able to have some pleasant conversations.
Over the past three weeks, however, you've noticed Maria Elena becoming more and more distracted. One day, you ask her if something is wrong, and she tells you she really needs to make additional money. She hastens to say she is not asking you for a raise, becomes upset, and begins to cry. When she calms down a little, she tells you her story:
She came to the United States six years ago from Mexico with her child, Miguel, who is now 7 years old. They entered the country on a visitor's visa that has expired, and Maria Elena now uses a Social Security number she made up.
Her common-law husband, Luis, came to the United States first. He entered the country illegally, after paying smugglers $500 to hide him under piles of grass cuttings for a six-hour truck ride across the border. When he had made enough money from low-paying day jobs, he sent for Maria Elena. Using a false green card, Luis now works as a busboy for a restaurant, which withholds part of his salary for taxes. When Maria Elena comes to work at your house, she takes the bus and Luis baby-sits.
In Mexico, Maria Elena and Luis lived in a small village where it was impossible to earn more than $3 a day. Both had sixth-grade educations, common in their village. Life was difficult, but they did not decide to leave until they realized the future would be bleak for their child and for the other children they wanted to have. Luis had a cousin in San Jose who visited and told Luis and Maria Elena how well his life was going. After his visit, Luis and Maria Elena decided to come to the United States.
Luis quickly discovered, as did Maria Elena, that life in San Jose was not the way they had heard. The cousin did not tell them they would be able to afford to live only in a run-down three-room apartment with two other couples and their children. He did not tell them they would always live in fear of INS raids.
After they entered the United States, Maria Elena and Luis had a second child, Jose, who is 5 years old. The birth was difficult because she didn't use the health-care system or welfare for fear of being discovered as undocumented. But, she tells you, she is willing to put up with anything so that her children can have a better life. "All the money we make is for Miguel and Jose," she tells you. "We work hard for their education and their future."
Now, however, her mother in Mexico is dying, and Maria Elena must return home, leaving Luis and the children. She does not want to leave them because she might not be able to get back into the United States, but she is pretty sure she can find a way to return if she has enough money. That is her problem: She doesn't have enough money to make certain she can get back.
After she tells you her story, she becomes too distraught to continue talking. You now know she is an undocumented immigrant, working in your home.
What is the ethical thing for you to do?
This case was written by Thomas Shanks, S.J., Executive Director of the Markkula Center for Applied Ethics.
February 1, 1996
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