What is the scope of legal protection for undocumented immigrants in biomedical research?
In Illinois, the legal protection for undocumented immigrants in biomedical research is limited. Undocumented immigrants are generally unable to participate in any clinical trials or research studies that require federal or state funding. Even if the research does not receive any federal or state funding, undocumented immigrants may still be unable to participate due to a variety of state and federal laws. Under Illinois law, undocumented immigrants are generally not allowed to work or receive compensation for their labor in any capacity. This means that any research that requires payment or compensation for participants is likely to exclude undocumented immigrants. Additionally, many research projects require participants to provide proof of identity or proof of residence, or to have their Social Security Number stored on file, which could reveal their undocumented status. The Chicago-based Immigrant and Non-Citizen Rights Center has advocated for laws that would protect undocumented immigrants engaged in biomedical research. Such laws would provide limits on the use of immigration status as a factor in denying research participation, and would also allow undocumented immigrants to receive compensation for their labor in biomedical research. Currently, however, undocumented immigrants’ legal protection in biomedical research is limited in Illinois.
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