Actually all residents do have the right to contract, but invariably in talking to the anti-immigration folks the issue comes up of "their' not citizens the Constitution doesn't apply to them".
So to forestall that arguement, if I can demonstrate that their position inherently infringes on my rights as a "natural born citizen" (the highest in the rights hierarchy in THEIR view) then the arguement doesn't end up digressing into a discussion of what parts of the Constitution apply to Citzens, vs Residents vs. All Persons.
As for your point about making hiring illegals a crime - it is one already, and in fact the way the Constitutional rights issue is gotten around is a Texas Two step:
- The Feds tell employers that if they comply with the I-9 form then they have done their "due dilligence" and exempted themselves from the risk of being prosecuted.
- Employers offer jobs contracts conditional on fulfilling the I-9 form.
BUT I can still self-incorporate and contract my corporation to another. Thats essentially how much of the undocumented labor in the New Orleans cleanup got around the issue.
And also, this means that if I can come up with a way to fullfill the I-9 criteria, then the employer is off the hook (nudge nudge wink win ).
And therein lies the problem with going after employers first. You cannot effectively do so without creating a structure that places undue burden on me the "Born Citizen".