Abstract

http://ssrn.com/abstract=1532912
 


 



Preserving Aliens' and Migrant Workers' Access to Civil Legal Services: Constitutional and Policy Considerations


Laura Abel


Yeshiva University - Benjamin N. Cardozo School of Law, National Center for Access to Justice

Risa Kaufman


Columbia University - Law School

2003

University of Pennsylvania Journal of Constitutional Law, Vol. 5, April 2003

Abstract:     
Restricting the availability of civil legal aid lawyers to help immigrants and migrant workers - as Congress and some states have done - is bad public policy. It leaves immigrant and migrant workers particularly vulnerable to workplace abuses. It undermines enforcement of minimum wage, workplace safety and other protections, to the detriment of the entire society. Such restrictions can be unconstitutional, too. Restrictions targeting migrant workers violate the right to travel grounded in the Privileges and Immunities Clause of Article IV of the Constitution. The constitutional right of equal protection bars the denial of state-funded legal assistance to various categories of documented aliens, and the denial of government-funded civil legal aid to undocumented children.

Number of Pages in PDF File: 31

Keywords: legal services, civil legal aid, legal representation, access to justice, LSC, state, federal, immigrants, migrant workers, workers' rights, workplace safety, minimum wage, Privileges and Immunities Clause, equal protection, documented aliens, undocumented

JEL Classification: I3, K1, K4, I18, J18

Accepted Paper Series





Download This Paper

Date posted: January 8, 2010  

Suggested Citation

Abel, Laura and Kaufman, Risa, Preserving Aliens' and Migrant Workers' Access to Civil Legal Services: Constitutional and Policy Considerations (2003). University of Pennsylvania Journal of Constitutional Law, Vol. 5, April 2003. Available at SSRN: http://ssrn.com/abstract=1532912

Contact Information

Laura Abel (Contact Author)
Yeshiva University - Benjamin N. Cardozo School of Law, National Center for Access to Justice ( email )
55 Fifth Ave.
New York, NY 10003
United States
HOME PAGE: http://www.ncforaj.org

Risa Kaufman
Columbia University - Law School ( email )
435 West 116th Street
New York, NY 10025
United States
Feedback to SSRN


Paper statistics
Abstract Views: 258
Downloads: 40

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.344 seconds