U.S. Migrant Worker Law: The Interstices of Immigration Law and Labor and Employment Law

Abstract:     
This article exposes the current overlap and many of the legal tensions between two historically separate statutory regimes in the U.S. - federal immigration law and federal workplace law. It provides a comprehensive analysis of federal law governing documented and undocumented migrant workers. In doing so, the article highlights how federal immigration regulation of both documented and undocumented workers may unintentionally create barriers to the effective enforcement of federal workplace protections. For instance, some aspects of immigration regulation, such as the lack of portability of temporary guest worker visas from one employer to another and reduced remedies for undocumented workers who experience workplace law violations, further reduce incentives for employees to report valid workplace law violations.

Number of Pages in PDF File: 38

Accepted Paper Series