Abstract

http://ssrn.com/abstract=2076859
 


 



Undocumented Workers: Crossing the Borders of Immigration and Workplace Law


Kati L. Griffith


Cornell University - School of Industrial and Labor Relations

May 14, 2012

Cornell Journal of Law and Public Policy, Vol. 21, p. 611, 2012

Abstract:     
Undocumented workers uncomfortably straddle two legal regimes: immigration law and workplace law. Because of their undocumented immigration status, immigration law formally excludes these workers from such things as voting, the workplace, and access to most federal public benefits. Nonetheless, because of their status as employees who perform labor, “workplace law” simultaneously provides them with workplace protections. Despite these seemingly distinct lines of inquiry, a growing community of scholars has started to break down the boundaries between immigration and workplace law. A new hybrid area of law has emerged, what I call immployment law, at the crossroads of immigration and employment policies. Through its focus on undocumented workers in particular, this Article further justifies the need to move away from the immigration law-workplace law dichotomy and to more fully embrace immployment law as a crucial field of inquiry. Because this nascent “field” is somewhat fragmented and constituted by a diverse set of actors (scholars, legislators, courts, enforcement agents, and advocates), there is a pressing need for a more integrated understanding of the sometimes complementary, sometimes conflict prone, relationship between immigration law and employment policies. This Article outlines the emerging field of immployment law and proposes directions for future research in this area. As this Article will show, a hybrid analytical lens reveals otherwise obscured areas of inquiry. It thereby encourages scholars, policymakers, enforcement agency officials, and courts to more comprehensively develop immployment frameworks and research agendas.

Number of Pages in PDF File: 30

Accepted Paper Series


Download This Paper

Date posted: June 8, 2012  

Suggested Citation

Griffith, Kati L., Undocumented Workers: Crossing the Borders of Immigration and Workplace Law (May 14, 2012). Cornell Journal of Law and Public Policy, Vol. 21, p. 611, 2012. Available at SSRN: http://ssrn.com/abstract=2076859

Contact Information

Kati L. Griffith (Contact Author)
Cornell University - School of Industrial and Labor Relations ( email )
Ithaca, NY 14853-3901
United States
Feedback to SSRN


Paper statistics
Abstract Views: 616
Downloads: 93
Download Rank: 166,317

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.266 seconds