Noncitizen Immigrant Labor and the Thirteenth Amendment: Challenging Guest Worker Programs

18 Pages Posted: 27 Sep 2007 Last revised: 27 Apr 2010

Maria Linda Ontiveros

University of San Francisco - School of Law

Abstract

This article offers a Thirteenth Amendment analysis of "guest worker programs." In these visa programs, non-United States citizens may come to work in the United States for a limited period of time. Under most of these programs, the worker must leave if they get fired or quit. The article offers a historical perspective of agricultural guest worker programs from 1770 through today and concludes that poorly crafted guest worker programs may violate the Thirteenth Amendment.

Keywords: thirteenth amendment, constitution, farm workers, california history, labor, immigration, immigrant workers, visa, guest worker

Suggested Citation

Ontiveros, Maria Linda, Noncitizen Immigrant Labor and the Thirteenth Amendment: Challenging Guest Worker Programs. University of Toledo Law Review, Vol. 38, No. 3, 2007; Univ. of San Francisco Law Research Paper No. 2010-15. Available at SSRN: https://ssrn.com/abstract=1017092

Maria Linda Ontiveros (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States
415-422-5365 (Phone)

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