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Migrant Labour in the United States: Working Beneath the Floor for Free Labour?

in Migrants at Work: Immigration and Vulnerability in Labour Law (forthcoming, Oxford Univ. Press).

Univ. of San Francisco Law Research Paper No. 2014-19

21 Pages Posted: 23 Jun 2014 Last revised: 2 Aug 2014

Maria Linda Ontiveros

University of San Francisco - School of Law

Date Written: 2014

Abstract

This chapter argues that the combination of US employment and immigration laws create a system for the exploitation of immigrant workers that runs counter to the purpose of the Thirteenth Amendment to the US constitution. The chapter provides an overview to US employment and migration laws and then identifies specific problems raised for immigrant workers. The chapter then describes Thirteenth Amendment jurisprudence and shows how the current system of laws runs afoul of the amendments purpose.

Keywords: Thirteenth Amendment, migration, immigration, labor law, employment discrimination, involuntary servitude

Suggested Citation

Ontiveros, Maria Linda, Migrant Labour in the United States: Working Beneath the Floor for Free Labour? (2014). in Migrants at Work: Immigration and Vulnerability in Labour Law (forthcoming, Oxford Univ. Press). ; Univ. of San Francisco Law Research Paper No. 2014-19. Available at SSRN: https://ssrn.com/abstract=2457257

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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