Exploitation Based on Migrant Status in the United States: Current Trends and Historical Roots

Author: 
Maria Linda Ontiveros
Date of Publication: 
March, 2018
Source Organization: 
Other

While the 13th Amendment abolished slavery in 1865, worker exploitation has continued in the United States particularly among non-citizen migrant workers. This situation is due in part to the U.S.’s long history of migrant labor use and the fact that, while federal law forbids discrimination based on national origin, it does not prohibit discrimination based on citizenship or migration status. “Exploitation Based on Migrant Status in the United States: Current Trends and Historical Roots” examines in historical context the workplace abuses experienced by present day authorized and unauthorized laborers.   

 The author notes that vestiges of unfree labor conditions from the antebellum period have continued throughout American history including the inability to freely exit from employment, lack of options to voice formal or informal complaints and restriction on accessing the larger labor market. These practices persist because of weak laws protecting migrant workers, poor enforcement of labor laws, and the fact that many migrants lack the language skills and legal know-how to advocate for their labor rights. Owing to their power to report immigration violations, employers can also easily exploit non-citizen migrant workers through wage theft, debt bondage and forcing laborers to work in abusive conditions. The paper also notes that visa requirements that tie immigrants to specific employers, such as guest worker programs, have the potential to create exploitive workplace conditions. (The Immigrant Learning Center’s Public Education Institute)

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Citation: 

Ontiveros, M. L. (2018). Exploitation Based on Migrant Status in the United States: Current Trends and Historical Roots. Bernard Ryan (Ed.), Migrant Labour and the Reshaping of Employment Law (Forthcoming). Oxford, England: Hart. Univ. of San Francisco Law Research Paper No. 2018-10. Available at SSRN: https://www.ssrn.com/abstract=3147309

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