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The Precarity of Temporality: How Law Inhibits Immigrant Worker Claims

Author
Griffith, Kati L.; Gleeson, Shannon
Abstract
In this article, we propose that temporary immigrant workers in the United States face unique law-induced challenges to claimsmaking when compared to other categories of workers with precarious immigration statuses, such as unauthorized workers and H-2 guest workers. We present a systematic comparison of each group, drawing on a review of the existing literature and a new pilot study, to examine how the challenges facing each set of immigrants overlap in some ways, but are unique in others. We conclude that particular differences in U.S. immigration law categories (unauthorized, H-2 guest workers, and temporary immigrant workers) may shape how immigrants on the ground interact with broader legal regimes, such as criminal, employment, and administrative law. In turn, these differing legal institutional contexts affect how immigrants weigh the prospect of coming forward with a workplace law claim against their employers.
Date Issued
2017-10-01Subject
temporary immigrant workers; immigration; workplace law; claims
Rights
Required Publisher Statement: © University of Illinois College of Law. Reprinted with permission. All rights reserved.
Type
article