The Precarity of Temporality: How Law Inhibits Immigrant Worker Claims

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.