Undocumented Workers: Crossing the Borders of Immigration and Workplace Law
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[Excerpt] This Article endeavors to comprehensively outline the emerging field of immployment law. As this Article specifies below, this field broadly includes empirical, legislative, administrative, judicial, and other analytical inquiries and trends involving workers who bridge the divide between immigration law and workplace law. This Article also proposes directions for future research in this area. Namely, it raises a broad array of compelling questions that merit intensive scholarly, judicial, and policy analysis moving forward. As this Article will show, a hybrid analytical lens reveals otherwise obscured areas of inquiry. It thereby encourages scholars, policymakers, enforcement agency officials, and courts to more comprehensively develop immployment frameworks and research agendas that directly consider the interaction between immigration and employment protections for employees. To support these contentions, this Article draws from a variety of recent scholarly, legislative, case law, enforcement, and advocacy developments in the immployment law area. It also builds on the contributions of leading experts and scholars in this issue of the Cornell Journal of Law and Public Policy and at a recent workshop organized by Cornell University’s Institute for the Social Sciences. The workshop, similar to this Article, was entitled “Undocumented Workers: Crossing the Borders of Immigration and Workplace Law” (hereinafter the “Crossing the Borders Workshop”).
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immployment law; immigration law; workplace law; undocumented workers
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