Thursday, September 27, 2007

Ontiveros on Immigrant Workers and the 13th Amendment


Maria Ontiveros (San Francisco) has just posted on SSRN both an article (Toledo L. Rev.) and a book chapter on immigrant workers and the Thirteenth Amendment:

  • Noncitizen Immigrant Labor and the Thirteenth Amendment: Challenging Guest Worker Programs This article offers a Thirteenth Amendment analysis of “guest worker programs.” In these visa programs, non-United States citizens may come to work in the United States for a limited period of time. Under most of these programs, the worker must leave if they get fired or quit. The article offers a historical perspective of agricultural guest worker programs from1770 through today and concludes that poorly crafted guest worker programs may violate the Thirteenth Amendment.
  • Immigrant Workers and the Thirteenth Amendment This chapter examines the treatment of immigrant workers through the lens of the Thirteenth Amendment. It examines how the intersection of labor and immigration laws impact immigrant workers in general, “guest workers” and undocumented immigrants. It argues that immigrant workers can be seen as a caste of nonwhite workers laboring beneath the floor for free labor in ways which violate the Thirteenth Amendment. Further, it suggests ways in which immigrant workers can use the Thirteenth Amendment to improve their situation and offers an analysis of how the Thirteenth Amendment can form a bridge for organizing between labor, civil rights, immigration rights and human rights groups.


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