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    Redefining the Legality of Undocumented Work

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    Genre
    Journal article
    Date
    2018
    Author
    Lee, Jennifer J.
    Subject
    Immigration
    Immigrant workers
    Undocumented workers
    State and local resistance
    Sanctuary City
    Permanent link to this record
    http://hdl.handle.net/20.500.12613/6756
    
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    DOI
    http://dx.doi.org/10.15779/Z38TH8BN20
    Abstract
    Undocumented workers face a new harsh reality under the Trump administration. Federal law's prohibition of undocumented work has facilitated exploitation because workers fear being brought to the attention of immigration authorities. The current administration's aggressive stance towards worksite enforcement will only exacerbate abuses against undocumented workers, such as wage theft, dangerous working conditions, or human trafficking. Given the current climate, this Essay explores how states and localities can resist the federal prohibition by legalizing undocumented work. We live in times of resistance, with sanctuary cities that refuse to cooperate with federal immigration enforcement. Seizing on this moment, state and local resistance can offer more immediate accountability for addressing the plight of undocumented workers while disrupting the ways in which the federal immigration framework defines the illegality of undocumented work. To start, this Essay reviews how the incongruence between the lived experiences of undocumented workers and the federal immigration framework creates an underclass of workers. Next, it develops a typology of state and local resistance measures that recognize, protect, or promote undocumented work and considers whether these measures can succeed given concerns about federalism and governmental retaliation. This Essay concludes by discussing why state and local resistance is worthwhile. Beyond the palpable benefits of addressing exploitation, state and local resistance can help undocumented workers overcome exclusion by increasing their sense of belonging. Community members also benefit from the strengthening of workers' rights and the contributions to the local economy. At the same time, such resistance changes social norms and provides a powerful critique of the federal prohibition on undocumented work. Ultimately, this Essay is the first to examine how state and local resistance focused on undocumented work can lend itself to building social movements that promote immigrant inclusion by redefining the legality of undocumented work.
    Citation
    Jennifer J. Lee, Redefining the Legality of Undocumented Work, 106 CAL. L. REV. 1617 (2018).
    Citation to related work
    Copyright © 2018 California Law Review, Inc.
    Has part
    California Law Review, Vol. 106, Iss. 5
    ADA compliance
    For Americans with Disabilities Act (ADA) accommodation, including help with reading this content, please contact scholarshare@temple.edu
    ae974a485f413a2113503eed53cd6c53
    http://dx.doi.org/10.34944/dspace/6738
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