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Redefining The Rights Of Undocumented Workers, Keith Cunningham-Parmeter
Redefining The Rights Of Undocumented Workers, Keith Cunningham-Parmeter
American University Law Review
Should a nation extend legal rights to those who enter the country illegally? The Supreme Court recently addressed this question when it held that unauthorized immigrants who are fired illegally for unionizing cannot recover monetary remedies. This has led to a significant decline in employment protections for unauthorized immigrants beyond the unionized sector. For example, some courts now question whether unauthorized immigrants can receive full remedies for sexual harassment, workplace discrimination, or on-the-job injuries.
Scholars have criticized these losses but have yet to formulate a coherent framework for evaluating the employment rights of unauthorized immigrants. This article does so by …
The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf
The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf
American University Law Review
This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. It proposes a unifying theory - membership theory - for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract between the government and the people.
Membership theory provides decisionmakers with justification for excluding individuals from society, using immigration and criminal law as the means of exclusion. It operates in the intersection between criminal …