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Full-Text Articles in Law
Where You Stand Depends On Where You Sit: Bureaucratic Politics In Federal Workplace Agencies Serving Undocumented Workers, Ming H. Chen
Where You Stand Depends On Where You Sit: Bureaucratic Politics In Federal Workplace Agencies Serving Undocumented Workers, Ming H. Chen
Publications
This Article integrates social science theory about immigrant incorporation and administrative agencies with empirical data about immigrant-serving federal workplace agencies to illuminate the role of bureaucracies in the construction of rights. More specifically, it contends that immigrants' rights can be protected when workplace agencies incorporate immigrants into labor law enforcement in accordance with the agencies' professional ethos and organizational mandates. Building on Miles' Law that "where you stand depends on where you sit," this Article argues that agencies exercise discretion in the face of contested law and in contravention to a political climate hostile to undocumented immigrants for the purpose …
Safeguarding Employment For U.S. Workers: Do Undocumenteds Take Away Jobs?, Stephen A. Rosenbaum
Safeguarding Employment For U.S. Workers: Do Undocumenteds Take Away Jobs?, Stephen A. Rosenbaum
Publications
For more than five years, the Immigration and Naturalization Service (hereinafter, INS) has been stymied in its efforts to implement a rule prohibiting aliens from working while out on bond pending deportation or exclusion. Like defendants awaiting trial in the criminal justice system, aliens charged with violating U.S. immigration laws are typically allowed to post bond pending a hearing on the merits. The U.S. Attorney General has the authority to prescribe conditions governing an alien's release under bond, a period that could take a year or more. From 1973 to 1983, INS regulations authorized District Directors, with approval from the …