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Where You Stand Depends On Where You Sit: Bureaucratic Politics In Federal Workplace Agencies Serving Undocumented Workers, Ming H. Chen Jan 2012

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 …


Homely, Cultured Brahmin Woman Seeks Particular Social Group: Must Be Immutable, Particulara, Nd Socially Visible, Sarah Kathryn French Jan 2012

Homely, Cultured Brahmin Woman Seeks Particular Social Group: Must Be Immutable, Particulara, Nd Socially Visible, Sarah Kathryn French

University of Colorado Law Review

This Note examines whether Brahmin women constitute a particular social group under United States asylum law. The domestic violence victims in immigration court-who are predominately Latin American-have thus far failed to establish, in a precedential decision, that they are part of a particular social group or that their perpetrators' violence was on account of their membership in a particular social group. Orthodox Brahmin women in India, however, may be able to meet the elements of asylum where other victims have failed. This Note examines whether Brahmin women can meet the elements of a particular social group, whether the Indian government …