Transnational Labor Citizenship

Over one million new immigrants arrive in the United States each year. This spring, Americans saw several times that number pour into the streets, protesting proposed changes in U.S. immigration and guest work policies. As the signs they carried indicated, most migrants come to work, and it is in the workplace that the impact of large numbers of newcomers is most keenly felt. For those who see both the free movement of people and the preservation of decent working conditions as essential to social justice, this presents a seemingly unresolvable dilemma. In a situation of massive inequality among countries, to prevent people from moving in search of work is to curtail their chance to build a decent life for themselves and their families. But from the perspective of workers in the country that receives them, the more immigrants, the more competition, and the worse work becomes. As an advocate for immigrant workers for over twenty years, I have often spoken from the heart of that dilemma. This Article proposes a way out. In it, I develop the idea of transnational labor citizenship, a new approach to structuring cross-border labor migration that draws on, but goes beyond, current theories of transnational political citizenship. Transnational labor citizenship reconceptualizes the relationship among the governments of immigrant sending and receiving countries, civil society labor institutions, such as unions and worker centers, and private actors. Inspired by recent efforts to organize workers as they move across borders, transnational labor citizenship would link permission to enter the United States in search of work to membership in cross-border worker organizations, rather than to the current requirement of a job offer from an employer. This Article offers the new concept of labor citizenship as a lens for understanding the challenges unions face in taking the leap to an open attitude toward the future flow of migrants. By labor citizenship I mean the ways in which workers\u27 organizations create membership regimes, set and enforce rules for those who belong, and approach their goal of improving wages and working conditions. I begin in Part II by elaborating the concept of labor citizenship, drawing on the nation-state citizenship framework and emphasizing the key pragmatic and normative roles of borders in union organizing. In Part III, I trace the interactions between labor citizenship and its nation-state counterpart, arguing that in the context of large-scale immigration, the boundaried nature of labor citizenship is frequently its undoing, creating a recurring conflict between solidarity and defense. In Part IV, I lay out the dilemma of guest work as the last frontier in this progression. I draw on the history of both the bracero and more recent temporary work visa programs in the United States to argue that even a good guest work program would not address the challenges of establishing labor citizenship in a transnational world because guest work proposals inevitably preserve barriers between guests and residents that undermine efforts to raise or even maintain wages and working conditions. In Part V, I lay out my proposal for transnational labor citizenship, and in Part VI, I explore practical and theoretical hurdles and suggest how they might be overcome

The Geometry of Inside and Outside

These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy

At the Border and Between the Cracks: The Precarious Position of Irregular Migrant Workers under International Law

This article aims to identify jurisprudence which advances the standards of treatment of unauthorised migrants in the context of often hostile domestic laws and political rhetoric. Due to its universalist and humanist underpinnings, many would consider international human rights law to be a natural source of rights protecting migrant workers. However, human rights doctrine takes a chequered approach to the protection of those living or working in a foreign state without visa authorisation. Even the Migrant Workers Convention recognises states sovereign prerogative over immigration control, and thereby fails to cater to the especially precarious position of irregular migrants who decline to assert their rights for fear of facing sanctions under immigration laws. It is argued that we need to look to regional judicial forums to find international legal doctrine which articulates a progressive legal framework robustly protective of irregular migrants rights. This article canvasses jurisprudence in the regional Human Rights Courts in Europe and the Americas which succeeds, in different ways, at decoupling the absolute discretion of states to regulate border control from the substantive rights of irregular migrants nce present in a host state

Redefining the Rights of Undocumented Workers

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 distilling and applying several core principles at issue when employment laws conflict with immigration laws. I begin by explaining how the text and purpose of selected immigration and employment statutes show that Congress never intended to restrict unauthorized immigrants’ employment rights. Remedial restrictions not only harm the workplace protections at issue, they fail to discourage illegal immigration. Thus, neither legislative intent nor national immigration goals justify limiting the workplace remedies available to unauthorized immigrants. Although the future rights of unauthorized workers will turn partly on the issues of statutory purpose and immigration policy discussed in the early sections of the article, equally important are the consequences of diminished rights. Accordingly, the article concludes by explaining why restricting workplace protections based on status harms citizens as well as immigrants. Cunningham-Parmeter contends that employment protections are “rights of partial inclusion” that reflect a distinctive sphere - the workplace - where unauthorized immigrants should be placed on par with citizens in pursuing collective interests. In contrast to arguments that favor limiting resources to lawful residents, partial inclusion explains how employment protections can effectively preserve national identity while simultaneously enhancing unauthorized immigrants’ incentives for social investment. In doing so, partial inclusion furthers the community’s self-definition, while providing unauthorized immigrants with a sense of belonging in a world increasingly focused on their exclusion

Precarity and Agency through a Migration Lens

This special issue leverages the migrant experience to better understand precarity and agency in the contemporary world. By way of introduction, we examine the broader bodies of literature on precarity and agency, relate them to research on migration, and link them to the contributions in the special issue. Laying a foundation for further research, we illuminate three approaches to study the precarity-migration-agency nexus: an industry-specific approach, a sending country/deportee approach, and a collective action approach. We conclude with a critical analysis of freedom and national borders, considering the \u27open borders\u27 movement, postnational citizenship, and opposition to marketization

"Who is the Citizen's Other? Considering the Heft of Citizenship"

The objective of this article is to integrate legal and social conceptions of citizenship as they materialize at the geographic, political, and social border crossings that accompany transnational mobility. Rather than pose the question "who is the citizen?," I ask "who is the citizen’s Other?," partly as a means of surfacing what we mean by citizenship by thinking about who we designate as its alterity. Against the current of most contemporary scholarship, I commend resurrecting the concept of statelessness as an antipodal reference point for citizenship. My intuition is that a version of statelessness still dwells in the substratum of much citizenship discourse, and that rendering a plausible account of it under contemporary conditions may prove helpful in linking conversations about legal and social citizenship. I supplement the conventional understanding of the stateless person (apatride) as one who lacks any citizenship in a state by also designating as stateless one who possesses citizenship but lacks a state. My analysis draws on Hannah Arendt’s famous exegesis on the relationship between the apatride, the refugee, and the condition of rightlessness, as well as contemporary refugee jurisprudence. I demonstrate how subject positions commonly identified as the citizen’s Other, including the refugee, the alien and the second-class citizen, are better understood as nested within a larger matrix where the apatride represents the ultimate negation of citizenship. I then introduce the notion of the "heft" of citizenship as a method of assessing how legal citizenship and social citizenship interact to position an array of subjects between these stylized poles of citizenship and statelessness

Workers without rights as citizens at the margins

This article presents a normative account of citizenship which requires respect for labour rights, as much as it requires respect for other human rights. The exclusion of certain categories of workers, such as domestic workers, from these rights is wrong. This article presents domestic workers as marginal citizens who are unfairly deprived of certain labour rights in national legal orders. It also shows that international human rights law counteracts the marginal legal status of this group of workers. By being attached to everyone simply by virtue of being human, irrespective of nationality, human rights can complement citizenship rights when both are viewed as normative standards. The example of domestic work as it has been approached in international human rights law in recent years shows that certain rights of workers are universal. Their enjoyment cannot depend on citizenship as legal status or on regular residency. The enjoyment of labour rights as human rights depends, and should only depend, on the status of someone as a human being who is also a worker. © 2013 Taylor and Francis Group, LLC