Workplace Enforcement Workarounds

By Lee, Stephen | The William and Mary Bill of Rights Journal, December 2012 | Go to article overview

Workplace Enforcement Workarounds


Lee, Stephen, The William and Mary Bill of Rights Journal


INTRODUCTION 549

I. INTERIOR ENFORCEMENT TARGETS 553

A. "Exploitative Employers " 554

B. "Criminal Aliens " 557

II. WORKING AROUND WORKPLACE ENFORCEMENT 561

A. What Are Workarounds? 561

B. Workarounds in Interior Enforcement 564

C. Historical Analogues 567

III. UNDERSTANDING WORKAROUNDS IN INTERIOR ENFORCEMENT 570

CONCLUSION 574

INTRODUCTION

For more than a quarter-century, immigration law's interior enforcement agenda has fixated on the workplace and the criminal justice system. Every hiring decision and every traffic stop transpires in the shadow of the immigration code. Within this far-reaching universe, employers and the police have reigned supreme. Each stands as a gatekeeper for their respective institutions - a recruitment pitch often opens one gate, a street encounter the other - and while much has been written about these agents of immigration law, they are typically treated as separate subjects of academic inquiry. This essay shows how these front-line immigration decisionmakers are coming together. Specifically, I argue that the Executive's workplace enforcement policy is being undermined by its growing use of criminal law actors for immigration purposes.

To start with, the Obama Administration has deprioritized the removal of immigrant workers. It has chosen instead to focus on the employers themselves,1 with a particular focus on "exploitative employers" - those who knowingly hire and exploit immigrant labor. A key part of this strategy has been constraining the ability of employers to report unauthorized workers to immigration officials as a way of avoiding liability for workplace violations.2 One of the ways President Obama has distinguished himself from past administrations has been by targeting bad actor employers through the creative use of the administrative state. Some of the regulatory innovations force immigration enforcement-related investigations to yield to labor enforcement-related investigations; others enable unauthorized workers to pursue workplace claims before being removed; still others allow unauthorized workers with such claims to avoid removal altogether.3 Moreover, agencies with a workplaceoriented mandate - like the Department of Labor (DOL) - have come to play a more prominent role in the enforcement of immigration laws. All of these workplace enforcement fixes rest on the same rationale: discouraging employers from engaging in the strategic reporting of immigration-related information will advance the goal of deterring employers from hiring and exploiting immigrant workers.

Meanwhile, the Executive has sent a different type of message to sheriffs and police officers, who have emerged as key figures in another major interior enforcement program: the pursuit of noncitizen criminals for removal.4 Having announced that the removal of "criminal aliens" is the Administration's top immigration enforcement priority,5 Immigration and Customs Enforcement (ICE) has undertaken an unprecedented effort to encourage and, in many cases, compel local police to share immigration-related information with federal immigration officials. Although there might be some instances where the Executive discourages such contact from local police,6 interior enforcement as a whole is evolving in a direction that relies heavily on the engagement of local police. In the vast majority of jurisdictions, local law enforcement officers are effectively required to share immigration-related information with ICE on every person they arrest.7 This is a recent development,8 and one that has come to define the Obama Administration's approach to immigration enforcement. Rather than utilizing the 287(g) program9 - an "opt-in" model of local enforcement where each jurisdiction decides whether to assist the federal government in identifying potentially removable immigrants - the Department of Homeland Security (DHS) has openly embraced the Secure Communities Program (S-Comm),10 which compels every jurisdiction to assist in this endeavor. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Workplace Enforcement Workarounds
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.