This article assesses how two key institutions differentially shape immigrants' relationship to their rights in American society. We draw on over 200 in-depth interviews to argue that there is a stark difference between how schools encourage undocumented youth to view themselves as equal members of US society and how undocumented workers are marginalized in the workplace. We find that even as schools track and stratify students, they also foster a culture of meritocracy between documented and undocumented youth. Schools ultimately render immigration status irrelevant as undocumented youth learn to navigate the primary institution of this stage of their lives. Conversely, immigration status is central to the experience of undocumented workers, who develop a particular set of survival skills that help them live and work successfully in the United States without being detected while also erecting a barrier between themselves and any additional rights they may be afforded. relationship to their rights in American society. We draw on over 200 in-depth interviews to argue that there is a stark difference between how schools encourage undocumented youth to view themselves as equal members of US society and how undocumented workers are marginalized in the workplace. We find that even as schools track and stratify students, they also foster a culture of meritocracy between documented and undocumented youth. Schools
Drawing on forty-one interviews with both documented and undocumented Latino restaurant workers in San Jose, California, and Houston, Texas, this article examines how documentation status shapes the legal consciousness of immigrant workers. I identify three common narratives that undocumented workers provide to justify not making claims on workplace protection. First, I highlight that an ever-present fear of deportation inhibits any formal confrontation. Second, I demonstrate how undocumented status leaves undocumented immigrants with a particularly pragmatic and short-term understanding of their working life in the United States, rendering their working conditions temporary and endurable to them. Third, I expand Gordon and Lenhardt's (2008) discussion of the centrality of work to the American conception of citizenship. I reiterate that this particular sense of belonging is situated vis-a-vis other low-wage workers. These findings provide sociolegal scholars important theoretical contributions for crafting a research agenda on the role of undocumented status and legal mobilization.
The authors argue that taken-for-granted notions of deservingness and legitimacy among local government officials affect funding allocations for organizations serving disadvantaged immigrants, even in politically progressive places. Analysis of Community Development Block Grant data in the San Francisco Bay Area reveals significant inequality in grants making to immigrant organizations across central cities and suburbs. With data from 142 interviews and documentary evidence, the authors elaborate how a history of continuous migration builds norms of inclusion and civic capacity for public-private partnerships. They also identify the phenomenon of "suburban free riding" to explain how and why suburban officials rely on central city resources to serve immigrants, but do not build and fund partnerships with immigrant organizations in their own jurisdictions. The analysis affirms the importance of distinguishing between types of immigrant destinations, but argues that scholars need to do so using a regional lens.
This article examines the choices made by a sample of Latino immigrant restaurant workers in regard to their health management, particularly in response to illness and injury. I draw on 33 interviews with kitchen staff employed in the mainstream restaurant industry in San Jose, California, and Houston, Texas, in 2006 and 2007. I argue that workers must consider complex power relationships at work in weighing the advantages of calling in sick, using protective equipment, seeking medical care, or filing a workers' compensation claim. These decisions implicate direct and opportunity costs, such as risk of job loss and missed opportunities for advancement. Workers consequently leverage their health capital to meet their economic needs, to assert their autonomy at the workplace, and to ultimately reject the stigma of illness and injury.
This article examines the contextual factors driving legal mobilization of workers in the United States through an analysis of national origin discrimination charges under Title VII of the 1964 Civil Rights Act (2000–2005). Consistent with previous studies, this analysis confirms that high unemployment levels and weak labor protections promote legal mobilization. The findings also highlight the positive role that civil society may play in promoting claims‐making. I argue that nongovernmental organizations fill the gap in places where organized labor is weak, and may help support claims‐making particularly in places with a larger vulnerable workforce. The article concludes by offering suggestions for a renewed sociolegal research agenda that examines the role of 501c(3) civil society organizations for the legal mobilization of an increasingly non‐unionized and immigrant workforce.
We examine the official scope and actual coverage of immigrant civil society in seven California cities using a widely employed 501(c)3 database. First, we code immigrant organizations in official data and compare their number and proportion with population statistics; we find substantially fewer immigrant organizations than we would expect. Second, we measure the organizational undercount of immigrant civil society by calculating the number of publicly present immigrant organizations not captured in official data. We do this for four immigrant-origin communities (Indian, Mexican, Portuguese, and Vietnamese) using 160 key informant interviews and extensive examination of directories and media (ethnic and mainstream). We find a notable undercount, which varies by city and immigrant group. Considering both underrepresentation and undercounts, Mexican-origin organizations seem at a particular disadvantage. Our findings carry important implications for resource inequalities and advocacy capacity in minority communities, underscoring the need for further research on the vitality of immigrant civil society.
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