Hired hands needed: the impact of globalization and human rights law on migrant workers in the United States.

• Author: Linares, Juan Carlos

"Let's cross the border. I'll take you for $300 each. It's the ultimate for the poor. You won't have to sleep on the floor. Not like here, where you're dying of hunger. It's the land of money where you'll find beautiful houses and big cars. It's the most beautiful thing in life. Come with me to the North!" (1)

1. INTRODUCTION

   Globalization has hastened the integration of markets, allowing for easier access to resources and free flow of capital, and furthering the economic dominance of the United States on an international scale. But this process has not benefited most peoples of the world. Latin American migrant laborers, for instance, who have traditionally faced obstacles in the pursuit of their livelihoods, are encountering new challenges that imperil their jobs, freedom, and lives.

   Migrant workers' rights have recently stepped to the forefront of U.S. politics and society as President George W. Bush proposed to make it easier for these and other immigrant workers to enter the United States. (2) In spite of this, at present, immigrant "hired hands" are subjected to low pay and harsh working conditions as a result of employers trying to minimize their losses from the competition spurred by globalization.

   This article analyzes issues current to the globalization debate and its effects on Latin American migrant workers in the United States. These issues include workers' rights, immigration, and cross-national cooperation. Part I of this article introduces the conflict between globalization and human rights, setting the foundation for migrant labor demand. Part II illustrates the American experience with Spanish-speaking migrant labor, from the Bracero Program to the H-2 visa program. Part II also highlights contemporary American immigration issues, from the Patriot Act to modern case law, and the recent use of the Alien Tort Claims Act as a possible litigation tool for repatriated migrant workers.

   Part III discusses international efforts to grant migrant workers' protections through the International Labor Organization, the United Nations and NAFTA. Part IV concludes, as the article begins, with the assertion that domestic and international agendas should focus on protecting migrant workers rights, rather than subordinating them wholly to employer demands. (3)

2. GLOBALIZATION AND HUMAN RIGHTS

   The Bureau of the Census estimates the number of unauthorized, foreign-born persons in the United States at 8,835,450. (4) Most, if not all of these foreign workers migrate knowing that it will be difficult to attain legal status to work in the United States, but come nonetheless in search of the American Dream--"a job, upward mobility, and security." (5) Clearly, the main attraction to immigrants from Mexico and Central America are U.S. wages, which can be six to ten times higher than prevailing wages from these regions. (6) As such, workers from across the class spectrum in Latin America risk life and family separation to enjoy even a working class U.S. salary. (7)

   Subsequently, economic life in the United States has gone through a de facto integration of markets with its Latin American neighbors via the cross-border flow of labor and capital. (8) Migrant workers have experienced globalization concurrently with U.S. workers, but in drastically different ways and, undoubtedly, more adversely than their U.S. counterparts. (9) For one, Latin Americans cross the U.S. border daily in search of work, and consequently, many migrants experience unbelievable suffering and tragedy. (10)

   Once in the United States, "immigrants toil in poor and often illegal working conditions to which they refuse" to report to authorities for fear of deportation. (11) Thus, in many instances, migrant workers face discrimination and abuse. (12) Their perils may include exclusion from certain forms of employment or denial of access to social services. (13) Their working conditions may be exploitative or hazardous, or they may face violence by their employers. (14) They may even be denied basic rights of due process or receive ill-treatment from officials. (15) Abuse of migrant workers has become even more prevalent in the context of measures taken in the United States' efforts against terrorism. (16)

   Yet, the benefit Latin American migrant workers bring to the United States is undeniable. One study estimated that for every additional 100,000 immigrant workers, three percent of the 75-year cost of fixing Social Security is eliminated via payroll taxes contributed by immigrant workers, thus supporting the impending "baby boom" retirement. (17) Moreover, although the current U.S. unemployment rate is at 5.9%, (18) employers in many parts of the United States are "unable to find sufficient workers for the most physically demanding and arduous jobs." (19)

   Adding to a history of diversity, today's Latin American immigrants live throughout the United States working in various industries, including construction, hospitality, clothing, manufacturing and meat processing. (20) The evidence requires reconciliation between the burgeoning globalization of the U.S. economy and the human rights of migrant workers.

   1. Globalization and the Movement of People

      Generally, globalization is an ongoing, sociopolitical occurrence which includes the liberalization of national economies. (21) Its significance lies in the expansion of the market, where more people and countries are incorporated into the global market economy, and of the lives of individuals are driven by market demands more than ever. (22)

      The concept of globalization is becoming increasingly important in the United States, especially for those who argue that people should flow as freely as capital. (23) Nonetheless, as barriers to international trade and investment are eroding, increasing the mobility of goods and capital, restrictions on the free movement of workers have endured, (24) especially for those attempting to enter the United States. Globalization has thus posed many challenges to migrant workers who see a pressing need for upward harmonization of labor rights across borders. (25)

      Indeed, free labor is essential to economic advancement and prosperity. (26) Notwithstanding, workers in developing countries view globalization with contempt as the labor market expands beyond their regional capacities. (27) Accordingly, globalization has expanded the U.S. low-wage labor market while industrial and semi-skilled job opportunities have been outsourced. (28)

      Unfortunately, the relationship between labor organizations and markets has not developed in tandem, as slowly developing labor rights have lagged far behind sharply expanding markets. (29) As a result, in large cities and rural areas alike, work conditions in the U.S. have begun to mimic those of the third world. (30)

      In comparison, Latin America, a widely varied region, entered the global economy slowly after realizing the failure of the import-substitution economic model and from new pressures for market liberalization from the North. (31) Since 1990, there have been about twenty bilateral agreements signed between countries of the Americas that attempt to open trade and investment between South, Central, and North American countries, but emphasize primarily the subordination of migration and labor to the needs of capital. (32) Mexico, for instance, faces pressures from the United States in particular to prevent illegal border crossings into the U.S., and to further deter transit migration via Central America. (33)

      Mexican immigrants today are attracted not only by the opportunities for immigrant labor by U.S. employers and the resulting higher wages, but also by the unique network of family and neighborhood connections in the United States. (34) These immigrants seek refuge from demographic population growth, urban and rural insecurity, economic disruptions, and severe deterioration of the environment in Mexico. (35) Mexicans and other Latin Americans who leave their home countries however contribute vast amounts of money into home economies, often sending their paychecks home to support their families in poverty-stricken regions. (36) This is especially true today as remittances from Latin American emigrants now outnumber foreign direct investment as Latin America's primary source of foreign capital. (37)

      Employers in the United States still view migrant workers as a form of cheap labor, keeping costs of produce, textiles and services low enough to compete with their outsourced competitors. (38) Consequently, the employment of undocumented migrant workers has in many cases supported the existence of many U.S. employers, perpetuating a substantial economic interest in more immigration. (39)

      Globalization, however, has provoked resentment among the U.S. poor whose potential jobs are replaced, and even amongst middle and upper class Americans who disapprove of social changes generated by immigrants. (40) Indeed, Latin American diasporas in many parts of the United States have been perceived of as a threat. This is especially the case since September 11, 2001, where the stresses of global terrorism have emerged, even though the root cause of terrorism is global inequality and not immigration at large. (41)

      Both proponents and opponents of globalization, however, believe that diverse immigrant cultures brought by migrant workers positively impact American society from both a legal and social standpoint. (42) This cultural diversity increases ethnic diversity, opens windows to new cultures and generally enriches our society for future generations. (43)

   2. Human Rights Issues

      As mentioned, the benefits of globalization include primarily the reduced costs of doing business and a wider, more reachable consumer market. But these forces also facilitate the migration of people. (44) As a result, human rights laws in recent decades have been expanded and institutionalized along with international law. (45) In fact, many advocates of human rights...