Ghost Workers

Author(s):  
Sarah Bronwen Horton

Migrant farmworkers’ exclusion from many labor protections and forms of social assistance forces them to rely on informal and illicit subsistence strategies. One such strategy is “identity loan,” in which a migrant with legal status loans an undocumented migrant the work authorization documents that the latter needs to work. Unlike “identity theft,” then, “identity loan” is the voluntary and mutually beneficial exchange of work authorization documents. This chapter explores why document exchange flourishes in migrant communities, even as labor supervisors take advantage of such loans to reduce their labor costs. Labor supervisors often threaten to falsely position identity “loans” as “thefts,” denying “identity recipients” their right to workers’ compensation insurance when they are injured. Thus the recent trend towards governing immigration through crime—that is, federal and local officials’ reliance on criminal prosecution to deter undocumented migration— hands labor supervisors yet one more tool to create a docile labor force.

Author(s):  
Alexander Smirnov ◽  
Andrey Santashov

The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circumstances both in the past and present period of the deve­lopment of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.


2021 ◽  
pp. 127
Author(s):  
Viktor N. Borkov

The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.


2018 ◽  
Vol 2018 (1) ◽  
pp. 3-15
Author(s):  
Gennadii KULIKOV ◽  

Concepts of “labor costs” and “cost of labor” have been refined. Differences between the concepts of “labor costs” and “total cost of labor”, “price of labor” and “wages”, “compensation” and “wages”, “labor costs” and “staff costs” are shown. The concept of “labor costs not belonging to the wage fund” is specified. Significance of these costs as a workforce reproduction factor in the system of social and labor relations is considered. Trends in labor costs and their structural elements in Ukraine and abroad are revealed and their comparative analysis is carried out. The difference between the “production value of labor force” (that is, “real cost of labor for producer”) and the “real consumer value of labor force” (that is, “real cost of labor for employee” as a consumer of goods and services) is justified. Differences in cost of labor indicators in Ukraine and the EU countries are shown and proposals to use new indicators are suggested. Recommendations on development of the system of accounting for the cost of labor in terms of its flexibility, efficiency and reliability are elaborated, in particular, concerning the quarterly accounting of cost of labor indices, hourly wages and labor cost levels. Purposes of using the statistical information on employer’s expenses for maintaining the workforce are determined. Indicators of the costs of maintaining the workforce were estimated by users of this information. The need of enterprises for additional information is justified.


Author(s):  
Wilma King

Boys and girls of European and African descent in Colonial America shared commonalities initially as unfree laborers, with promises of emancipation for all. However, as labor costs and demands changed, white servitude disappeared and slavery in perpetuity prevailed for the majority of blacks in the South following the American Revolution. Children were aware of differences in their legal status, social positions, life changing opportunities, and vulnerabilities within an environment where blackness signaled slavery or the absence of liberty, and whiteness garnered license or freedom. Slavery and freedom existed concomitantly, and relationships among children, even black ones, in North America were affected by time and place. Slave societies and societies with slaves determined the nature of interactions among enslaved and emancipated children. To be sure, few, if any, freed or free-born blacks did not have a relative or friend who was not or had never been enslaved, especially in states when gradual emancipation laws liberated family members born after a specific date and left older relatives in thralldom. As a result, free blacks were never completely aloof from their enslaved contemporaries. And, freedom was more meaningful if and when enjoyed by all. Just as interactions among enslaved and free black children varied, slaveholding children were sometimes benevolent and at other times brutal toward those they claimed as property. And, enslaved children did not always assume subservient positions under masters and mistresses in the making. Ultimately, fields of play rather than fields of labor fostered the most fair and enjoyable moments among slaveholding and enslaved children. Play days for enslaved girls and boys ended when they were mature enough to work outside their own abodes. As enslaved children entered the workplace, white boys of means, often within slaveholding families, engaged in formal studies, while white girls across classes received less formal education but honed skills associated with domestic arts. The paths of white and black children diverged as they reached adolescence, but there were instances when they shared facets of literacy, sometimes surreptitiously, and developed genuine friendships that mitigated the harshness of slavery. Even so, the majority of unfree children survived the furies of bondage by inculcating behavior that was acceptable for both a slave and a child.


2019 ◽  
Vol 7 (1) ◽  
Author(s):  
Ayşen Üstübici

AbstractThe article highlights international dimensions of the emergence and transformation of migration policies in Turkey from the early 2000s onwards, including the context of the Syrian displacement, which made Turkey the top refugee hosting country in the world. While the transformation of migration governance in Turkey has widely been discussed, the effects of externalization on Turkey have remained focused on foreign policy and Turkey-EU relations. Only recently has the research explored the socio-legal implications of migration governance in terms of the emergence of categorizations leading to differentiated inclusion of migrant groups. The article establishes the historical and conceptual link between technocratic responses to externalization dynamics and the emergence of differentiated legal status. The article argues that measures of externalization brought a technocratic approach to migration governance. As a result, the complex, controversial aspects of the externalization process, such as the production of differentiated legal statuses amongst migrant communities with protection needs, have so far been overshadowed.


1984 ◽  
Vol 18 (3) ◽  
pp. 541-557 ◽  
Author(s):  
Ralph Van Roy

In 1980 Venezuela took concrete steps to regularize the undocumented migrant population. While the number responding to the amnesty was small relative to expectations, the majority of illegals appeared to have regularized their status. For the first time it was possible to assess objectively the characteristics of the undocumented population. Moreover, the problem of illegal migrants seems to have been temporarily solved, a result of both the amnesty and the country's declining economic activity.


Author(s):  
Amy Reed-Sandoval

What does it really mean to “be undocumented,” particularly in the contemporary United States? Political philosophers, policymakers and others often define the term “undocumented migrant” legalistically—that is, in terms of lacking legal authorization to live and work in one’s current country of residence. Socially Undocumented: Identity and Immigration Justice challenges such a pure “legalistic understanding” by arguing that being undocumented should not always be conceptualized along such lines. To be socially undocumented, it argues, is to possess a real, visible, and embodied social identity that does not always track one’s actual legal status in the United States. By integrating a descriptive/phenomenological account of socially undocumented identity with a normative/political account of how the oppression with which it is associated ought to be dealt with as a matter of social justice, this book offers a new vision of immigration ethics. It addresses concrete ethical challenges associated with immigration, such as the question of whether open borders are morally required, the militarization of the Mexico-U.S. border, the perilous journey that many Mexican and Central American migrants undertake to get to the United States, the difficult experiences of many socially undocumented women who cross U.S. borders to seek prenatal care while pregnant, and more.


2018 ◽  
Vol 53 (2) ◽  
pp. 571-601 ◽  
Author(s):  
Amanda R. Cheong ◽  
Douglas S. Massey

Using data from the Mexican Migration Project, we evaluate the effects of documented and undocumented migration on the health of Mexican adults. Results suggest that documented and undocumented migrants are positively selected with respect to health in migrating to the United States and health status does not strongly predict selection into return migration back to Mexico. Among returned migrants, health deteriorates as the number of trips to the United States increases, with undocumented migrants experiencing an extra health penalty. While there is no continued decline on return to Mexico for undocumented migrants, they fare worse than returned documented migrants.


Author(s):  
Nelly Elmallakh ◽  
Jackline Wahba

AbstractThis paper examines the impact of the legal status of overseas migrants on their wages upon return to the home country. Using unique data from Egypt, which allows us to distinguish between return migrants according to whether their international migration was documented or undocumented, we examine the impact of illegal status on wages upon return. Relying on a Conditional Mixed Process model, which takes into account the selection into emigration, into return, and into the legal status of temporary migration, we find that, upon return, undocumented migrants experience a wage penalty compared with documented migrants, as well as relative to non-migrants. Our results are the first to show the impact of undocumented migration on the migrant upon return to the country of origin.


2020 ◽  
Vol 16 (1) ◽  
pp. 66-74
Author(s):  
Елена Папышева

This article discusses some powers of a prosecutor, his legal status in criminal procedure and administrative proceedings, the relationship between the functions of criminal prosecution and prosecutorial supervision. The author notes that at the stage of initiating a criminal case, prosecutor’s powers for criminal prosecution are exercised through supervisory activities, during which, on the facts of perpetration, he is entitled to make a reasoned decision to send the relevant materials to preliminary investigation bodies. The article analyzes prosecutor’s powers in initiating an administrative case, the legal nature of the prosecutor’s decision, which, according to the author, is not and cannot be evidence in the case (source of evidence), in contrast to the position of the courts and the prevailing judicial practice. Both processes (criminal and administrative proceedings) are based on identical principles and have similar institutions. Including for this reason, the problems of determining the status and powers of the prosecutor in exercising supervision have common roots.


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