Intended and Unintended Consequences of Employer Sanction Laws On Latino Families

Purpose: An estimated 38 million immigrants reside in the United States. Within the current context of economic crisis and high unemployment, immigration is a volatile issue. Numerous policies have been enacted to discourage immigrants from coming to the U.S., encourage a return to their homeland, and prevent undocumented immigrants from accessing resources/jobs (Androff, et al., 2010); yet little analysis has been done on the impact of these policies on the lives of families. Kivel (2002) notes policies often reflect the perspective of the power group and exclude the frame of the disenfranchised. This project uses a critical theory lens to address this gap and examine the consequences of the Legal Arizona Workers Act (LAWA) on the lives of Latino families. This study considers who benefits and who is adversely impacted by LAWA and brings the voices of the disenfranchised into the debate. Methods: Study participants were recruited from two community centers in Arizona. Twenty six Latino immigrants participated: 10 male and 16 female. Participants ranged in age from 19 to 50 years of age and a majority had been in this country more than 5 years. Three focus groups were facilitated using a semi-structured interview guide that asked what policies participants were aware of that impacted immigrants and about the effects of these policies on their family. Data were analyzed using grounded theory methods: open and focused coding and a constant comparative approach within and between transcripts (Charmaz, 2006). To enhance trustworthiness, multiple coders independently analyzed the data and subsequently arrived at consensus regarding coding schemes and definitions. One team member then applied these schemes to all the data which was reviewed by other team members. Discrepancies in analysis were discussed until agreement was reached (Hill, Thompson, & Williams, 1997) Results:

Narratives indicate that LAWA has met its objectives, as many undocumented individuals are no longer able to obtain jobs and have relocated. Several “unintended consequences” surfaced as well. Participants relayed this policy sanctions employees rather than employers. Employers use alternative ways to maintain unauthorized employees such as paying in cash, paying less for the same or more work, and giving unauthorized employees checks with no funds. Participants shared how implementation of this policy has led to racial profiling in the form of workplace raids, and has intensified anti-immigrant sentiment and racism toward all Latinos. Immigrant families are left to endure exploitation that results in economic hardship, changes to family dynamics, and living in a constant state of fear.

Discussion/Implications:

While LAWA may have achieved its intended end, the stories of immigrants reveal the oppressive consequences of this policy: racial profiling, exploitive employer practices, and adverse impacts on Latinos. Critical practitioners are tasked with assisting immigrant families in coping with the effects of this policy. Additionally, practitioners must educate policy makers about the ramifications of LAWA, generate research with Latino citizens and documented immigrants to reveal how they are impacted by “anti immigrant” policies, and thus include the perspective of marginalized groups in the creation of just public policies.