Conflating Undocumented Immigrant Bodies with Labor

Fighting for Worker Justice in the Aftermath of the Francis Scott Key Bridge Tragedy

By Claudet Miranda Zambrano 

The Law Students on Workers’ Rights series publishes essays from current and incoming students at some of the top law schools in the country. These essays, submitted for the Charles E. Joseph Employment Law Scholarship, address the question “What are the biggest challenges facing workers’ rights in the future?”

On March 26, 2024 at approximately 1:30 A.M., just ten minutes from my apartment, Baltimore’s Francis Scott Key Bridge collapsed, resulting in a construction crew of eight to fall into the water with tons of debris. Only two survived, and six were presumed dead after weeks of searching for their remains. These individuals were not only construction workers, but they were Mexican and Central American Immigrants, some undocumented, that placed trust in their employers for the proper protections against tragedies like this one. The biggest challenge that faces worker’s rights in the future is conflating immigrant bodies with labor. Undocumented Latinos are, in the United States’ eyes, cheap labor. 

The modern-day Latino identity continues to be conflated with manual labor; occupations with the highest concentration of Latino workers include: agriculture, building cleaning and maintenance, construction, food preparation, and many more. This perception of Latino identity is recognized worldwide, contributing to occupational segregation and wage disparities hemispherically. Even within the Latino community, there exists further marginalization of one group: undocumented immigrants. 

One of the most famous labor unions prioritizing rights for Chicano workers, the United Farm Workers of America (UFW), often excluded those that would migrate without documentation. In the 1960s and 70s, Undocumented immigrants were excluded from the movement in fear that they would taint the work that the United Farm Workers had achieved in terms of labor protections for those who were documented. This instilled fear within the UFW’s goals and would compel their leader, César Chávez into leading an organized and systematic attack on undocumented migrant laborers, launching what would be known as “Campaign Against Illegals.” Their reasoning for doing so was that undocumented migrant workers were displacing documented farm workers from their jobs, depressing agricultural wages, and breaking farm worker strikes. The rise in deportations and xenophobia also spread news of the UFW’s efforts to rid themselves of any responsibility with undocumented farm workers, which forced people to think of Latino labor and its global reach. 

Undocumented workers stimulate economic activity and growth, contribute to state and federal taxes, and fill gaps in the labor market. In return, they are subject to wage theft, dangerous working conditions, xenophobia, racism, physical abuse, and many other inhumane experiences that exist at the intersection of an undocumented Latino worker’s identity. There exists an atmosphere of coercion on many employers’ behalf that make it almost impossible for undocumented workers to take action against abuses in the workplace without fearing retaliation. 

There are challenges for undocumented workers posed by the lack of enforcement of labor laws and regulations all across the country. When labor laws are not enforced and no one monitors implementation, it raises a phenomenon in which employers seek to exploit the vulnerabilities in the labor market to minimize costs and maximize profits. This fosters inequality within the labor market and has broader social and economic consequences for undocumented workers. It creates cycles of poverty, marginalization, and creates distrust between the workers and the workforce. One worker of the Francis Scott Key Bridge collapse was rescued and refused treatment at the scene. Questions were raised as to why the worker would refuse treatment. Could it be fear of deportation? Distrust in their employer? Shock? Regardless of the reason, after surviving a tragedy, the worker refused medical treatment because he did not feel at peace at the hands of others that were supposed to protect him. 

Employers believe that undocumented Latinos in the United States should be grateful for their employment. This belief allows employers to engage in worker exceptionalism, choosing to prioritize some workers and refusing to give those who are undocumented the protections as required by law. 

My goal is to pursue Employment Law, specifically serving undocumented immigrant communities. This area of law will allow me to advocate for my community by seeking protections from their employers and ensuring that they are receiving just compensation, both pecuniary and non-pecuniary. I have witnessed the exploitation of laborers like my parents and family members because of their race, ethnicity, and citizenship status. They were deprived of healthcare, fair pay, and respect. 

As I continue my journey to pursue Employment Law, the Francis Scott Key Bridge tragedy serves as a powerful catalyst for my commitment to seek justice and accountability. By championing the rights of undocumented workers, I want to honor the memory of those that have lost their lives in the workplace. I am determined to advocate for meaningful change in the labor market.

Reflections from Charles Joseph

Undocumented immigrants face exploitation every day. And despite the fact that wage theft and discrimination laws protect undocumented workers, many fear the cost of enforcing those rights. As Zambrano argues, tragedies like the collapse of the Francis Scott Key Bridge reveal the challenges that undocumented workers regularly experience. 

Employment lawyers can help by advocating for stronger enforcement of labor laws, including wage protections for undocumented workers. More broadly, supporters of immigrant rights need to attack the atmosphere of coercion that hangs over these workers.

Claudet Miranda Zambrano is a law student at the University of Baltimore School of Law. She holds a BA from George Washington University and plans to pursue a career in employment law. Contact Zambrano on LinkedIn. 

Charles Joseph has over two decades of experience as an NYC employment lawyer. He is the founder of Working Now and Then and the founding partner of Joseph and Kirschenbaum, a firm that has recovered over $140 million for clients.