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WELCOME 'GUESTS'? MIGRANT LABOR RIGHTS in the US GUESTWORKER PROGRAM by Samantha Stephanie Kelley a Dissertation Submitted

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WELCOME 'GUESTS'? MIGRANT LABOR RIGHTS in the US GUESTWORKER PROGRAM by Samantha Stephanie Kelley a Dissertation Submitted WELCOME ‘GUESTS’? MIGRANT LABOR RIGHTS IN THE US GUESTWORKER PROGRAM by Samantha Stephanie Kelley A dissertation submitted to the Faculty of the University of Delaware in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Political Science and International Relations Winter 2018 ©2018 Samantha Stephanie Kelley All Rights Reserved WELCOME ‘GUESTS’? MIGRANT LABOR RIGHTS IN THE US GUESTWORKER PROGRAM by Samantha Stephanie Kelley Approved: ____________________________________________________________ David P. Redlawsk, Ph.D. Chair of the Department of Political Science and International Relations Approved: ____________________________________________________________ George H. Watson, Ph.D. Dean of the College of Arts and Sciences Approved: ____________________________________________________________ Ann L. Ardis, Ph.D. Senior Vice Provost for Graduate and Professional Education ii I certify that I have read this dissertation and that in my opinion it meets the academic and professional standard required by the University as a dissertation for the degree of Doctor of Philosophy. Signed: __________________________________________________ _______ William H. Meyer, Ph.D. Professor in charge of dissertation I certify that I have read this dissertation and that in my opinion it meets the academic and professional standard required by the University as a dissertation for the degree of Doctor of Philosophy. Signed: _________________________________________________________ Jennifer Lobasz, Ph.D. Member of dissertation committee I certify that I have read this dissertation and that in my opinion it meets the academic and professional standard required by the University as a dissertation for the degree of Doctor of Philosophy. Signed: _________________________________________________________ Kara Ellerby, Ph.D. Member of dissertation committee I certify that I have read this dissertation and that in my opinion it meets the academic and professional standard required by the University as a dissertation for the degree of Doctor of Philosophy. Signed: _________________________________________________________ Rosalie Rolon-Dow, Ph.D. Member of dissertation committee iii ACKNOWLEDGEMENTS This dissertation, and the intellectual journey leading up to its completion, would not have been possible without the support of many individuals along the way. First and foremost, I want to recognize my committee members who were instrumental in shaping me as a scholar, initially via coursework, and later through advising my doctoral research. William Meyer, Jennifer Lobasz, Kara Ellerby, and Rosalie Rolón Dow provided tireless guidance and encouragement at every step in this process. Their counsel offered the needed feasibility, rigor, curiosity, and reflection to bring this project to fruition. There are many within the University of Delaware political science community who provided foundational contributions to my academic achievements over the years. I wish to thank Alice Ba, Philip Jones, Mark Miller, Claire Rasmussen, Matthew Weinert, and David Wilson, who set high bars for scholastic success, and through the process, became trusted mentors. The advice, encouragement, and especially laughter of my graduate school colleagues Emmanuel Balogun, Sara Jann, Steve Nkurlu, Faith Okpotor, Sahar Salehi, and Susan Weaver made what could have been very difficult moments, some of my fondest memories. Thank you to the department’s administrative staff, Lynn Corbett, Barbara Ford, and Nancy Koller for kindly shepherding me through paperwork and deadlines, while also offering your friendship. I would like to extend my profound appreciation and thanks to the many participants of this study, especially the guestworkers who shared their precious time with iv me. This research would not have been possible without them. I am also grateful for El Comité de Apoyo a Los Trabajadores Agrícolas (CATA). Nelson Carrasquillo, Jessica Culley, José Manuel Guzmán, Leila Borrero Krouse, and Kathia Ramirez educated me about the US Guestworker Program, and provided the needed introduction to prospective respondents at guestworker camps in New Jersey and Maryland. This dissertation would not have been financially possible without the generous University Fellowship provided by the University of Delaware’s Office of Graduate and Professional Education, as well as the Soles Fellowship given by the Department of Political Science and International Relations. My methods training was enhanced by Syracuse University’s Institute for Qualitative and Multi-Method Research, and my knowledge of migration issues was enriched by Northwestern University’s Center for Forced Migration Studies. Lastly, I would like to acknowledge the unconditional love and support of my family throughout every stage in this project. My parents, Stephen and Christina, thank you for always believing in me, and for all the sacrifices you have made to give your children a better life. My grandparents, while they passed away too soon, their love is forever with us. Most importantly, my warmest and most heartfelt thanks goes to my husband, Aaron. You inspire me, make every day brighter, and I would never have been able to complete this without you. v TABLE OF CONTENTS LIST OF TABLES……………………………………………………………………......ix LIST OF FIGURES………………………………………………………………………..x ABSTRACT………………………………………………………………………………xi Chapter 1 INTRODUCTION ................................................................................................. 1 1.1 Research Overview ..................................................................................... 3 1.2 Research Significance ................................................................................ 6 1.3 Historical Context of the US Guestworker Program ................................ 10 1.4 Organization ............................................................................................. 16 2 CONCEPTUAL FRAMEWORK ........................................................................20 2.1 Literature Review...................................................................................... 21 2.1.1 Neoliberal Globalization and Power within the Food System .... 21 2.1.2 Labor Rights in an Era of Hyper-Commodification ................... 28 2.1.3 Regulating the Movement of Global Labor ................................ 33 2.1.4 Guestworker Programs ................................................................ 42 2.2 Theoretical Framework ............................................................................ 47 2.1.1 A Feminist Approach .................................................................. 47 3 METHODOLOGY ............................................................................................ 53 3.1 Research Questions .................................................................................. 55 3.2 Policy Research ........................................................................................ 56 3.2.1 Data Collection .......................................................................... 57 3.2.2 Data Analysis ............................................................................. 59 3.3 Fieldwork ................................................................................................ 66 3.3.1 Access to Participants ................................................................ 72 3.3.2 Data Collection .......................................................................... 77 vi 3.3.2.1 Participant Observation and Fieldnotes ................... 77 3.3.3.2 Interviews ................................................................. 80 3.3.3.3 H-2A and H-2B Workers ......................................... 81 3.3.3.4 Community Stakeholders ......................................... 85 3.3.3.5 Government Employees ........................................... 86 3.3.4 Interview Data Analysis ............................................................. 87 3.4 Combining Policy and Fieldwork Analysis ............................................. 93 3.5 Positionality within the Research Process ............................................... 94 3.6 Research Limitations and Challenges ...................................................... 97 3.7 Conclusion ............................................................................................... 99 4 THE SHAPING OF US GUESTWORKER POLICY...................................... 101 4.1 Influence of Special Interests on the US Guestworker Program ........... 105 4.2 Congressional Discourses: Focus on H-2A (1995 through mid-2000s) 110 4.3 H-2B “Legislative Fixes” (Mid-2000s through 2015) ........................... 124 4.4 H-2A and H-2B Visa Categories: Labor Rights Differences ................ 135 4.5 Conclusion ............................................................................................. 141 5 GUESTWORKERS’ LIVES ON THE GROUND .......................................... 143 5.1 Case Study Communities ....................................................................... 146 5.1.1 Case Study Community 1: Southern New Jersey .................... 146 5.1.2 Case Study Community 2: Maryland’s Eastern Shore ............ 152 5.2 Guestworker Lived Experiences ............................................................ 158 5.2.1 Food Production’s Gendered Division of Labor ..................... 159 5.2.2 Racialized Recruitment ........................................................... 171 5.2.3 Formal and Informal Recruitment Fees
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