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Employer Sanctions Violations: Toward a Dialectical Model of White-Collar Crime

Published online by Cambridge University Press:  01 July 2024

Kitty Calavita
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Abstract

This article examines violations of the employer sanctions provision of the Immigration Reform and Control Act of 1986 as a case study in white-collar crime. Using interviews with 103 “immigrant-dependent” employers in three southern California counties, the study reveals that employer sanctions violations are numerous and that violators feel relatively protected from detection and punishment. It then traces both the prevalence of this crime and the impunity felt by violators beyond a simple cost/benefit analysis on the part of employers to the nature of the law itself. The study shows how legislative and implementation processes produced a low-risk crime, indicating that the shape the law took from the beginning ensured that its effect would be primarily symbolic and that violations would be widespread. This pattern suggests that the symbolic nature of the law and subsequent violations are dialectically linked and that both stem from contradictions inherent in immigration lawmaking. The article concludes that lawmaking and lawbreaking, while analytically distinct processes, must be seen as connecting pieces of the same theoretical puzzle.

Type
Research Article
Information
Law & Society Review , Volume 24 , Issue 4 , 1990 , pp. 1041 - 1069
Copyright
Copyright © 1990 The Law and Society Association.

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Footnotes

This research is part of a larger study being carried out at the Center for U.S.-Mexican Studies at the University of California, San Diego. I would like to thank Wayne Cornelius for the opportunity to collaborate on that study and the Ford Foundation for its support of the project. In addition, the Law and Social Science Program of the National Science Foundation has supported my ongoing investigation of the implementation strategies of the U.S. Immigration and Naturalization Service and the role of that agency in shaping immigration policy. Finally, I would like to thank Gil Geis, Shari Diamond, and an anonymous reviewer for their many helpful comments on the first drafts of this paper.

References

References

AUSTIN, Danforth W. (1971) “Leaky Border: Increases in ‘Wetbacks’ Entering from Mexico Stirs Concern in U.S.,” Wall Street Journal, 29 Sept., p. 1.Google Scholar
BARDACH, Eugene, and Robert A., KAGAN (1982) Going by the Book: The Problem of Regulatory Unreasonableness. Philadelphia: Temple University Press.Google Scholar
BARFIELD, Chet (1989) “Fining Company Under Alien Law Is Costly Chore,” San Diego Union/Tribune, 1 Feb., pp. A7–A8.Google Scholar
BEAN, Frank D., Georges, VERNEZ, and Charles B., KEELY (1989) Opening and Closing the Doors: Evaluating Immigration Reform and Control. Lanham, MD: University Press of America.Google Scholar
BECKER, Howard (1963) Outsiders: Studies in the Sociology of Deviance. New York: Free Press.Google Scholar
BERMAN, Daniel M. (1978) Death on the Job: Occupational Health and Safety Struggles in the United States. New York: Monthly Review Press.Google Scholar
BERMAN, Howard (1989) Address Before the Conference on Employer Sanctions and Discrimination, New York City Bar Association, 30 Jan.Google Scholar
BRAITHWAITE, John (1988) “Toward a Benign Big Gun Theory of Regulatory Power.” Canberra: Australian Institute of Criminology, Australian National University.Google Scholar
BRAITHWAITE, John (1985) To Punish or Persuade. Albany: State University of New York Press.Google Scholar
BRAITHWAITE, John, and Brent, FISSE (1983) “Asbestos and Health: A Case of Informal Social Control,” 16 Australian-New Zealand Journal of Criminology 67.Google Scholar
BROSSY, Julie (1990) “Aliens Entering Without Papers Show Sharp Rise,” San Diego Tribune, 12 March, pp. B2–B3.Google Scholar
BUSTAMANTE, Jorge (1978) “Commodity-Migrants: Structural Analysis of Mexican Immigration to the U.S.,” in Ross, S. (ed.), Views Across the Border. Albuquerque: University of New Mexico Press.Google Scholar
CALAVITA, Kitty (1989) “Contradictions in Immigration Lawmaking: The Immigration Reform and Control Act of 1986,” 11 Law & Policy 17.Google Scholar
CALAVITA, Kitty (1984) U.S. Immigration Law and the Control of Labor, 1820–1924. London: Academic Press.Google Scholar
CALAVITA, Kitty (1982) “California's ‘Employer Sanctions’: The Case of the Disappearing Law.” Research Report Series, 39. La Jolla: Center for U.S.-Mexican Studies, University of California, San Diego.Google Scholar
CHAMBLISS, William J. (1979) “Contradictions and Conflicts in Law Creation,” in Spitzer, S. (ed.), Annual Review of the Sociology of Law. Greenwich CT: JAI Press.Google Scholar
CHAPMAN, Leonard (1976) “Illegal Aliens: Time to Call a Halt!” Reader's Digest, Oct., pp. 188–18.Google Scholar
CORNELIUS, Wayne A. (1989) “The U.S. Demand for Mexican Labor,” in Cornelius, W. A. and Bustamante, J. A. (eds.), Mexican Migration to the United States: Origins, Consequences, and Policy Options. La Jolla: Center for U.S.-Mexican Studies, University of California, San Diego, for the Bilateral Commission on the Future of U.S.-Mexican Relations.Google Scholar
CORNELIUS, Wayne A. (1988) “The Role of Mexican Labor in the North American Economy of the 1990s.” Presented at the Fourth Annual Emerging Issues Program for State Legislative Leaders: “The North American Economy in the 1990s,” 7–10 Dec.Google Scholar
CORNELIUS, Wayne A. (1982) “America in the Era of Limits: Nativist Reactions to the ‘New’ Immigration.” Research Report Series, 3. La Jolla: Center for U.S.-Mexican Studies, University of California, San Diego.Google Scholar
CORNELIUS, Wayne A., Leo, CHAVEZ, and Jorge, CASTRO (1982) “Mexican Immigrants and Southern California: A Summary of Current Knowledge.” Working Papers in U.S.-Mexican Studies, 36. La Jolla: Center for U.S.-Mexican Studies, University of California, San Diego.Google Scholar
CRANE, Keith, ASCH, Beth, HEILBRUNN, Joanna Zorn, and Danielle C., CULLINANE (1990) The Effect of Employer Sanctions on the Flow of Undocumented Immigrants to the United States. Lanham, MD: University Press of America.Google Scholar
DILLIN, John (1989a) “Stalking Illegal Immigrants,” Christian Science Monitor, 30 Nov., p. 8.Google Scholar
DILLIN, John (1989b) “Illegal Immigration Surges in '89,” Christian Science Monitor, 27 Dec., p. 7.Google Scholar
EDELMAN, Murray (1977) Political Language: Words that Succeed and Policies that Fail. New York: Academic Press.Google Scholar
EDELMAN, Murray (1964) The Symbolic Uses of Politics. Chicago: University of Illinois Press.Google Scholar
FARBERMAN, Harvey A. (1975) “A Criminogenic Market Structure: The Automobile Industry,” 16 Sociological Quarterly 438.Google Scholar
FERNANDEZ-KELLEY, Patricia, and Anna M., GARCIA (1990) “Economic Restructuring in the United States: The Case of Hispanic Women in the Garment and Electronics Industries in Southern California,” in Cornelius, W. A. (ed.), The Changing Roles of Mexican Immigrants in the U.S. Economy: Sectoral Perspectives. Monograph Series 34. La Jolla: Center for U.S.-Mexican Studies, University of California, San Diego.Google Scholar
FIX, Michael, and Paul T., HILL (1990) Enforcing Employer Sanctions: Challenges and Strategies. Lanham, MD: University Press of America.Google Scholar
GALLUP, George (1980) “Most U.S. Citizens Favor a Hard Line Toward Illegal Aliens,” San Diego Union, 30 Nov., p. A-22.Google Scholar
GEIS, Gilbert (1988) “From Deuteronomy to Deniability: A Historical Perlustration on White-Collar Crime,” 5 Justice Quarterly 7.Google Scholar
HAGAN, John (1985) Modern Criminology: Crime, Criminal Behavior, and Its Control. New York: McGraw-Hill Book Co.Google Scholar
HARRIS, Richard A., and Sidney M., MILKIS (1989) The Politics of Regulatory Change: A Tale of Two Agencies. Oxford: Oxford University Press.Google Scholar
HARTUNG, Frank E. (1950) “White-Collar Offenses in the Wholesale Meat Industry in Detroit,” 56 American Journal of Sociology 25.Google Scholar
HAWKINS, Keith (1984) Environment and Enforcement. Oxford: Clarendon Press.Google Scholar
HIGHAM, John (1955) Strangers in the Land: Patterns of American Nativism, 1860–1925. New Brunswick, NJ: Rutgers University Press.Google Scholar
HOPKINS, Andrew (1978) Crime, Law and Business: The Sociological Sources of Australian Monopoly Law. Canberra: Australian Institute of Criminology, Australian National University.Google Scholar
LANE, Robert E. (1953) “Why Businessmen Violate the Law,” 44 Journal of Criminal Law, Criminology, and Police Science 151.Google Scholar
LEMERT, Edwin (1967) Human Deviance, Social Problems and Social Control. Englewood Cliffs, NJ: Prentice-Hall.Google Scholar
LEVI, M. (1984) “Giving Creditors the Business: The Criminal Law in Inaction,” 12 International Journal of Sociology 312.Google Scholar
LIPSET, Seymour, and Earl, RAAB (1970) The Politics of Unreason: Right Wing Extremism in America, 1790–1970. Chicago: University of Chicago Press.Google Scholar
McCARTHY, Kevin F., and R. Burciaga, VALDEZ (1985) Current and Future Effects of Mexican Immigration in California. Santa Monica, CA: RAND Corp.Google Scholar
MANN, Kenneth, Stanton, WHEELER, and Austin, SARAT (1980) “Sentencing the White-Collar Offender,” 17 American Criminal Law Review 479.Google Scholar
MARAM, Sheldon L. (1980) “Hispanic Workers in the Garment and Restaurant Industries in Los Angeles County,” Working Papers in U.S.-Mexican Studies, 12. La Jolla: Center for U.S.-Mexican Studies, University of California, San Diego.Google Scholar
MARSHALL, F. Ray (1978) “Economic Factors Influencing the International Migration of Workers,” in Ross, S. (ed.), Views Across the Border. Albuquerque: University of New Mexico Press.Google Scholar
MONTGOMERY, David (1972) “The Shuttle and the Cross: Weavers and Artisans in the Kensington Riots of 1844,” 5 Journal of Social History 411.Google Scholar
MONTWIELER, Nancy Humel (1987) The Immigration Reform Law of 1986. Washington, DC: Bureau of National Affairs.Google Scholar
MULLER, Thomas, and Thomas, ESPENSHADE (1985) The Fourth Wave: California's Newest Immigrants. Washington, DC: Urban Institute Press.Google Scholar
NELSON, Alan (1988) Presentation to the Seventh Annual Press Briefing, Center for U.S.-Mexican Studies, University of California, San Diego (17 June).Google Scholar
PORTILLO, Ernesto Jr. (1990) “Increased Arrests Indicate Rise in Illegal Immigration,” San Diego Union, 30 July, p. B2.Google Scholar
SCHOLZ, John T. (1984a) “Cooperation, Deterrence, and the Ecology of Regulatory Enforcement,” 18 Law & Society Review 179.Google Scholar
SCHOLZ, John T. (1984b) “Voluntary Compliance and Regulatory Enforcement,” 6 Law & Policy 385.Google Scholar
SCHWARTZ, Carl E. (1983) “Employer Sanctions Laws: The State Experience as Compared with Federal Proposals,” in Cornelius, W. A. and Montoya, R. A. (eds.), America's New Immigration Law: Origins, Rationales, and Potential Consequences. Monograph Series 11. La Jolla: Center for U.S.-Mexican Studies, University of California, San Diego.Google Scholar
SHAPIRO, Susan (1987) “Policing Trust,” in Shearing, C. D. and Stenning, P. C. (eds.), Private Policing. Beverly Hills, CA: Sage Publications.Google Scholar
SHAPIRO, Susan (1985) “The Road Not Taken: The Elusive Path to Criminal Prosecution for White Collar Offenders,” 19 Law & Society Review 179.Google Scholar
SHAPIRO, Susan (1984) Wayward Capitalists: Target of the Securities and Exchange Commission. New Haven, CT: Yale University Press.Google Scholar
SNIDER, Laureen (1990) “Cooperative Models and Corporate Crime: Panacea or Cop-out?” 36 Crime and Delinquency 373.Google Scholar
SNIDER, Laureen (1987) “Towards a Political Economy of Reform, Regulation and Corporate Crime,” 9 Law & Policy 37.Google Scholar
STONE, Christopher (1975) Where the Law Ends: The Social Control of Corporate Behavior. New York: Harper & Row.Google Scholar
SUTHERLAND, Edwin (1949) White Collar Crime. New York: Dryden.Google Scholar
SUTHERLAND, Edwin (1940) “White-Collar Criminality,” 5 American Sociological Review 1.Google Scholar
SWARTZ, Joel (1975) “Silent Killer at Work,” 3 Crime and Social Justice 15.Google Scholar
U.S. Congress (1985) Senate Judiciary Committee Report on S. 1200, Report 99-132, 99th Congress, 1st Session.Google Scholar
U.S. Congress (1983) The Immigration Reform and Control Act of 1983: Hearings Before the Subcommittee on Immigration, Refugees, and International Law of the House Committee on the Judiciary, 98th Congress, 1st Session.Google Scholar
U.S. Congress (1981) The Knowing Employment of Illegal Immigrants: Hearings Before the Subcommittee on Immigration and Refugee Policy of the Senate Committee on the Judiciary, 97th Congress, 1st Session.Google Scholar
U.S. Congress (1971) Illegal Aliens: Hearings Before the Subcommittee on Immigration, Refugees, and International Law of the House Committee on the Judiciary, 92d Congress, 1st Session.Google Scholar
U.S. Congress (1901) Reports of the Industrial Commission, House Document 184, 57th Congress, 1st Session.Google Scholar
U.S. GENERAL ACCOUNTING OFFICE (1990) “Immigration Reform: Employer Sanctions and the Question of Discrimination.” GAO/GGD-90-62. Washington, DC: Government Printing Office (March).Google Scholar
U.S. GENERAL ACCOUNTING OFFICE (1988) “Immigration Reform: Status of Implementing Employer Sanctions After Second Year.” GAO/GGD-89-16. Washington, DC: Government Printing Office (Nov.).Google Scholar
U.S. GENERAL ACCOUNTING OFFICE (1987) “Immigration Reform: Status of Implementing Employer Sanctions After One Year.” GAO/GGD-88-14. Washington, DC: Government Printing Office (Nov.).Google Scholar
U.S. GENERAL ACCOUNTING OFFICE (1985) “Illegal Aliens: Information on Selected Countries' Employment Prohibition Laws.” GAO/GGD-86-17BR. Washington, DC: Government Printing Office (Oct.).Google Scholar
U.S. GENERAL ACCOUNTING OFFICE (1982) “Information on the Enforcement of Laws Regarding Employment of Aliens in Selected Countries.” GAO/GGD-82-86. Washington, DC: Government Printing Office (31 Aug.).Google Scholar
U.S. IMMIGRATION AND NATURALIZATION SERVICE (1988a) “Employer Activity Report Through October 31, 1988.” Unpublished internal report.Google Scholar
U.S. IMMIGRATION AND NATURALIZATION SERVICE (1988b) “August 1988 Apprehension Update.” Unpublished internal report, U.S. Border Patrol.Google Scholar
U.S. IMMIGRATION AND NATURALIZATION SERVICE (1987a) Immigration Officer's Field Manual for Employer Sanctions. Washington, DC: Government Printing Office.Google Scholar
U.S. IMMIGRATION AND NATURALIZATION SERVICE (1987b) “Implementation of the Immigration Reform and Control Act: Final Rules,” 52 Federal Register, No. 84, 1 May.Google Scholar
U.S. SELECT COMMISSION ON IMMIGRATION AND REFUGEE POLICY (1981) “U.S. Immigration Policy and the National Interest,” The Final Report and Recommendations of the Select Commission on Immigration and Refugee Policy to the Congress and the President of the United States (1 March). Washington, DC: Government Printing Office.Google Scholar
WATKINS, John C. (1977) “White-Collar Crime, Legal Sanctions, and Social Control,” 23 Crime and Delinquency 290.Google Scholar
WHITT, J. Allen (1982) Urban Elites and Mass Transportation: The Dialectics of Power. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar

Statutes Cited

Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1101 (1986). Public Law 283, 66 Stat. 26 (1952) (“Texas Proviso”).Google Scholar