Research Project Name: International employment discrimination towards immigrant detainees and justice impacted individuals 

Faculty mentor: Matthew Saleh 

Introduction:

Numerous countries have implemented laws and systems in place which limit job opportunities for immigrants, individuals with criminal records and former immigrant detainees. These laws can have a broad impact on regulated industries like finance and healthcare, as well as more specific industries such as law, accounting, and real estate. Additionally, some laws restrict access to business licenses or permits in a variety of sectors like agriculture, manufacturing, and services.

Previously ILR Faculty member Dr. Matthew Saleh, (Director of Research at ILR Criminal Justice and Employment Initiative and Senior Research associate of the ILR Yang-Tan Institute) and his team of researchers conducted comparative research that empirically investigates the number, content, and cross-national differences of laws restricting access to work for people with criminal convictions.  I propose to expand his research through exploring legislative barriers to employment for justice impacted people including immigrants,  immigrant detainees and those who experienced the immigration detention system in all 38 Organization for Economic Cooperation and Development (OECD) countries. In efforts to expand the previous project led by Dr.Saleh, the research project will go beyond the Organization for Economic Cooperation and Development (OECD) countries and include other analysis of non-OECD countries such as Indonesia. In the previous research conducted by Dr.Saleh’s team, findings illustrated there were diffusion and growth of restrictive collateral consequences to employment occurred during periods where incarceration rates were also growing across the OECD. The research hopes to learn more about the consequences to the increasing immigration population alongside increasing immigrant detainees rates. This research aims to demonstrate the findings that legislative and legal analysis examples vary substantially by country. 

Indonesia will serve as one of the additional non-OECD countries that this project will analyze since the country has failed to provide legal protection for migrant workers who committed crimes and result in limiting access to employment.  Another example of a country I aim to analyze that is not included in the list of OECD countries is Colombia. Colombia has a historical record of discriminating against Venezuelan Migrants and limiting their rights and access to proper employment. This research will also explore legislation within Western European countries which has shown a common trend across countries of restricting access to work and human services for both previously incarcerated individuals and immigrant detainees. Even locally in New York City, the government restricts undocumented immigrants from owning street vendors. The research project will also highlight the disparities within the immigration systems and how differences in immigration status within certain countries could lead to different outcomes in access opportunities. 

The Research Questions (RQs) that will structure this project:
RQ1: How does national legislation restricting access to employment vary for convicted individuals and immigrants with criminal convictions  in terms of number, scope, and content?

RQ2: How does national legislation restricting access to employment vary based on different immigration status in terms of number, scope, and content?

RQ3: What sectors and industries are subject to the most restrictions across OECD countries and non OECD countries?

RQ4: How does the criminal justice and immigration system work similarly in legal proceedings internationally? 

I aim to compile an expansion of findings of a quantitative and comparative dataset which will record national legislation restricting access to specific areas of work and services for the justice impacted in OECD countries and non OECD countries located regions such as Southeast Asia (ex:Indonesia) and Latin America (ex:Colombia). 

I will conduct a database search to screen laws for relevance. 

Proposed Methods:

To carry out a comprehensive analysis of national legislation/laws, the following steps can be taken: (1) performing a methodical screening and selection process to identify the relevant laws; (2) identifying and categorizing the different units of meaning within these laws; and (3), quantifying these units to uncover common themes and support qualitative analysis.

The research aims to compare legislation that contained explicit restrictions to work by analyzing (1) National legislation that was passed into effect from an OECD country and non-OECD countries and (2) Examining if the legislation contains mandatory and/or discretionary restrictions on access to work 

Key Objectives, Public Concern and Potential Impact: 

The objective is to expand the original research conducted by Dr.Saleh’s research team by analyzing the intersection between the criminal justice and immigration system through an international lens comparing the United States laws to other countries' laws. The impact of this project is to help inform lawmakers on considering public safety objectives, rehabilitative principles and restorative justice practices which support the re-entry for immigrants, former immigrant detainees and previously convicted individuals. With the findings of this research, I aim to present it at international conferences informing global stakeholders such as at the UN International Labor organization, where previously Dr.Saleh’s research team had presented their research. As an outcome, this project would address and conclude solutions to the existing restrictions in the labor market and other important human services which functionally close off access to large numbers of jobs for previously incarcerated and detained individuals. Furthermore this project plans to help highlight the experience of immigrants, current and formerly immigrant detainees and incarcerated individuals. This research would address an issue of public concern, as the rise in incarceration and detention has largely negatively impacted marginalized communities and populations globally. With the rise in international migration and refugee crisis and incarceration rates, this research would help explore the alternative solutions in supporting justice impacted individuals. 

Key Stakeholders and Partners: 

This research aims to gather information from the UN International Labor organization which has advocated for justice-impacted individuals and migrants to have opportunities in accessing the labor market through ethical practices. I aim to look into community based practices with organizations domestically and internationally that support the development of re-entry plans for incarcerated individuals and immigrant detainees. Lastly, this research will collaborate with and support the work of the ILR Criminal Justice and Employment institute as we continue discovering the inequalities between the intersection of the criminal justice system, immigration system and labor. 

NOTE: This research is set to be readjusted and the proposal solely serves a foundation