No Borders and Binaries

From a political economy perspective which has so far been sadly marginalized in immigration debates, the Corporation is a truly ‘illegal alien,’ migrating across borders with little regard to the “rule of law.” They suck the labor and environmental resources of a “Third World” country, creating more burdens for government and taxpayers, committing crimes against humanity by evading child labor laws and sexually harassing female workers. Their actions, along with those committed by the United State in the interest of big businesses like Haliburton, Blackwater, Lockheed-Martin and the likes, have created dire-enough situations in countries for people to pack up and migrate North in hopes of a better life.

Why aren’t the anti-migrant crowds up in arms about big businesses getting away with exploiting cheap labor sources here and abroad? Why is it that individuals but shoulder the burden of government inaction on immigration but big business with the same rights as individuals, cannot be sanctioned under the law?

From A Dream Deferred:

Once again, the actions of a federal district judge give credence to the belief that businesses and corporations are the ruling class of this country and above the law.

A U.S. District Court delayed the enforcement of parts of Oklahoma House Bill 1804 which passed in 2007 because it unfairly sanctions busnisses that do not comply with the law.

To clarify: Migrant workers who escape dire conditions in their countries–conditions that are created by the increasing proliferation of neo-liberal policies–and come here to find work (albeit, illegally) are criminalized, punished, put in detention centers, left to await death or deportation.

But businesses that encourage the incoming flight of these workers for the purposes of cheap labor and less stringent workplace regulations–profit-making tactics that are illegal (we may also call it the glocalization of indentured servitude), cannot be criminalized and sanctioned because it transfers the burden of the government onto businesses?

This is neither a victory for undocumented workers and their allies nor the constitution. It is a victory for scandalous businesses who reap the rewards of employing undocumented workers, exploiting them while driving down wages and weakening labor regulations.

Are we taking the ‘corporation is a person’ and has a right to sue and seek damages under the 14th amendment a bit too far? We are not talking about small-time businesses here but corporations like Agriprocessors, McDonalds, Taco Bell and other food, retail and hotel chains that hire undocumented workers. If indeed, a corporation is a person with the same inalienable rights guaranteed to all persons regardless of citizenship under the 14th amendment, it must be held to the responsibilities that come with those rights.

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