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12 Calif. L. Rev. Online 1 (2021-2022)

handle is hein.journals/callro12 and id is 1 raw text is: Homegrown Discrimination
Ryan H. Nelson*
Intro du ction  .......................................................................................... . .  1
I. Explicating  the  Problem .....................................................................  3
A. The History of Foreign Labor Contractor Bias .................... 4
B.   The Shortcomings of Extant Litigation................................ 6
II. Proposing  a  Solution ..........................................................................  12
C o n clu sion ........................................................................................... . .  16
INTRODUCTION
From 1942 until 1964, the Bracero Program allowed United States growers
to staff their farms with Mexican migrant workers.' Despite the facial neutrality
of the laws and agreements establishing the program, [b]raceros were almost all
young men.' 2 Today, the Bracero Program has been replaced by Section H-2A
of the Immigration and Nationality Act of 1952 (INA)3 as the governing
regime for temporary agricultural work in the United States,4 but migrant farmers
in America remain overwhelmingly young, non-disabled men.5 Why? Foreign
labor recruiters, acting as agents of United States growers, intentionally prefer
DOI: https://doi.org/10.15779/Z38DB7VQ9V.
Copyright © 2021 Ryan H. Nelson.
*  Ryan H. Nelson is a Research Associate at the Harvard Law School Project on Disability
and a member of the adjunct faculty at Boston University School of Law and New England Law
Boston. He received his LL.M. from Harvard Law School; his J.D., cum laude, from the Benjamin N.
Cardozo School of Law, Yeshiva University; and his B.S.B.A. from the University of Florida. He would
like to thank Jennifer J. Rosenbaum and Sabrineh Ardalan for inspiring this essay.
1. Bracero History Archive, About, http://braceroarchive.org/about (last visited Jan. 31, 2021).
2. David Bacon, 'Close to Slavery' or Legalization? The Farmworkers' Hard Choice, AM.
PROSPECT (Nov. 25, 2019), https://prospect.org/labor/close-to-slavery-legalization-undocumented-
farmworkers/.
3. 8 U.S.C.A. § 1101(a)(15)(H)(ii)(a) (West 2021); see also U.S. Dep't of Labor, Fact Sheet
#26:    Section  H-2A     of   the   Immigration    and    Nationality  Act   (INA),
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs26.pdf (last visited Jan. 31, 2021)
[hereinafter DOL H-2A Fact Sheet].
4. U.S. Citizenship &  Immigration Servs., H-2A  Temporary Agricultural Workers,
https://www.uscis.gov/working-united-states/temporary-workers/h-2a-temporary-agricultural-workers
(last visited Jan. 31, 2021).
5. Infra Subpart II.A.

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