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 CA Wrongful Convictions Project

WHAT'S NEW

Brown v. Board at 60

New article by Richard Rothstein on how and why we have been so disappointed, and what we have learned.

For article click here

Segregated Housing, Segregated Schools

New article by Richard Rothstein on how segregated housing policies further racial isolation in public schools.

For article click here

How to Level the Playing Field for Women in Science

New essay by Mary Ann Mason on how the ‘baby penalty’ in academe could be eased with four key reforms. Published in the Chronicle of Higher Education.

For Essay click here

Mt. Holly Amicus Brief filed in U.S. Supreme Court, Disparate Impact Relevant to Claims of Discrimination Under Fair Housing Act

The Warren Institute, in collaboration with the U.C. Berkeley Haas Institute for a Fair and Inclusive Society and with the Washington, D.C.-based Economic Policy Institute, has submitted an amicus brief to the U.S. Supreme Court, explaining why evidence of “disparate impact” should be considered relevant in deciding discrimination claims under the Fair Housing Act. The brief argues that entrenched patterns of residential segregation, established in considerable part by government policy, structure the housing opportunities of African Americans to the present time. In a case like the one being considered by the Court, a redevelopment project that displaces African Americans could violate the Fair Housing Act if provision is not made for the relocation of displaced residents into integrated middle class communities nearby.

A full list of amici appear at the end of the brief, including Christopher Edley, Jr., Faculty Director of the Warren Institute; john a. powell and Stephen Menendian, Director and Assistant Director, respectively, of the Haas Institute; and Richard Rothstein, Senior Fellow at the Warren Institute and Research Associate of the Economic Policy Institute.

Many distinguished scholars have joined the amicus group, including Elizabeth Anderson, John Brittain, Nancy Denton, James Kushner, Ira Katznelson, Myron Orfield, Jr., Gregory Squires, and others.

For amicus brief, click here.

For Public Schools, Segregation Then, Segregation Since, Education and the Unfinished March

By stressing racial integration as the most important instrument of education improvement, the 1963 March on Washington had it right. It is appropriate not only to commemorate this resolve, but to renew it. We have little hope of closing the achievement gap as long as low-income African American children are concentrated in racially isolated urban schools, located in racially isolated urban neighborhoods.

 

Click here for the report.

What the Fisher Decision Ignores: “Diversity” Should Not Replace Integration as Our Goal

New Commentary by Senior Fellow Richard Rothstein on the Supreme Court’s decision in Fisher v. University of Texas. 

To read the commentary, please click here.

Wrongfully Convicted Californians Lost More Than 1,300 Years Behind Bars

The new California Wrongful Convictions Project will identify wrongful convictions and quantify their economic impact on the state. Preliminary findings reveal more than 1,300 wasted prison years and a cost of over $129 million. For the press release, click here. For the fact sheet, click here. For more information or to input information about a case, click here.

 


 

NEW RESEARCH

 

 

 

 

[NEW BOOK CHAPTER] WHY CHILDREN FROM LOWER SOCIOECONOMIC CLASSES, ON AVERAGE, HAVE LOWER ACADEMIC ACHIEVEMENT THAN MIDDLE-CLASS CHILDREN

In Prudence L. Carter and Kevin G. Welner, eds., Closing the Opportunity Gap. What America Must Do to Give Every Child an Even Chance. Oxford University Press, 2013, Chapter 5.

Click here for the book.

EDUCATION LEADERSHIP, "WHY OUR SCHOOLS ARE SEGREGATED."

In this article in Educational Leadership, “Why Our Schools are Segregated,” Senior Fellow Richard Rothstein shows how continued racial segregation of schools places insurmountable barriers to student success, that this segregation cannot be addressed without desegregating neighborhoods, and why policies to undo residential racial isolation are hampered by our misunderstanding of how neighborhoods came to be segregated in the 20th century.

To download the article, click here.

[NEW BOOK] DO BABIES MATTER: GENDER AND FAMILY IN THE IVORY TOWER

Do Babies Matter is a pioneering, comprehensive examination of the effects of family over the career span of academics. It draws on over a decade of research, using such unprecedented data resources as the Survey of Doctorate Recipients and multiple surveys of faculty and graduate students at the ten-campus University of California system.

To dowload the introduction, click here.

To download the flyer, click here.

EDUCATION REFORM BILL PASS CA STATE ASSEMBLY

On May 29, 2013 the California State Assembly passed AB 570, on a bi-partisan 71-1 vote. AB 570 carries forward a key recommendation made by the Warren Institute on a joint report with Stanford titled RAISING THE BAR: BUILDING CAPACITY: DRIVING IMPROVEMENTS IN CALIFORNIA'S CONTINUATION HIGH SCHOOLS. AB 570 will ensure that all school districts across the state have a comprehensive set of publicly available identification, placement and intake policies for students into alternative "continuation" high schools. The measure strives to ensure that no specific group of pupils, including a group based on race, ethnicity, language status, or special needs, is disproportionately enrolled in continuation schools within a school district. The proposed law would also require districts to stipulate the support services they will provide to help all youth in alternative settings meet the requirements for graduation. 

Consideration by the California Senate is now pending.

 

 

FACT SHEET: POLICE, PRISONS, AND PUBLIC SAFETY IN CALIFORNIA

A growing body of research suggests that investing in police rather than expanding corrections is a more effective public safety strategy for California.  Yet statewide, the number of police officers has been steadily declining while the number of corrections staff has been increasing.  For a Fact Sheet on policing and prisons, click here.

AN EVALUATION OF THE JUVENILE DETENTION ALTERNATIVE INITIATIVE: JDAI SITES COMPARED TO HOME STATE TOTALS

 

 

 

 

 

The Juvenile Detention Alternatives Initiative (JDAI) is a long-term juvenile justice reform effort of the Annie E. Casey Foundation. This effort is based on the belief that detaining youth unnecessarily or for longer than necessary to accomplish the objectives of justice actually worsens outcomes for youth and puts them more at risk for future involvement with the justice system.Warren researchers evaluated the impact of the JDAI model by examining the use of detention in jurisdictions that applied the initiative's major principles. The most useful measure is Average Daily Population (ADP) in youth detention facilities. ADP in JDAI sites in comparison to the total for the state as a whole forms the primary lens through which to assess JDAI. In addition, the report looks at changes in the use of long-term commitment and youth arrest data. Overall, the JDAI sites show a decrease in the use of youth detention greater than that of the state as a whole.

 

 

 

To download the report, click here.

EXCLUSIONARY SCHOOL DISCIPLINE:AN ISSUE BRIEF AND REVIEW OF THE LITERATURE

Each academic year, millions of U.S. public school students are suspended or expelled from school.  Yet, research now demonstrates that when students are removed from school settings for disciplinary reasons, the odds increase dramatically that they will disengage from school, dropout, or become involved in the juvenile justice system.  These negative consequences disproportionally affect boys of color.   As awareness of these trends grows, educators are increasingly looking for alternative strategies to increase student discipline skills in order to support youth engagement in school and improve their health and academic outcomes.  In this brief, lawyer and Warren Institute research associate Danfeng Soto-Vigil Koon reviews data on the major trends in school discipline practices with a focus on out-of-school suspensions and expulsions. Her review then describes the most widely used alternatives to out-of-school (exclusionary) suspension and expulsion in California and assesses the relevant research to gauge the potential of each to improve school and student level outcomes.

To download the brief, click here.

 

 

FINAL REPORT AND POLICY PLATFORM FOR STATION ACTION (2012-2018) ASSEMBLY SELECT COMMITTEE ON THE STATUS OF BOYS AND MEN OF COLOR IN CALIFORNIA

The leadership of the California Assembly established the Assembly Select Committee on the Status of Boys and Men of Color (BMoC) in January 2011. The bi-partisan committee’s primary focus over the last year and half has been to seek advice to better understand what is needed to improve the outcomes for boys and men of color in California.

The Warren Institute provided research support to the Select Committee under a grant from The California Endowment. 

Click here to download the Full Report.

Click here to download the Executive Summary.


THE FEDERAL SECURE COMMUNITIES PROGRAM & YOUNG MEN OF COLOR IN CALIFORNIA

As the state with the largest foreign-born population, California has been on the front lines of many immigration issues and is currently facing a deepening crisis because of federal enforcement policies, specifically a program named Secure Communities.  Secure Communities is a program in which fingerprints of individuals detained by local police are collected at county jails and sent to the Department of Homeland Security (DHS) for an immigration check in addition to the usual criminal background checks with the FBI.

This program, active in all California jails, has snared hundreds of thousands of men of color, many of whom are eventually deported for relatively minor infractions, leaving behind children, spouses, parents and other close family members.  This data brief examines the special challenges faced by immigrant boys, young men, and their families caught in the crosshairs of U.S. immigration policy and politics.  It provides one of the first data-informed analyses of the impact of the Secure Communities program on men of color in California.  

To download this report, click here.

REAL JUSTICE: VICTIMS' RIGHTS DELIVERED (REPORT & RECOMMENDATION):

The Warren Institute partnered in convening a summit in Sacramento on May 14–15, 2012 addressing the state of crime victims’ rights and services statewide. The purpose of this unprecedented event was to bring together leaders, experts, and service providers from around the state in order to identify and confront a range of challenges in the field, including the implementation of Marsy’s Law. The Warren Institute’s Report and Recommendations capture the content and ideas presented through all keynote presentations and interactive breakout sessions. This publication aims to inform the future of victims’ policy and build the capacity of California in becoming a national role model for the delivery of criminal justice system-based victims’ rights and services.

To download this report, click here.

WHAT THE FORMER CHANCELLOR OF NEW YORK CITY SCHOOLS' SLEIGHT OF HAND TELLS US ABOUT EDUCATION REFORM

A new article by Richard Rothstein, “Sleight of Hand,” appears in the November-December issue of The American Prospect.  It describes how federal, state, and local housing policies, including the public housing program, were designed a half-century ago to segregate our major metropolitan areas, and how the residential patterns created by public policy at that time persist to this day.  The article does so by way of describing the childhood of Joel Klein, former New York City schools chancellor and now CEO of a Rupert Murdoch company selling technology and software to public schools. Klein has often used his life story to prove an educational theory—that poor quality teachers are the cause of disadvantaged children’s failures.  “Sleight of Hand” shows that, indeed, in no meaningful sense can Klein be said to have had a deprived background, comparable to that of children from the projects today. It shows that in no sense can Klein accurately attribute his success, not to an advantaged middle-class family, but only to his teachers.

To download this article, click here.

 

CALIFORNIA IN CONTEXT:  HOW DOES CALIFORNIA'S CRIMINAL JUSTICE SYSTEM COMPARE TO OTHER STATES?  

In this research brief, Sarah Lawrence examines how California compares to other states across a range of criminal justice measures.  The brief looks at population measures related to probation, jail, prison, and parole to help provide a better understanding of the criminal justice system in California.

To download this report, click here.

PUTTING CALIFORNIA'S PUBLIC SAFETY REALIGNMENT IN CONTEXT:
AN OVERVIEW OF FISCAL DECENTRALIZATION

This issue brief looks at the current public safety realignment in California through a different lens.  It steps back from the current realignment to look at the philosophical and historical underpinning of fiscal decentralization.  It examines the literature and past realignments in the state to highlight both the promises and pitfalls from this type of decentralization. 

To download this report, click here

EXPLORING THE ROLE OF THE POLICE IN PRISONER REENTRY

One thing is certain for nearly all prisoners who are in state and federal custody: they will come back. Traditionally, the police have played little part in facilitating the reentry of prisoners into the community.  A new paper by Jeremy Travis of John Jay College of Criminal Justice, Chief Ronald Davis of the East Palo Alto Police Department, and Sarah Lawrence of the Warren Institute argue that police, particularly urban police departments, have a major role to play in prisoner reentry, in part because of high recidivism rates among returning offenders and because of their concentration in some of the poorest, highest-crime neighborhoods.  Greater involvement of the police in prisoner reentry can promote public safety and increase police legitimacy, particularly in communities of color, through enhanced community policing efforts.  The topic is particularly relevant in California in the context of realignment.

The paper is part of the New Perspectives in Policing Series, which is supported by the National Institute of Justice.

To download report at National Institute of Justice, click here.

 

 

 

A COMPLEX AND COMPASSIONATE RESPONSE: THE ROLE OF VICTIM / WITNESS ASSISTANCE CENTERS IN RESPONDING TO VIOLENCE AGAINST WOMEN IN CALIFORNIA

This report provides the first-ever comprehensive look at California’s 59 Victim/Witness Assistance Centers (VWACs), providing government-based crisis and support services to victims of crime in every county and the City of Los Angeles.  Specifically it focuses on role of VWACs in responding to one of the most vulnerable population of crime victims - women victims of violence.  Among other findings, the report identifies a lack of adequate financial support to consistently deliver even minimal rights and services mandated by law.  The report was funded by the California Emergency Management Association (CAL EMA) and in partnership with the California District Attorneys’ Association (CDAA) and the California Crime Victims Assistance Association (CCVAA).

To download this report, click here.


RAISING THE BAR: BUILDING CAPACITY: DRIVING IMPROVEMENTS IN CALIFORNIA'S CONTINUATION HIGH SCHOOLS

This report summary findings and recommendations from a multi-year study of continuation high schools in California.  It is the second in series of reports from the on-going California Alternative Education Research Project, conducted jointly by the John W. Gardner Center at the Stanford University School of Education, and the Chief Justice Earl Warren Institute on Law and Social Policy at the University of California, Berkeley, School of Law. 

 

To download the executive summary, click here.

To download the report, click here.

 

 

THINKING CRITICALLY ABOUT REALIGNMENT IN CALIFORNIA

"A new report released by the Chief Justice Earl Warren Institute on Law and Social Policy gives journalists, advocates, community members and others the information they need to understand, ask the right questions, and reach their own conclusions about realignment. The report explains in plain language the changes made by realignment, highlights existing tension points, and sets out issues to watch for in the future."

To download the report, click here.

REPORT FINDS BIOMETRIC ID CARD COULD COST TAXPAYERS AT LEAST $40 BILLION

A new report, released by the Chief Justice Earl Warren Institute on Law & Social Policy at UC Berkeley School of Law, is a first-ever in-depth analysis of the costs of establishing a biometric employment identity card. Hard to BELIEVE: The High Cost of a Biometric Identity Card finds that a biometric ID card would not only have a price tag of over $40  billion in initial costs, but also $3 billion in ongoing annual expenditures.  The study finds that such a card would infringe on Americans’ civil liberties, and fail to stop the employment of undocumented immigrants. 

For media release, click here.

To download the report, click here.

SECURE COMMUNITIES BY THE NUMBERS: AN ANALYSIS OF DEMOGRAPHICS AND DUE PROCESS

A new report Secure Communities by the Numbers: An Analysis of Demographics and Due Process provides the first-ever analysis of federal data on people who are arrested and placed in deportation proceedings under the Secure Communities immigration enforcement program.  The majority of people arrested in a fast-growing federal immigration enforcement program are jailed without bond, without access to a lawyer, and without a court hearing, according to this research.  The report also finds that the Secure Communities program has led to thousands of wrongful arrests of U.S. citizens, while tens of thousands of families are split apart.

To download report, click here. To download media release, click here.

Note: The report available for downloading contains two minor revisions on pages 2 and 13 and supersedes the previous version.

 

 

The Berkeley Center for Criminal Justice (BCCJ) and the Center for Health, Economic & Family Security (CHEFS) have merged with the original Warren Institute on Race, Ethnicity, and Diversity to create an expanded Chief Justice Earl Warren Institute on Law and Social Policy. The criminal justice program and the programs in health, economic and family security will have much the same focus, but they will now be able to tap the broader expertise of the larger research unit. The consolidation of these think tanks will spur greater collaboration among scholars and policy experts as the law school continues to research urgent social and legal issues.

 

 

Press Release:  Berkeley Law Think Tanks Merge Into Research PowerHouse

 


 

 

 

 

NEW ISSUE BRIEFS:

In the Ivory Tower Men Only
For men, having children is a career advantage. For women, it's a career killer

In 2000, I greeted the first entering graduate-student class at Berkeley where the women outnumbered the men. I was the first female dean of the graduate division. As a '70s feminist I cautiously thought, “Is the revolution over? Have we won?” Hardly. That afternoon I looked around the room at my first dean’s meeting and all I saw were grey haired men. The next week at the first general faculty meeting of the semester I noted that women were still only about a quarter of the faculty, and most were junior.

To download brief by Mary Ann Mason, click here.

 

 

 

 

Do Babies Matter

To download the video by Mary Ann Mason, Click here.


HIV/AIDS Inequality: Structural Barriers to Prevention, Treatment, and Care in Communities of Color

Why We Need a Holistic Approach to Eliminate Racial Disparities in HIV / AIDS


For the first time in more than two decades the International AIDS Conference returns to the United States and this week more than 20,000 delegates from nearly 200 countries are in Washington D.C. discussing a wide array of HIV/AIDS related issues, including the troubling racial disparities of our domestic HIV epidemic, specifically:

  • African Americans, who make up only 14 percent of the U.S. population, make up 44 percent of the HIV-positive population.
  • Latinos face three times the HIV infection rates as whites.
  • Men who have sex with men represent 2 percent of the U.S. population but account for 61 percent of all new HIV infections.

To download brief by Russell Robinson and Aisha Moodie-Mills, click here

Hollywood's Race / Ethnicity and Gender-Based Casting: Prospects for a Title VII Lawsuit

Hollywood studios often specify a preferred race/ethnicity or gender for particular roles, preferences that are recorded in casting announcements, or “breakdowns.” Breakdowns overwhelmingly favor white male actors for leading roles, leaving only a small proportion of roles open to actors of color or to women. This brief explores the legality of discriminatory breakdowns, looking in particular at the gap between the broad promise of equal employment in Title VII of the Civil Rights Act of 1964 and the reality of continuing exclusionary treatment within the film industry. It examines the potential for lawsuits based on Title VII’s equal employment opportunity provisions and offers recommendations for viable alternatives.

To download brief by Russell Robinson, click here.

Not Quite A Breakthrough: The Oscars and Actors of Color, 2002-2012

The Oscar nominees this year include two black women who are favored to win: Viola Davis, nominated for Best Actress, and Octavia Spencer, nominated for Best Supporting Actress. Another actor of color, Demián Bichir, a Latino, was a surprise nominee for Best Actor. This scenario recalls 2002, when Halle Berry and Denzel Washington won Academy Awards for Best Actress and Best Actor in a year that also included Will Smith’s nomination for Best Actor and Sidney Poitier’s receipt of an honorary Oscar for lifetime achievement.

To download brief by Russel Robinson, click here.

A Comment on Bank of America/Countrywide's Discriminatory Mortgage Lending and Its Implications for Racial Segregation

Federal regulatory failure may bear responsibility for intensified racial segregation of metropolitan areas, a new commentary by Warren Institute Senior Fellow Richard Rothstein suggests.

On December 21, Bank of America settled (for $335 million) a U.S. government complaint that its Countrywide subsidiary had systematically discriminated against African American and Hispanic mortgage borrowers. Rothstein’s commentary argues that state and federal bank regulatory failure shares responsibility for discrimination practiced by this bank and others, and has contributed not only to racial segregation throughout the 20th century, but to contemporary declines in exposure of minority families and their children to the majority society and economy.

To download brief, click here.


Improving Juvenile Justice Policy in California:  A Closer Look at Transfer Laws' Impact on Young Men & Boys of Color 

Jennifer Lynn-Whaley and Andrea Russi at Berkeley Law's Chief Justice Earl Warren Institute on Law & Social Policy take a deeper look at juvenile transfer laws in California, exploring the circumstances under which they evolved, how they impact youth of color, and whether they indeed improve public safety and reduce recidivism.  This policy brief includes recommendations and examples of promising approaches. 

To download brief, click here.

 

Realignment: A Bold New Era in California Corrections

This policy brief provides Dr. Barry Krisberg’s observations on the realignment in the California criminal justice system.  Beginning on October 1, 2011, AB 109 requires that counties, rather than the state, will be responsible for newly convicted offenders who are deemed to be non-violent, non-serious and non-sex offenders.  Counties will also take over supervision of state parolees whose last offense was not violent or a sex offense, and low-risk parole violators.  The brief provides a brief overview of the reasons for realignment, its challenges, and key steps for making local plans a success.

To download this publication click here.

CalRealignment.org website



Cutting Off the Flow: Extraterritorial Controls to Prevent Migration

This new report highlights and explains the increasing use of offshore immigration barriers and checks to prevent the arrival of migrants and asylum-seekers into the EU and the United States. While much attention has been given to individual extraterritorial mechanisms, such as maritime interdiction, this brief considers a range of other mechanisms being used on both sides of the Atlantic, such as offshore detention, visa requirements and diplomatic agreements. As well as potentially preventing asylum-seekers from reaching safety, the author, Eleanor Taylor-Nicholson, argues that extraterritorial controls generally lack transparency and oversight mechanisms. The paper offers recommendations for review of extraterritorial control laws, policies and agreements to ensure that those who require protection receive it.

To download this publication click here.

Redistricting:


The list of briefs
 

  • Redistricting: Determining the Judicially Acceptable Use of Race in the Redistricting Process

    To what extent can line drawers, legislators, and grassroots organizers, consider race in the redistricting process? This paper will analyze the permissible use of race in the redistricting process.  In doing so, it will discuss recent Supreme Court cases and the necessity to comply with federal law, specifically in the Voting Rights Act. Statewide redistricting in California will be presented as an example.
  • Redistricting:  Influence Districts – A Note of Caution and a Better Measure

    When discussing how best to draw districts to protect minority voting strength, some commentators and courts suggest that minority voters would be better served by decreasing the number of majority-minority districts and increasing the number of minority influence districts. Unfortunately, “influence districts” have been loosely defined and have yet to be sufficiently empirically determined. This research brief examines past judicial definitions of “influence districts,” identifies their shortcomings, and posits a new empirically based standard that line drawers can use to identify presumptive influence districts.
  • Redistricting:  Coalition Districts and the Voting Rights Act

    How should redistricting line drawers deal with increasingly diverse populations, especially in situations where no single minority group is large enough to constitute a majority in a district? What information needs to be considered when deciding whether more than one minority group should be drawn together to form a majority of a district in compliance with the Voting Rights Act? This research brief will consider the legal and evidentiary issues at play when considering the drawing of minority coalition districts and present an analysis of inter-ethnic voting patterns in several recent California elections as an illustration.
  • Redistricting:  Estimating Citizen Voting Age Population
    When determining how to draw electoral districts in a way that complies with the Voting Rights Act, many jurisdictions will need to consider proportions of citizen voting age population (CVAP).   While the US Decennial Census captures basic demographic information about all individuals in the United States, it doesn’t inquire into citizenship status. As such, line drawing officials will need to estimate CVAP through other means. This research brief explains Census Bureau data sources, including the American Community Survey, which estimates CVAP, but has some limitations for redistricting use. The brief then explains a method to use ACS and Census data in conjunction to develop more accurate CVAP estimates that are better for redistricting uses than ACS estimates alone.

     

    Redistrictinggroup.org

    The Warren Institute is a partner in the Redistricting Group at Berkeley Law. The Redistricting Group was created to provide information, training and technical assistance for redistricting in California. The Redistricting Group's website provides information and educational materials geared toward interested members of the public. This includes topics such as redistricting requirements, California’s Citizens Redistricting Commission, and how individuals can provide information about their communities of interests and neighborhoods to line drawing officials.

    Redistrictinggroup.org website

     

    Getting the Genie Back in the Bottle: California’s Prison Gulag by Barry Krisberg

    The California prison population pushed past 172,000 in 2006, even though it rarely exceeded 30,000 during most of the 20th century.  In fact, as late as 1976, the inmate population was just above 20,000 (NCCD, 2008).  While there are several reasons for this phenomenal growth in the prison population, there is little doubt that changes in sentencing laws enacted by the Legislature or passed through voter initiatives fed the ever larger correctional leviathan.  Crime rates actually declined between 1991 and 2000; crime rates have remained low since the mid-1990s.

    Barry Krisberg, Getting the Genie Back in the Bottle: California’s Prison Gulag, in Hogajushinop, Fujimoto Tetsuya sensei koki kien ronbunshu, 5-31 (Chuodaigakuhogakukai 2011).

    To download this publication, click here.

     

    The Long and Winding Road: Juvenile Corrections Reform in California by Barry Krisberg

    This paper provides some general observations on the successes and challenges faced in implementing the reforms of the California Division of Juvenile Justice (formerly known as the California Youth Authority (CYA)).  This year California Governor Jerry Brown has proposed the complete closing of the DJJ with funding going to the localities to manage the remaining youthful offender population. California is on track to be the first U.S. state to close all of its state juvenile facilities.

    To download this report: click here.

    Free Movement and Equal Rights for Low-Wage Workers? What the United States Can Learn From the New EU Migration to Britain by Jennifer Gordon.

    The United States fills the lowest-wage ranks of its labor market with immigrants.  Even in the wake of a global recession, once thought likely to result in a high level of return migration, a staggering 7.8 million undocumented workers remain in the labor force.  Over 200,000 low-wage guest workers labor on farms and in short-term jobs, tied by law to the employer that sponsored them. Advocates and scholars have long maintained that the way low-wage labor migration to the United States is structured encourages abuse.  Both immigrants and resident workers would be better off, the argument goes, if migrants had greater mobility and full and enforceable workplace rights. Author Jennifer Gordon examines this claim in light of Britain's experience with an influx of workers from Eastern Europe under new EU rules and offers insights for lessons for the United States.

    To download the report, click here.