Asian Law Journal Symposium on Labor and Immigration

Hina B. Shah
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Abstract

I'm going to address the role of attorneys as organizers. Usually when you think about attorneys, you don't think about attorneys' roles as organizers or as part of the broader struggle of the community. Where I work, at the Asian Law Caucus, the two worlds really do meet: we try to fuse our litigation with being active outside the litigation to empower and organize immigrant workers. I'm going to talk about the framework we use at the Asian Law Caucus and how I specifically use it in the employment and labor project to empower immigrant workers. There are basically four steps to empowerment in organizing immigrant workers. These are empowerment through education, through community organizing, through litigation, and through coalition building. All of these steps are intertwined; they are not separate things and you can't think about them productively in separate contexts. You do want them to depend on each other. We try to do all of them together and that's a hard task, but a productive one. Whenever you're going after an employer and advocating for immigrant workers, you try to use a multi-pronged approach. Lora Foo talked about it this morning: you've got to attack a problem from all sides instead of using the narrow focus that law school teaches you to think about, which stresses only litigation and legal solutions. At the Asian Law Caucus we really try to find a broad-based solution. But without thinking outside of that litigation/lawyer box, we are not really going to be able to empower or organize workers. In empowering immigrant workers, education is one of the most basic needs we address. We strive to provide education on their legal rights, education on what they can do to advocate for themselves and for their fellow workers. Most immigrant workers come from countries that have poor labor laws. They come from countries where government agencies are not friends of the workers or friends of the poor. They are often accustomed to dealing with corruption. A lot of immigrant workers are afraid
亚洲法律杂志劳工与移民研讨会
我要讲一下律师作为组织者的角色。通常当你想到律师时,你不会想到律师作为组织者或作为更广泛的社区斗争的一部分的角色。在我工作的地方,在亚洲法律核心小组,这两个世界确实相遇了:我们试图将我们的诉讼与诉讼之外的积极活动结合起来,赋予和组织移民工人权力。我将谈谈我们在亚洲法律核心小组中使用的框架以及我如何在就业和劳工项目中具体使用它来赋予移民工人权力。在组织移民工人方面,基本上有四个步骤来赋予权力。这些是通过教育、社区组织、诉讼和建立联盟来赋予权力。所有这些步骤都是相互交织的;它们不是分开的东西,你不能在分开的环境中高效地思考它们。你确实希望它们相互依赖。我们试着一起做所有的事情,这是一项艰巨的任务,但也是一项富有成效的任务。每当你去找雇主,为移民工人争取权益时,你就会尝试多管齐下。劳拉·富今天早上谈到了这个问题:你必须从各个方面来解决问题,而不是使用法学院教你思考的狭隘焦点,只强调诉讼和法律解决方案。在亚洲法律核心小组,我们真的试图找到一个广泛的解决方案。但是,如果不跳出诉讼/律师的框框,我们就无法真正赋予工人权力或组织工人。在赋予移民工人权力方面,教育是我们要解决的最基本需求之一。我们努力为他们提供有关法律权利的教育,教育他们如何为自己和同事辩护。大多数移民工人来自劳动法不完善的国家。他们来自政府机构与工人或穷人不友好的国家。他们经常习惯于处理腐败问题。很多移民工人都很害怕
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