Everyday Law for Latino/As

by Bender,Steven W.

• ISBN13: 9781594513442
• ISBN10: 1594513449
• Format: Nonspecific Binding
• Copyright: 2009-01-30
• Publisher: Routledge

Summary

Now the most populous minority group in the United States, Latino/as increasingly need guidance on the everyday issues that affect their economic livelihood, their freedom, and their equal rights to dignity and opportunity. This comprehensive guide is organized around the three flashpoints that contribute to the unique legal treatment of Latino/as-immigration status, language regulation, and racial/ethnic discrimination. These points are examined in the venues of everyday life for Latino/as-from discrimination in housing to discrimination and language regulation in the workplace, to the lack of protection for immigrant labor, to classrooms where the bilingual education debate rages, to the voting booth and the criminal justice system where Latino/as confront racial profiling and language barriers.

Author Biography

Steven W. Bender, the James and Ilene Hershner Professor of Law at the University of Oregon School of Law Raquel Aldana is on the faculty at William S. Boyd School of Law at the University of Nevada-Las Vegas Gilbert Paul Carrasco, Professor at Willamette University College of Law, is a noted expert in civil rights law, immigration law, and constitutional law Joaquin G. Avila is a MacArthur Foundation Fellow and Assistant Professor at Seattle University School of Law

Table of Contents

Acknowledgments	p. x
Introduction	p. 1
Immigration	p. 1
Language	p. 2
Discrimination	p. 3
Broad Scope of Latino/a Population	p. 4
Sources of Law	p. 5
Overview of the Book	p. 5
Practical Guidance for Latino/as	p. 6
Employment Law	p. 7
Discrimination in Hiring and Employment	p. 7
Terms and Conditions of Employment	p. 14
Sexual Harassment	p. 18
Language Requirements in the Workplace	p. 21
Rights of Undocumented Workers	p. 26
Farm Worker Wages	p. 31
Appendix	p. 34
Discrimination in Housing	p. 37
Landlord Discrimination	p. 37
Habitability of Housing	p. 43
Landlord Obligations to Spanish-Speaking Tenants	p. 44
Discrimination in Lending	p. 46
Appendix	p. 49
Language Discrimination	p. 51
Official English and English-Only Laws	p. 52
Government Obligations to Spanish Speakers	p. 53
Spanish Language and Family Law	p. 56
English-Only Rules in Places of Entertainment	p. 57
Language Fraud in the Marketplace	p. 59
Appendix	p. 62
Hate Speech	p. 64
Hate Speech on the Job	p. 65
Hate Speech at Home and on the Street	p. 67
Derogatory Media Stereotypes of Latino/as	p. 71
Walkouts, Protests, and Boycotts: Legal Limits	p. 73
Appendix	p. 75
Education	p. 77
The No Child Left Behind Act	p. 77
Affirmative Action and Higher Education	p. 80
Race-Conscious Measures in K-12 Schools	p. 87
Rights of Undocumented Children	p. 89
Bilingual Education	p. 92
Appendix	p. 95
Voting Rights	p. 98
Barriers to Effective Political Participation	p. 98
Dilution of Latino/a Voting Strength	p. 100
Section 5 Preclearance	p. 105
Invisible Government Boards	p. 108
Appendix	p. 109
Criminal Justice System	p. 114
Racial Profiling	p. 114
The Right to Remain Silent	p. 122
Pretrial Language Rights	p. 130
Language Rights During a Criminal Trial	p. 134
Spanish Speakers on Criminal Juries	p. 138
Prisoners' Language Rights	p. 140
Immigration Crimes	p. 141
Immigration Consequences for the Commission of Crime	p. 145
Appendix	p. 152
Immigrants Choosing Lawyers and Filing Taxes	p. 157
Choosing Legal Representation	p. 157
Paying Taxes in the United States	p. 164
Appendix	p. 171
Documented Immigrants	p. 173
Government Benefits	p. 173
Citizenship	p. 178
Family Unification	p. 185
Removal: Reasons, Process, and Relief	p. 194
Appendix	p. 201
Undocumented Migrants	p. 205
Government Benefits	p. 205
Access to Higher Education	p. 209
Ordinary Living	p. 212
Legalization, Removal, and Relief from Removal	p. 215
Domestic Violence: Legalization of Victims and Removal	p. 229
Appendix	p. 239
Conclusion	p. 242
Index	p. 247
About the Authors	p. 253
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