Legal but Deportable: Institutionalized Deportability and the Limits of Collective Bargaining among Participants in Canada’s Seasonal Agricultural Workers Program

Abstract

This article explores how model temporary migrant worker programs (TMWPs) that permit seasonal return can institutionalize deportability or the possibility of removal among participants with legal status. It draws on the cases of two groups of workers who participated in the British Columbia–Mexico Seasonal Agricultural Workers Program (SAWP) and who managed to unionize and secure collective agreements (CAs). The author argues that the design and operation of SAWP constrains workers’ capacity to see out fixed-term contracts and to realize the promise of seasonal return. These inherent constraints lead to a form of institutionalized deportability, even among participants covered by CAs crafted to mitigate the possibility of unjust termination and premature repatriation and to address workers’ precarious transnational situation. Focusing on how deportability operates, the article analyzes immigration and labor laws and policies, CAs, key informant interviews, and testimony before British Columbia’s labor relations tribunal along with the decisions of that tribunal.