Mandatory Arbitration in the H-2A Visa Program: Structural Constraints on Meaningful Consent

Fri, 09-25-2026

Author: Aurora Garcia

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This paper argues that mandatory arbitration agreements in the H-2A visa program result in a lack of meaningful consent for H-2A workers because their legal status, housing, and livelihoods in the United States depend on a single employer. This leads to underreported, potentially exploitative practices in the workplace and inadequate enforcement of labor protections. To address this, the paper proposes congressional reform to ensure that all workers, regardless of immigration status, can effectively exercise their rights, while still allowing for voluntary, post-dispute arbitration. 

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