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"Public debates about immigration and membership have intensified alongside developed economies' increasing reliance on temporary migrant workers. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary immigration programs necessitate the restriction of rights to residence, occupational and geographic mobility, and full social protections. This book examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, causing uncertainty and worsening working conditions. Taking the regulatory reforms of Australia as a key case-study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg asks where should differences lie between temporary and permanent residents, what further restrictions should apply to migrants who lack immigration authorisation, and where should the line be drawn between exploitation and legitimate employment. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness, rather than equality or vulnerability, is the most fruitful way to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy"--

This highly readable book provides a comprehensive analysis of immigration law in Australia and of the political, social and cultural forces that have shaped and are shaping it. It is a study of revolution and counter-revolution: of the impact that the courts and tribunals have had on law and policy through the review of migration decisions; and of the increasingly extreme steps taken by government to assert control over every aspect of its immigration program.

The Australian government has long treated migrant labour as a commodity, a 'tap' to be turned on and off in accordance with government or employer perceptions of the labour market. This article examines the Australian government's policies concerning migrant workers during COVID-19, against the backdrop of its failure to take any meaningful steps to address systemic migrant exploitation over the past decade. It then considers the devastating human consequences of these policies during the first pandemic lockdowns, based on empirical data from over 6,100 temporary migrants collected in mid-2020. The data demonstrate migrant workers' inability to pay for essential needs (including food and medical care); their lack of access to secure or emergency housing as well as emergency support in the form of cash or food; and their experiences of racism, discrimination, and social exclusion during the pandemic. We conclude that Australia's commodified approach to migrant workers and acquiescence to exploitation reflected a deeper disavowal of migrants' humanity and rights. This lens explains the apparent contradiction in which the government first denied or disregarded its legal and moral responsibilities towards them during the immediate crisis posed by the pandemic, while at the same time courting their labour in the context of skills shortages during and after the pandemic.