Laying Low: Fear and Injustice for Latino Migrants to Smalltown, USA

Abstract

Latinos migrate to Smalltown (pseudonym), USA in search of the American Dream. Instead, they face an oppressive situation in which they struggle to make ends meet. This paper presents focused findings from an ethnographic study with a migrant Latino community in North Carolina. Analyses of participant observations and semi-structured interviews revealed that migrants to Smalltown experience fear, discrimination, and exploitation due to government policies and anti-immigrant sentiment. Section 287(g) and the REAL ID Act cause migrants to face the possibility of detention and deportation when driving. Mistrust in government institutions and law enforcement precipitate a climate of fear that prevents migrants from accessing services or seeking help. The persistent threat of deportation causes migrants to withdraw from meaningful occupations and to alter their engagement in required occupations. Feelings of hopelessness discourage self-advocacy and encourage exploitation by employers. Migrants lay low and stay out of sight and thereby experience occupational deprivation and imbalance. The paper suggests that occupational scientists should engage political arenas to highlight the unanticipated effects of government policies on occupational participation. The paper provides a critique of occupational justice concepts and presents a rationale for applying an occupational perspective to analyze the socio-political implications of public policy.

Keywords:

• Policy
• Justice
• Migration
• Occupational deprivation
• Occupational imbalance

North Carolina is a major hub for Latino migration and has the highest number of agricultural guest workers in the United States (Gill, 2012). The Latino population in North Carolina grew 111% between 2000 and 2010 (US Census Bureau, 2011). The dramatic influx of Latino immigrants has changed North Carolina's social, cultural and political landscapes. Social agencies and healthcare services are faced with surging numbers of Latino patrons, many of whom who do not speak fluent English. Latinos' assimilation to US culture is complex and poorly understood (Lara, Gamboa, Kahramanian, Morales, & Bautista, 2005). Studies show increasing incidence of health problems with length of stay in the US (Landale, Oropesa, Llanes, & Gorman, 1999), including worse health outcomes for second generation immigrants compared to the first generation (Viruell-Fuentes, 2007). Although the stresses associated with immigration have been well-documented (Kim, Aguado Loi, Chiriboga, Jang, Parmelee, & Allen, 2011), there remains an insufficient understanding of the causal mechanisms leading to poor health outcomes. In particular, there is a gap in the literature exploring the lived experience of Latino immigrants in North Carolina, including the impact on participation in occupation. In occupational science, research on population migration has garnered considerable interest. However, to date, no attention has been given to the specific situation of Latino immigrants in North Carolina.

The purpose of this paper is to present focused findings from a 12 month ethnographic study with a Latino community in North Carolina (Bailliard, 2011). The project objective was to explore the transformations of Latino immigrants' participation in occupation in Smalltown (pseudonym), North Carolina. Findings evoked two themes: 1) the impact of public policy on the occupations of undocumented migrants and 2) the transformation of sensory experiences during occupation. This paper presents findings from the first theme while the second is addressed in Bailliard (2013).

Findings are discussed in light of Stadnyk, Townsend, and Wilcock's (2010) conceptualizations of occupational deprivation and occupational imbalance. Occupational injustices are “socially structured, socially formed conditions that give rise to stressful occupational experiences” (p. 338). Occupational imbalance occurs when individuals are subjected to conditions that lead them to be over-occupied or under-occupied, while occupational deprivation results when external factors prevent participation in occupations that are meaningful (Stadnyk et al., 2010). Although personal factors such as illness or disability can contribute to the emergence of occupational injustice, this paper focuses on the role of public policy and social discrimination. The following section provides a brief overview of the emergence of anti-immigrant US policies including how their concurrent enforcement gives local law enforcement officials oppressive powers to commit occupational injustices. For the purposes of this paper, the subsequent exposition of immigration policy is delimited to events in the early 21^st century, which constituted a period of dramatic change.

The Genesis of a War on Immigration

After winning the election in 2000, President George W. Bush entered negotiations with Mexican President Vincente Fox to create a larger temporary worker program in the US. At the time, President Bush recognized the importance of the Latino community as an integral cog in the US economy and as a growing population of swing voters (Rosenblum, 2011). US-Mexican relations had never been better; the two presidents met 5 times in 2001 and formally endorsed a framework agreement on September 6^th (Rosenblum, 2011). The promise of immigration reform collapsed in the wake of the terrorist attacks on September 11^th 2001 and the political situation for immigrants in the US shifted radically. In an unprecedented response, President Bush's administration drafted the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) which targeted terrorists and imposed stringent restrictions on immigration (Griggs & Schaeffer, 2009). Soon thereafter, President Bush overtly linked immigration to terrorism with the Homeland Security Presidential Directive 2 (HSPD 2), titled “SUBJECT: Combating Terrorism through Immigration Policies” (Griggs & Schaeffer, 2009). In subsequent years, the government's political rhetoric increasingly conflated immigration with terrorism such that the War on Terror became synonymous with the War on Immigration (Griggs & Schaeffer, 2009; Siskin, Bruno, Nunez-Neto, Seghetti, & Wasem, 2007).

To bolster enforcement, the Bush administration harnessed Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which allows local law enforcement to deputize their officers with the federal powers of immigration agents (Idilbi, 2008). The program was passed in 1996 and was relatively unused until after 9/11, when the Attorney General encouraged states to adopt the agreements to enhance counterterrorism efforts. Although the program was designed to target and deport violent crime offenders, many agencies employ it to target petty and civil crimes (Griggs & Schaeffer, 2009; Idilbi, 2008). In 2005, the REAL ID Act expanded the authority of local police by requiring states to verify the legal status of applicants before issuing driver's licenses (Siskin et al., 2007). Previously, individuals could obtain a license using a taxpayer number regardless of migratory status. The REAL ID Act, coupled with Section 287(g), provided local law enforcement with the legal basis to check immigration status through license checks and detain individuals without proof of legal residence. Suddenly migrants risked arrest and deportation for committing minor traffic violations (e.g. driving with a broken taillight) that are typically punished by citation (Idilbi, 2008). Nguyen and Gill (2010) found that 86.7% of individuals processed through the program in North Carolina were charged with misdemeanors, primarily minor driving infractions. For Latinos living in Smalltown, the compounded effect of Section 287(g) and the REAL ID Act creates a situation of occupational injustice (Bailliard, 2011). The following exposition illustrates how the enforcement of government policies in Smalltown lead to experiences of occupational injustice.

Methods

Study procedures were approved by the University of North Carolina at Chapel Hill Institutional Review Board. Data were de-identified and all names of persons and places are pseudonyms. Measures of confidentiality were important to protect the identity of undocumented immigrants who are subject to detention and deportation. The research question was: how does immigration and adaptation to life in Smalltown, NC affect Latino immigrants' participation in occupation?

Research setting and participants

To avoid deductive disclosure of participants, details describing the research setting have been omitted. Data were collected by the author in a small North Carolinian town with a large migrant Latino population. Recruitment occurred through key informants at a local Hispanic church and IRB-approved flyers posted at Latino owned businesses. Interviewees were healthy adult Latino migrants from Latin America. Participant demographics are displayed in Table 1. Nine participants migrated without legal documentation. Three of them successfully obtained US citizenship. The remaining 10 participants were documented and engaged in consistent work with undocumented immigrants (e.g. social services, substance abuse counselor, clergy, Latino newspaper editor). Their reflections and experiences informed the focused findings of this paper.

Table 1: Participant Demographics (n =19)

Demographic Characteristic	Participants
Gender	9 Male, 10 Female
Age range	Early 20s - Late 50s
Total years in the US	2 – 40+
Country of origin	Republic of Colombia	3
	Costa Rica	1
	El Salvador	2
	Honduras	1
	Mexico	8
	Puerto Rico	2
	USA	2
Highest educational level attained	No High School	4
	High School Degree	7
	2-year Associate's Degree	2
	Bachelor's Degree	2
	Masters Degree	4
Documentation	US Born	4 (2 Puerto Rican)
	Naturalized	6 (3 Undocumented Entry)
	Visa	3
	Undocumented	6
Vocation	Clerical, Construction Worker, Healthcare Professional, Housewife, Human Services, Interpreter, Mechanic, Newspaper Editor, Priest, Shop Keeper, Unemployed

Design

Measures consisted of semi-structured interviews, document reviews, field notes and participant observations at church events, markets, fund raisers, social services and Latino-owned businesses. Procedures were grounded in the transactional perspective of occupation (Dickie, Cutchin, & Humphry, 2006). Transactionalism emphasizes the interdependence of humans, occupations, and environment. Occupation is the vehicle through which humans functionally coordinate transactions with the environment (Dickie et al., 2006). The principles of transactionalism encourage the use of research methods, such as ethnography, that consider the complexity and wholeness of study situations. The synergy of the transactional perspective and ethnographic methods promotes careful consideration of the multiplicity and interdependence of influential factors in a study situation (Bailliard, Aldrich, & Dickie, 2013).

This ethnography employed participant observations, semi-structured interviews, and document reviews with an emergent design to accommodate for serendipitous discoveries or new avenues of inquiry. Interview guides focused on changes in habits and routines as a result of migration; however interviewees were empowered to direct the flow of conversation on their terms. Interviews were digitally recorded and transcribed in English and Spanish. Field notes detailed participant observations, document reviews, and study interactions occurring before and after interviews.

Analysis

Interviews were not translated prior to analysis to prevent the loss of idiomatic meanings and cultural expressions. Spanish quotations are presented in their original form and followed by an English translation for the reader's convenience. Data were coded into thematic families using Atlas.ti software (Muhr, 2011). Findings were discussed with study participants and consultants to ensure they were a fair representation of the Smalltown experience. Participant feedback corroborated findings and provided additional data underscoring themes.

Findings

This paper presents findings concerning the occupational injustices suffered by undocumented Smalltown migrants, under the broad theme of “the impact of public policy on the occupations of undocumented migrants”. Study participants reported experiences of fear, discrimination, and oppression during meaningful occupations. Several interviewees reported that similar experiences were ubiquitous in the Smalltown Latino community. Perhaps the most significant impact of Section 287(g) and the REAL ID Act was to instill a fear of driving and of occupational participation beyond the home.

Loss of opportunity, livelihood, and identity

Driving is a necessary occupation in Smalltown. The absence of public transportation and the town's geographic layout renders walking to locations impractical and difficult. In Latin America, participants were accustomed to easy access to work sites and shops providing essential goods. These are often within walking distance or accessible via abundant and affordable public transportation. Participants were accustomed to walking and consider automobiles a luxury. Upon migration to Smalltown, driving becomes an essential means for participation in everyday occupations. Prior to 2005, undocumented immigrants enjoyed the right to obtain a license to fulfill everyday needs. The REAL ID Act ended this freedom and left many Smalltown immigrants dependent on their social network for transportation. To some, such as Izio, the loss of licensure entailed a loss of gainful employment. As a driver for a Smalltown contractor, Izio continued to work until the day his license expired. His inability to obtain documentation and renew his license cost him his livelihood. Izio recalled feeling desperation as his birthday approached. That year, he explained, was “un gran golpe [a big blow]” when, concurrently, he became older, forfeited his license, and lost his job. Izio's situation was further exacerbated when the US economy plunged into recession and employment opportunities evaporated.

Beyond serving as a concrete barrier to gainful employment and legal driving, the REAL ID Act was also experienced as a symbolic attack on participants' identities. In the US, a state-issued driver's license is the primary document for formal identification. It is used to engage in a variety of occupations, from obtaining a library card to accessing social and bank services. In many ways, a driver's license is necessary for meaningful participation in US society as an adult. In Smalltown, the REAL ID Act stripped participants of their identification and impeded their participation in meaningful occupations. Esquandolas, for instance, recalled his wife's devastation upon learning they would lose their licenses: “that was a huge stress for her. She was depressed for 2 weeks. She said, ‘I feel like nobody now.’” Her license was an official document that represented the government's acknowledgment of her existence and freedom to act. Its revocation through policy indicated that the government did not recognize her as legitimate. Esquandolas' wife perceived this as an attack on her identity and her well-being.

Previously, the penalty for driving without a license was a Class 2 misdemeanor, typically resulting in a fine. When North Carolinian counties entered Section 287(g) agreements with the federal government in 2006, the penalty escalated to a potential felony offense risking detention and deportation. Driving became such a risky endeavor that many Smalltown migrants refrain from driving as much as possible. Since driving is an essential means for participation in occupation and society in Smalltown, many migrants suffer from isolation and fewer opportunities for occupation. Izio explained:

Son muchas puertas que se cierran sin la licencia. Ahora, uno hay que retirarse de las actividades que uno tiene: de los amigos … le limita todo, la iglesia, la vida, fiestas … [There are many doors that close without a license. Now, one has to withdraw from the activities one has: from friends … it limits everything, church, life, celebrations …]

Nevertheless, driving is necessary to work and obtain essential goods. Despite the ongoing threat of detention, deportation, and separation from family, individuals continue to brave the roads as needed. Izio was reluctant to withdraw from leisure occupations, but doing so minimized his daily experience of fear. He could not, however, cease chauffeuring his sister to the hospital three times a week for her dialysis treatment. This obligatory errand was accompanied by anxiety and a heightened state of alertness.

When necessity forces undocumented immigrants to the roads, the fear of detention has a significant effect on the occupation of driving itself. Study participants drive cautiously to avoid the attention of law enforcement. Smalltown migrants avoid roads patrolled by police and drive circuitous routes to their destinations in constant vigilance while family members anxiously await their return. To Esquandolas, the fear of driving precipitates feelings of imprisonment: “now you gotta be stuck at home! Or you only take a chance if it's an emergency. If you want to drive, it better be real real urgent where you gotta go soon! If not, you gotta stay home.” To venture out is so stressful that his wife “prays every time she gets in that car.” However, prayers, mindful driving, and circuitous routes are insufficient in abating the persistent threat of retenes [roadblocks].

Los retenes: A barrier to occupational participation, family, and cultural identity

Roadblocks are a common tactic employed by Smalltown police. These routine stops entail license checks which, under the auspices of Section 287(g) and the REAL ID Act, allow police to check immigration status. According to community members, the Smalltown police force is notorious for positioning roadblocks in and around Latino neighborhoods. For study participants, there is no doubt that retenes deliberately target Latinos. To maximize the number of drivers that are checked and eliminate opportunities for escape, the police situate retenes on curvy roads. Study participants are constantly distressed by the possibility of having their license, thus immigration status, checked at roadblocks. As a result, every outing begins with careful consideration over which route minimizes the threat of an encounter with law enforcement.

Miguel is so terrified of retenes that he chooses to drive solely on large highways with double yellow lines. According to Miguel, larger highways are more difficult for police to block and thus safer to navigate. However, he admitted, this does not absolve him from fear due to the infamous retén [roadblock] on the highway in front of the Smalltown Wal-Mart. The event underscored the perception that police target Latinos, since Wal-Mart is a popular destination within the community in Smalltown. Participants recalled a heightened sense of vulnerability following the Wal-Mart retén for it suggested that roadblocks could appear anywhere: “you gotta be careful and be always on the lookout for any cops” (Miguel). To Ignacio, retenes are a substantial threat and a significant deterrent for participation in occupations beyond his home.

Mejor estarse en casa. O si va salir uno ir de compras; compra todo lo que sea necesario. A veces es mejor quedarse en casa por no tener problemas. Por no ser detenido. O si se sale uno tiene que rodearlo bastante por donde ver que no hay esto retén. Si hay muchos, muchos de nosotros que esperando pidiendo a Dios que no hay ningún retén por las avenidas … es un temor a ver un retén. [It's better to stay in the house. Or if one is to go shopping; buy everything that is necessary. Sometimes it's better to stay at home to avoid problems. To not be detained. Or if one goes out, you must go around enough to see if there is a roadblock. There are many, many of us who are hoping asking God that there not be a roadblock in the streets … it's scary to see a roadblock.]

By discouraging travel, roadblocks also transform the performance of occupations such as grocery shopping and cooking. To decrease the frequency of travel, Ignacio and other study participants reluctantly shift their shopping habits to purchase as many food items as possible at one time. That practice is contrary to their occupational histories and cultural preferences of purchasing fresh produce. Durable foods reduce the need for travel but also cause migrants to change their cooking habits to accommodate canned or boxed ingredients. Therefore, cooking traditional cultural dishes as they were cooked in Latin America is difficult and frequently results in dissatisfying tastes and textures. Most participants referred to traditional cooking as a primary means to connect with their cultural identities and to acculturate their children. Consequently, retenes indirectly challenge participants' ability to experience continuity in their families' cultural identity by preventing the preparation of traditional dishes.

The importance of family, or el familismo [familism], is an integral component of traditional Latin American culture (Atkinson, 2004). This typical cultural script is also challenged by the emergence of retenes in Smalltown. Driving to work is necessary to maintain a steady source of income to provide for one's family. To avoid the perils of a commute, some migrants move away from their families to live closer to work. In many cases, work sites are at a reasonable commuting distance for US citizens, but they are unacceptably far for migrants who risk detention and deportation during every trip. Such living arrangements restrict opportunities for meaningful family occupations. The absence of regular family-based occupations hinders Smalltown migrants' expression of familismo and, by association, challenges traditional familial roles and cultural identities.

Tales of abuse: “Everybody's afraid. They have lost their trust” (Rico)

The confluence of Section 287(g) and the REAL ID Act creates an atmosphere of fear wherein migrants are reluctant to engage in occupations with individuals outside the migrant community. Fear was especially palpable during interviews when participants questioned why they had been identified for an interview. For instance, Esquandolas agreed to meet for an interview because a close acquaintance had referred him. Despite this trusted connection, his wife pleaded with him to refuse the interview. Throughout our conversation, she repeatedly called him to ensure that he had not been detained by immigration officials. Esquandolas mocked her reaction and trivialized her fear, however he soon echoed similar anxieties.

My worst fear is at work, one of these days, INS¹is going to bust up in there and lock me up. What will my family do? That's part of the so called American dream. You always gotta be worried about something. And that's my biggest fear that one day I'll be separated from my family.

Esquandolas' occupations are framed by a context of incessant fear. His anxieties are exacerbated by tales of sudden deportation which circulate throughout the local community and highlight the abusive tactics of Immigration and Customs Enforcement (ICE) officials.

For instance, there is the publicized tale of a local pregnant migrant who was arrested and detained for driving without a license (Griggs & Schaeffer, 2009). During her detention, she went into labor and was sent to the hospital. Under the supervision of local police, empowered as immigration officials under Section 287(g), she was shackled throughout labor and her subsequent shower. She was not allowed to contact her husband, stripped of her baby at birth, and denied medical equipment that was recommended by hospital staff. ICE agents are reputed to have violated detainees' human rights through exposure to unsanitary conditions, overcrowding and the denial of basic needs (e.g. water, nutrition, bathroom use, and healthcare). Children have been left home alone for extended periods while their parents were indefinitely and unlawfully detained. ICE also maximizes fear by transporting shackled detainees to faraway detention centers without disclosing their whereabouts to their families (Griggs & Schaeffer, 2009).

The impact of those stories is galvanized by personal anecdotes such as Esquandolas' experience with a home robbery. He and his brother were once held at gun point while criminals stole their few possessions. As the robbers fled in a car, Esquandolas called the police for assistance. He was dismayed when no one arrived to investigate the robbery or ensure their safety. Frustrated, disgusted and with no apparent recourse, they chose to move on with their daily routine. Soon thereafter, while on an errand, they noticed the police had stopped their robbers' vehicle. Seeking justice, they approached the police officer to explain their situation and confirm the robbers' identity. In disbelief, they were detained and taken to the police station for questioning. Although Esquandolas had called 911 to report the robbery, the culprits denied wrongdoing and accused him of attempting to purchase illicit drugs. Esquandolas was appalled by the accusation and invited the detectives to search his house for contraband. The detectives declined and the culprits, who were on probation for pervious delinquencies, were released before Esquandolas.

That was the worst disappointment of the American justice system. For now on, I will never trust the law no more. Because we were the victims and the way they treated us, it was like we were doing the crime. And they let them go before us! After that, they said we'll investigate and you'll hear from us. It's been over 10 years and I've never even got a phone call about it. They just dismissed it. Way to go … American justice.

Events such as Esquandolas' story are reportedly common in Smalltown and contribute to a problematic trend wherein Latinos, regardless of their documentation, are increasingly hesitant to report crimes (Idilbi, 2008; Nguyen & Gill, 2010).

Migrants' trepidation towards ICE officials and police officers incites distrust in any US institution. Consequently, migrants to Smalltown are discouraged from using social, healthcare, and emergency services. They are reluctant to access any service that requires the provision of personal information. According to Rico, a substance abuse counselor, this presents an unacceptable barrier for migrants needing help. “Everybody's afraid” he claimed, “they have lost their trust.” Rico argued that migrants defer seeking assistance from Smalltown services until their situation becomes insurmountable. In substance abuse treatment, he explained, delays complicate recovery because clients are more likely to experience irreversible damage to their health and social networks. Deferring assistance places migrants at greater risk of permanent damage to their health and well-being.

Smalltown migrants also suffer from discrimination at the Department of Social Services. Teresa, an employee at Smalltown's Social Services, has witnessed overt discrimination towards Latino patrons. In her experience, clients with little English fluency are not properly advised regarding possible services that are available. She observed instances when individuals were declined services even though they qualified for certain forms of emergency aid, and their limited English fluency and inexperience with social service systems means many migrants are unable to critique the misinformation of their counselors.

Todas esas oficinas discriminan la gente 1) porque no saben la ley 2) porque no saben el idioma y 3) porque no saben todas las reglas … no conocen el sistema. [All these offices discriminate people 1) because they don't know the law 2) because they don't know the language and 3) because they don't know all the rules … they don't know the system]

According to Sandra, another employee in Smalltown's Department of Social Services:

The main problem is that probably half the community here is not legal so they're gonna be scared to speak up. They're not gonna say anything because they're afraid they'll get arrested and then deported. So whenever anybody hurts them, anybody says something, they'll just shut up and let it go.

Laying low: Helplessness and submission

“Hay muchísimo dolor en la gente, hay muchísima soledad, impotencia, de no poder hacer nada, [There is much pain in the people, much solitude, impotence, of not being able to do anything]” (Carmina). Feeling helpless and powerless, Smalltown migrants are compelled to submit and endure their situations. Their inability to contest injustice causes perpetual subjugation that is the backdrop to daily occupations. According to Rico, some migrants shop at night to avoid suspicion or disclosure of their foreign status via language barriers with cashiers. Ignacio decreased his participation in church and family occupations to minimize risk. He admitted that his occupations are plagued by worry and panic:

Siempre estás espinita con el temor. Siempre con espinita de ver ese momento del rechazo, del miedo, cuando se enfrentan las cosas. ¿Qué voy a hacer? Te quedas pánico. ¿Qué hago? ¿Qué hago? [You are always uneasy with worry. Always uneasy to see that moment of rejection, of fear, when you have to face things. What will I do? You become panicked. What do I do? What do I do?]

Ignacio experiences these emotions regardless of his occupational behavior. “Pero, ¿qué hicimos? ¡No estamos haciendo nada sino simplemente estamos trabajando y nos agarran como ratones! [But, what have we done? We are not doing anything but simply working and they grab us like rats!]” At times, he despairs and elects to lay low, explaining that “es mejor que se queda uno callado [it's best to keep quiet],” “es mejor que se queda en casa [it's best to stay at home].” Staying home and withdrawing from occupational pursuits is a common tactic in Smalltown. To remain with family and ensure their survival through financial support, study participants feel they must stay out of sight and yield to authority:

Lo que la persona dice, eso es. Incluso cuando no estoy de acuerdo pero no puede oponerse a negociar con ellos. Voy a tener que darle la prioridad al americano porque me conviene. Porque no quiero meterme en problemas con él porqué a mí me puede hacer más daño. [What that person says, is so. Including when I do not agree but one cannot oppose and negotiate with them. I must give the American priority because it is convenient. Because I do not want to get into trouble with him because he can cause me more harm]. (Izio)

The tendency to submit and avoid conflict creates situations in which migrants are vulnerable to exploitation in their vocational occupations.

Work: “It's psychological slavery” (Carmen)

Employers' exploitation of migrants is common in Smalltown. It is important to note that not all employers commit such atrocities and some, according to study participants, are fair and treat their employees with dignity. But to many Smalltwon migrants, work “es la esclavitud psicológica porque te dicen: ‘si tu no lo quieres, viene otro que sí lo quiere’… te sometes. [is psychological slavery because they tell you: ‘if you don't want it, another will come who does’… you submit]” (Carmen). For undocumented workers, denouncing exploitative employers is impossible because it might entail loss of employment, possible detention, and deportation. Anonymous accusations are also unlikely since migrants feel powerless and do not trust law enforcement to act in their interest.

Suria experienced and witnessed injustice while working in a Smalltown factory. She did not receive overtime despite consistently logging 80 hours a week. To circumvent the law, Suria's employer gave her a check after every 40 hours of work regardless of many days had passed. Once she was paid, the clock would start anew for the following 40 hours. Although frustrated, Suria felt lucky and was thankful for receiving consistent pay unlike many of her peers. Suria tolerated and submitted to this injustice because she feared she would lose her employment, which was less exploitative than what many of her peers endured. “A lot of people don't get paid, get paid really late, or when they do get paid they realize they give you half the check” reported Miguel. Like Suria, study participants accept injustice to maintain gainful employment. Exploitative practices worsened with the economic recession due to decreasing availability of employment. The recession persuaded many migrants to tolerate additional injustice because they feared finding another source of income was unlikely. The recession also accentuated Employers' power when negotiating with undocumented candidates over their pay. Employers hire whoever is willing to work for the least amount of pay. Desperation encourages workers to compete over limited opportunities such that they effectively lower each other's wages. To Ignacio, encouraging competition for meager pay “es otra cosa como que se aprovechan de la nobleza de uno [is another way in which they take advantage of one's nobility].”

Well-being and mental health in Smalltown

Fear, the loss of dignity, and the ensuing subjugation during occupational endeavors cause Smalltown migrants to experience poor well-being: “me siento perseguida, cómo que no soy un ser humano que tengo valores [I feel persecuted, as if I'm not a human being with values]” (Suria). The frequent exploitation and degradation Suria endures at work makes her feel less than human and has a negative effect on her mental health: “eso te produce una molestia. Y esa molestia ¿qué hace? Te da enfermedades [That produces pain. And the pain, what does it do? It makes you sick].” The absence of trust, effective advocacy, and frequent humiliation causes study participants to feel hopeless, oppressed, and isolated. Suria argued this leads to symptoms of depression and anxiety. The potential for oppression and discrimination is a perpetual backdrop to migrants' occupations.

In response, Ignacio struggles with feelings of paranoia: “aquí, esperamos el momento que ellos te insultan, que te golpean, [Here, we wait for the moment that they insult you, that they hit you].” He expects prejudice and endures it throughout most of his occupational pursuits. Most Smalltown migrants feel unwelcomed and experience a lack of belonging in Smalltown environments. Negative feelings persecute participants throughout daily activities and contribute to paranoia. Ignacio reported that regardless of his occupation, whether driving, shopping, dining, or working, “lo miran uno como cucaracha [they look at you as if you were a cockroach].” Teresa experiences the gaze of Anglos as a reminder of her foreign status: “nos miran como invasores … que estamos invadiendo sus terrenos [they see us as invaders … that we are invading their land].” In many cases, participants voiced considerable suffering claiming everyday life is filled with anxiety, social isolation and melancholy:

Te sientes solo. Sobre todo cuando te sentiste enjaulado, tienes que vivir bajo … dejaste en casa porque tú sentiste perseguida … . te estresa el trabajo, las condiciones en las que trabajas … yo me siento eternalmente molesta. [You feel alone. Above all, when you feel imprisoned, you must live low … you stay in your house because you feel persecuted … your job stresses you, the conditions in which you work … I feel eternally troubled] (Suria)

Discussion

Immigration policies, particularly Section 287(g) and the REAL ID Act, cause Latino migrants to Smalltown to endure injustices which negatively affect participation in occupation. The findings evoke Stadnyk et al.'s (2010) conceptualization of occupational deprivation and occupational imbalance. Study participants experienced occupational deprivation after policies prevented their acquisition of driver's licenses. The threat of arrest and deportation engenders a climate of fear that persuades migrants to withdraw from most leisure and social occupations. Decisions to engage in occupation are couched in fear such that many occupations outside the home are eliminated from daily routines. Smalltown migrants experience poor mental health and negative well-being as a result of occupational deprivation. Participants also experience occupational imbalance after abandoning most leisure and social occupations. Participation in a circumscribed set of occupations left migrants inadequately connected to their social and cultural worlds.

The manifestation of occupational deprivation and its negative impact on mental health is unquestionable for most study participants. However, in some cases, it is impossible to discriminate whether poor mental health results from restricted participation or other underlying causes such as the stress of adaptation. This ambiguity is important since efforts to improve well-being hinge on an accurate assessment of determining factors. For instance, interventions targeting occupational deprivation could focus on the removal of environmental barriers to participation. Such a strategy may be ineffective or only partially abate the stress of adaptation that accompanies moving to new environments. The current framework on occupational justice (Stadnyk et al., 2010) does not conceptualize a threshold for when restricted participation in occupation by external factors constitutes deprivation. It is common to limit participation in important occupations due to factors outside of one's control such as work, finances, or the obligations of caregiving. Research should continue to test the concept of occupational deprivation to provide greater nuance regarding its applicability.

Furthermore, the current framework does not fully explicate the oppressions evoked in the Smalltown study. The relentless fear imposed by government policy affects participation in all areas of occupation through contamination of meaningful experiences. Occupations are framed by fear and trepidation such that positive occupational meanings are obfuscated by anxiety. Necessary occupations are decreased or altered to reduce apprehension. Alterations in their occupations impede participants' expression of cultural identities but did not result in occupational deprivation, marginalization, or alienation as articulated in Stadnyk et al.'s (2010) oeuvre. They continue to cook and drive, albeit in a different manner. Their choice of occupation is not marginalized by sociocultural values. When cooking or driving, they are not alienated by experiences of life as meaningless or purposeless. Instead, participants continue to experience meaning through their occupations, however those meanings are underscored by the malaise of persecution and oppression. Further study should explore additional forms of occupational injustice to deepen its theorization and strengthen its analytic power.

This study demonstrates that the application of an occupational justice framework to analyses of public policy offers a unique analytic lens to the impact of policy on human function. The findings further problematize conventional theories of distributive justice such as Rawls' (1999) renowned work on the social contract. Although Rawls' emphasis on the inequitable distribution of goods, resources, and wealth is applicable to the migrant situation in Smalltown, it fails to acknowledge the impact of restricted opportunities for participation in meaningful occupation; an issue of primary importance to study participants. Indeed, migrants to Smalltown articulated their injustices in terms participation in occupation with little evocation of injustice through the inequitable distribution of material wealth or resources.

Adopting access to participation in occupation as a unit of analysis for a just society bears conceptual similarities to Nussbaum's (2003, 2011) Capabilities Approach, in which she offers 10 capabilities as general entitlements that governments must protect (Table 2). Nussbaum (2003) stressed that the Capabilities Approach empowers individuals with opportunities for doing in lieu of “pushing people into functioning in ways you consider valuable” (p. 40). This point must take greater prominence in the occupational justice framework, which risks encouraging the imposition of a particular group's conception of justice onto another. Thus, aspirations for occupational justice should promote the capacity for occupational participation and not a particular form of occupational participation.

Table 2: Central Human Capabilities (Nussbaum, 2011, p. 33)

1.	Life
2.	Bodily health
3.	Bodily integrity
4.	Senses, imagination, and thought
5.	Emotions
6.	Practical reason
7.	Affiliation
8.	Other species
9.	Play
10.	Control over one's environment

Townsend (2012) has called attention to the conceptual synergies between occupational justice and the Capabilities Approach, suggesting that a critical occupational perspective could provide the theoretical foundation to create just societies through the enhancement of human capabilities. In the Smalltown situation, migrants experience occupational injustices which prevent their ability to develop and exercise their capabilities. For instance, laying low causes migrants to abandon occupations thereby reducing opportunities to use and cultivate corresponding “Senses, Imagination, and Thought” (Nussbaum, 2011, p. 33). Migrants withdraw from many family and social occupations which hinders the expression and growth of “Emotions,” “Affiliation,” and “Play” through attachment to others and engagement in social interaction (pp. 33-34). Moreover, alterations to occupational participation in response to fear further restrict the development of these capabilities.

This study demonstrates the potential of applying a critical occupational perspective to operationalize declarations of basic human rights or entitlements of human capabilities. If occupation is a primary mechanism through which humans develop and exercise their capabilities, and humans are entitled to the “opportunity to benefit from development” (United Nations General Assembly, 2000, p. 2), then access to occupation is a basic human right. Migrants to Smalltown are denied the right and capability to experience development in social, cultural, and economic arenas of occupation through restricted opportunities. Conceptualizing justice with a critical occupational perspective offers a potential change mechanism to promote just societies. In practice, it shifts the focus from policies that redistribute wealth to policies that promote access to participation in occupation.

Limitations

In ethnographic work, the researcher is an active participant in data collection and directly influences what is discovered (Bailliard et al., 2013). Decisions regarding what data merit collection are themselves an early form of analysis (Wolcott, 1995). The co-creative and intersubjective understandings of ethnographic work suggest that the researcher's personal experience is an inextricable aspect fieldwork (Lassiter, 2005). To disclose my personal role in the study does not eliminate bias, but embraces the idea that participant – researcher transactions produce ethnographic co-understandings that are unique to the particular study situation and influenced by pre-understandings held by both the researcher and participant. My experience as an immigrant was an important factor in this study. I shared my history to enhance participant comfort and disclosure. Since undocumented participants fear institutions and their personnel, it was helpful to invoke my immigration. Although my experiences with immigration services were degrading and my path to citizenship was difficult; I did not reveal them to participants to avoid framing immigration as inherently negative.

The analysis of injustice was predicated on participants' ubiquitous and unprompted references to occupational injustice. These consistently surfaced as participants discussed changes in their daily occupations after migration to Smalltown. Despite several attempts, I was unsuccessful in scheduling interviews with representatives of Smalltown's government and police force. Their perspective is an important piece of the Smalltown situation and its absence is a limitation. Perhaps, a recent media backlash and accusations of racism against the Smalltown police department affected their willingness to participate. As a result, the government's perspective was only available through public documents and second-hand reports by participants. The absence of government perspectives resulted in an ethnographic portrayal that prioritizes the experiences of immigrants.

It is important to acknowledge that this study took place within a specific community through an evolving sociocultural context. The political environment framing immigrant experiences is in perpetual flux and often the subject of fervent government debate. Moreover, the laws affecting US immigrants vary by state. Therefore, study findings reflect the unique situation of Latino immigrants to Smalltown in 2009 – 2010 as conceptualized through my interactions with study participants. Immigrants in other communities share similar experiences, however many states have not adopted Section 287(g). Therefore, generalizing the Smalltown situation is problematic. However, findings are relevant in their application to the occupational justice framework and to highlight the utility of a critical occupational perspective in international deliberations on justice.

Conclusion and Implications

The Smalltown study provides significant insight to the occupational transformations experienced by Latino migrants. This paper presented focused findings regarding the experiences of undocumented migrants to Smalltown. Latino migrants to Smalltown experience injustice throughout many of their occupational pursuits. Anti-immigrant sentiment spawned a series of laws that threaten undocumented migrants with deportation when minor traffic violations allow law enforcement to check an individual's driver's license and, by association, his or her migratory status. As a result, migrants limit their occupations to those that are absolutely necessary and decisions to participate in routine occupations outside the home are shrouded in fear. Through withdrawal from vocational and leisure occupations, migrants experience occupational deprivation, poor mental health and negative well-being. Discrimination and exploitation also discourage migrants from trusting and accessing government institutions such as law enforcement, social services, healthcare providers, and emergency services. The absence of effective advocacy and perpetual threat of oppression causes migrants to feel hopeless and desperate.

This paper demonstrates the potentially devastating and unpredictable effect of government policies on human occupation. The REAL ID Act and Section 287(g) were designed to target violent crime offenders and potential terrorists. In Smalltown, those policies create an unjust situation which plagues the lives of hard working families contributing to the social, cultural and economic fabric of the United States. Occupational science, with its unique lens on participation, should engage political arenas to advocate against oppressive policies and inform policy makers of unanticipated ramifications of their policies on occupation.

Drawing on an occupational perspective, this study problematizes distributive theories of justice and supports Townsend's (2012) efforts to align the Framework of Occupational Justice to Nussbaum's (2003, 2011) Capabilities Approach. Occupation and its central relationship to health, well-being, and human capabilities should be at the forefront of deliberations regarding human rights and justice. In light of occupation's primary role in human rights, and the United Nations Declaration on Human Rights Education and Training (2012), it is the duty of occupational therapy/science educators to incorporate issues of justice and human rights in curricula. Within such curricular endeavors, educators must highlight the importance of cultural sensitivity to avoid the imposition of one's cultural values and conceptualizations of justice on other populations. The latter, according to Young (1990), assumes superiority and would amount to cultural imperialism; a form of injustice in itself. Heeding this caution, occupational therapists/scientists can play an important role in the creation of just societies in the 21^st century.

Acknowledgements

This paper is based on data and findings from my dissertation research at the University of North Carolina at Chapel Hill; an ethnography with a migrant Latino community in North Carolina (Bailliard, 2011). I would like to express my deepest gratitude to the Latino community in Smalltown for their warm welcome and personal stories. I admire their tremendous strength in the face of hardship. I would also like to thank my mentor Dr. Virginia Dickie and dissertation committee (Dr. Altha Cravey, Dr. Malcolm Cutchin, Dr. Glenn Hinson, and Dr. Ruth Humphry) for their wise guidance and unfaltering encouragement.

Correction Statement

This article has been corrected with minor changes. These changes do not impact the academic content of the article.

Notes

1. In 2003, the US Immigration and Naturalization Service (INS) was dissolved into three new entities under the Department of Homeland Security: US Citizenship and Immigration Services (USCIS), US Immigration and Customs Enforcement (ICE), and the US Customs and Border Protections (CBP).