LABOR AND IMMIGRATION IN SPORT

Labor and Immigration in Sport

Abstract

Every year, international athletes come to play professional sports in the United States. Are they stealing jobs from Americans, or should they be welcomed for their talents? Should they be entitled to special treatment with regard to immigration and labor laws, or should they have to go through the same procedures as any immigrant applying for United States citizenship? The purpose of this article is to determine the historical and cultural framework with regard to the use of sports as a vehicle to achieve immigrant assimilation in the United States. This article also addresses the topic of athletes coming into the United States to “steal” jobs from Americans. Second, this article discusses the legal issues as well as the overlapping labor issues concerning immigration and worker migration. Third, the article is also important in the post-9/11 period because of immigration and security issues.

Labor and Immigration in Sport

Introduction

American citizens are wary when newly arrived immigrants set forth on American soil with the hopes of getting a job and living the “American Dream.” The American Dream, to most people, consists of living in freedom, gainful employment with a high salary, a home, a car and a family. There are many views on recently arrived immigrants and the uneducated person usually argues that these immigrants are taking jobs away from American citizens. Citizens get upset because when these immigrants arrive, they have to find jobs in order to survive. Most immigrants take on menial jobs that American citizens do not want, like a bus boy, or a food delivery person. However, most citizens turn the other cheek when the immigrant is a sports star.

Aside from the talent of the sports star, there are various aspects one must consider when trying to attract a non-American citizen to join an American-based sports league or team. Some of those issues include: labor issues, legal ramifications, governmental action, cultural assimilation issues, political wrangling, and unforeseen circumstances that might arise. Labor issues address the feelings of resentment mentioned above where American citizens feel that jobs are being taken away from fellow Americans by immigrants who are willing to work for a lot less. “Workers who had previously protected their wages by agreement not to work for less than their fellow worker were faced with competition from immigrants willing to work for much less” (Carrell and Heavrin, 2004, p.4-5).

There are various legal issues to address. However, it is hard to say with certainty if all of the laws that have been enacted are any serious help to the highly paid athlete. For example, does one think that an athlete is worried about the Fair Labor Standards Act, which governs minimum wage standards, the number of hours in a work week, and overtime pay? This is very doubtful. However, there are legal issues that these foreign born athletes must address and conform. Some of those legal ramifications include immigration status, the payment of taxes and the construction of an enforceable ...