In the historical study of modern American capitalism, labor unfreedom in agriculture has been conceptualized as an exception to liberal labor relations in the post-slavery polity, from debt peonage to the threat of deportation from workplaces populated by non-citizen migrants. At the same time, state-enforced labor compulsions and restrictions are increasingly part and parcel of what scholars call neoliberal exceptionalism. This article argues that agricultural and neoliberal exceptionalisms are related, by tracing the historical genealogy and juridical production of a restrictive work status, the deportable temporary labor migrant, across political economies in the modern United States, from imperial construction in the Panama Canal Zone, to agriculture, to the knowledge economy. Contrary to existing notions of temporary work visas as a new form of unfreedom in neoliberalized advanced capitalist states, I show how the threat of deportation is older and rooted in the rise of the liberal regulatory state in a post-slavery, yet persistently racial capitalist political economy. The import of understanding this history of government intervention increases as the liberal regulatory state's coercive logics and practices intensify and circulate in agriculture and under a post-Fordist regime of accumulation, reproducing racial capitalism in the labor process.

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In 1917, Congress created the status of temporary labor migrant. A new kind of restricted worker born from nineteenth-century free labor politics, employer and citizen worker demands under modern liberal capitalism, and state labor market regulation, temporary migrants have always had an employer-dependent legal status and been subject to deportation. Yet, since 1942, changing rights and legal processes have governed migrant employment termination across sectors. By drawing on employment cases from archival and unpublished files made available to me under FOIA, and court decisions, I compare the impact of laws of employment termination on deportable laborers beginning in 1942, when government agencies planned migration, and under privatized migration after 1964. From agriculture and war to today's service and knowledge economies, I demonstrate how employment rights have always shaped deportable workers' legal status. Yet, I also show how today's rights and legal processes, in contrast to the past, hardly mitigate employer control over migrants under contemporary capitalism.