Background Research shows that undocumented migrants have difficulties in accessing healthcare. Act 2013:407 came into force in 2013 and entitled undocumented migrants to healthcare that cannot be deferred. To date, studies about undocumented migrants’ access to care in Sweden and the impact of Act 2013:407 are sparse. Hence, the aim of this study was to describe professionals’ experiences of access to healthcare for undocumented migrants in Sweden and the impact of Act 2013:407. (...) Methods A qualitative design with semi-structured interviews was employed. Nine interviews were carried out in 2015 with nurses at two NGO healthcare centres for undocumented migrants – and an additional seven interviews in 2022 with staff at an NGO healthcare centre for undocumented migrants and personnel at a regional health and medical care administration. Interpretive description was used for the analyses. Ethical considerations Permission to carry out the study was obtained from managers at the participating NGOs and the regional health and medical care administration. Participants received verbal and written information about the study, and informed consent was obtained from all participants. Findings Six categories emerged from the analysis: Changes since the Act was introduced, General problems with healthcare access, Care for undocumented migrants – politics and social economy, Lack of knowledge, ‘Healthcare that cannot be deferred’ and Being an undocumented migrant. Conclusion Undocumented migrants’ social needs are as great as their needs for healthcare. Healthcare staff are burdened with healthcare cost considerations which affect their judgement of care provision and prioritization. Healthcare staff attitudes towards undocumented migrants affect their access to healthcare. Undocumented migrants in need of healthcare are especially vulnerable due to their legal status, being ill and the fear of being reported and deported. To assure undocumented migrants’ access to healthcare and maintain healthcare ethics, the only possible solution is to provide healthcare based on needs. (shrink)

The number of people without rights of residence or work in the territory of Western Europe's nation states is growing. In official representations of political life this group is commonly 'symbolically eliminated' or taken up by an increasingly hostile discourse on 'illegal immigrants' and 'international terrorism'. This article explores what a rereading of the work of Hannah Arendt can contribute to the analytical task of giving an alternative meaning to the presence of this group. Arendt opens up new ways of (...) thinking and acting in view of the present situation. She shows us the rightless migrant as subject to a very specific form of domination - total domination. With Arendt we can see the migrant also as an emblematic philosophical figure, whose status exposes the contradiction of state-centred citizenship and the discourse of human rights. Lastly, the migrant comes into view as a potential political actor; protests by sans papiers become visible as sites of active citizenship. (shrink)

In 2012 the Spanish government implemented the Royal Decree Law 16/2012 by which undocumented migrants are denied free access to the Spanish healthcare system. In the midst of unemployment, poverty and cuts in social protection, undocumented migrant women are facing multidimensional exclusions whereby austerity measures are having different consequences for women, especially for those who bear the greater brunt of caring roles in the form of mothering. Drawing upon qualitative research in the form of semi-structured interviews in (...) Madrid, this article examines the structural vulnerabilities of undocumented migrant mothers and analyses the gendered processes that provoke them. At a time in which the borders of Europe are reinforced and internal political and economic tensions question this fortress, migrants become shock absorbers for national anxieties. The article argues that the Royal Decree Law, following neoliberal discourses of citizenship and social rights and saturated by patriarchal normative understandings of women’s place in society and care, turns undocumented migrant mothers into disposable and invisible reproductive bodies deprived of rights. (shrink)

This article explores the possibility of resistance under conditions of extreme state power in liberal democracies. It examines the strategies of migrants without legal status who, when threatened with one of the most awesome powers of the liberal state—expulsion—shed their legal identity in order to escape the state’s reach. Remarkably, in doing so, they often succeed in preventing the state from exercising its sovereign powers. The article argues that liberal states are uniquely constrained in their dealing with undocumented (...) migrants. Not only are they forced to operate within the constraints of the international legal order—making repatriation contingent on the possession of identity documents—but the liberal state is also constitutionally limited in its exercise of coercion against the individual. The article concludes that it is those individuals who have the weakest claims against the liberal state that are most able to constrain its exercise of sovereignty. (shrink)

Access to education for undocumented migrant children in South Africa remains a significant challenge. While the difficulties related to their inability to access education within the country have been highlighted elsewhere, there remains a lack of clarity on an approach to how this basic human right can be achieved. In this conceptual paper, we draw on the distinction between equality and equity, and describe the various ways in which education has been conceptualised in the South African Constitution – which (...) in part contributes to the existing confusion on education for various groups, including undocumented migrant children. In this paper, we critically reflects on the need to develop an integrated approach for creating a platform that allows all undocumented migrant children access to education in South Africa. We argue that an integrated approach – which entails ways through which access to education can be delivered through the lens of equity – will enhance the right to education for undocumented migrant children in South Africa. We conclude that the South African government must urgently consider this integrated approach to enable access to education for undocumented migrant children, so that they can achieve their full educational potential. (shrink)

Joseph Carens in his 2013 book Ethics of Immigration argues we should not criminalize undocumented migrants. Instead, we should view them as irregular immigrants who are entitled to some general human rights. This article focuses on Caren's discussion of criminalization in light of recent scholarship by John Marquez and Natalie Cisneros pertaining to the Latina/o border death toll, generalized violence, and discourses on undocumented pregnant migrante females as multiplying rats and anchor babies. This article argues that simply (...) relying on a democratic state model to understand the realities of border militarization is not sufficient because it does not perform some of the explanatory functions performed by other non-ideal theories. By synthesizing the views of Cisneros and Marquez, this article distinguishs thick and thin senses of excessive border enforcement and outlines a notion of the racial/sexual state of expendability as a way of making better sense of these violent realities. (shrink)

This article examines the processes of investigation and gathering evidence about victims of the September 11 attacks to better understand the inability of state and nonstate institutions to effectively deal with the invisibility of undocumented migrants in terms of providing assistance and recognition at a moment of tragedy. The failure to make the invisible visible or to address the very question of visibility publicly is explained by three major reasons: 1) A general fear of coming forward on the (...) part of undocumented migrants or their families, partly as a result of their legal status and their lack of trust in government agencies, which was compounded by ineffective communication about available relief services; 2) different procedural requirements and logics of evidence used by government and nongovernmental relief agencies, which, in some cases, made it impossible for undocumented migrants or their families to provide proof of their presence at the site or employment in the businesses affected; 3) the context of 9/11 as a disruptive event that influenced the overall climate in which issues of victimhood and immigration status could be addressed. (shrink)

In this paper I argue for the need to distinguish between being "legally undocumented" and "socially undocumented". The latter term, I argue, designates and helps us to understand the oppression associated with undocumented status.

Do societies have an ethical responsibility to care for and about the health of undocumented migrants? Some people claim that societies have no responsibility to care for undocumented migrants because these migrants have no legal right to be in the country. But this view tends to ignore ethical responsibilities that are independent of legal status. Other people claim that all human beings, in virtue of their dignity and status as human beings, have a right to (...) the highest standard of health. But this view tends to ignore ethical responsibilities that arise out of relationships between a society and the undocumented migrants who are living and working in that society. In this article, I take a different approach. In the case of undocumented workers, I try to show how these workers are used in the economy and why a widely accepted pattern of responsibility should be extended to them. In the case of undocumented young people, I try to show how these people are socialized in a society and why a widely accepted pattern of responsibility should be extended to them. Toward the end of this article, I reflect on the nature and limits of these arguments. (shrink)

In recent years, scholars and researchers have discovered a new trend in the migration of unauthorized people into the United States: while the total numbers of unaccompanied migrant children crossing the border have grown exponentially in the past few years, human rights violations against migrant women have also increased significantly. This unfortunate trend is not unrelated to the intensifying border militarization and the criminalization of all unauthorized migrants. This paper attempts to provide an ethical solution to the political conundrum (...) of undocumented migration by engaging a critical discourse with major feminist theorists of justice, including Seyla Benhabib, Martha Nussbaum, Iris Marion Young, and Onora O'Neill. I develop an argument in the paper that the US government's political appropriation of forgiveness is the most justifiable and practical solution for resolving the precarious situation of undocumented migrant women and children. (shrink)

The Article traces recent trends in the management and distribution of citizenship within the Israeli context of the 1990s, as they have evolved in the wake of new modes of migration that are neither Jewish nor Palestinian and that stem from liberalized market policies. The Article focuses on administrative and policy initiatives taken since September 2003 that deal with the naturalization of the children of undocumented labor migrants. The vulnerable situation of these migrants in lacking resident status (...) and being eligible for deportation, as well as the predominant Jewish ethno-national character of the Israeli state, make these initiatives and policy measures particularly surprising. However, these measures also reveal the boundaries of liberalizing reforms, as they become part of general trends in the nation-state towards deeming membership manageable without upsetting its national politics of identity. Indeed, it will be argued that, though this liberalizing legal reform is part of a larger context of demystification of national citizenship taking place in Israel following the adoption of socioeconomic liberal policies, it is also indicative of the adaptability of the nation-state as it seeks to reprioritize ethno-national definitions of citizenship in the face of new challenges. (shrink)

BackgroundUndocumented migrants experience multiple institutional and legal barriers when trying to access healthcare services. Due to such limitations, healthcare workers often experience ethical dilemmas when caring for undocumented migrants. This article aims to understand how individual healthcare workers who regularly take care of undocumented migrants deal with these dilemmas in practice. So far, the role of healthcare workers in this context has mainly been theorized through the lens of biopolitics, conceiving of healthcare workers as merely (...) obedient instruments of humanitarian government or gatekeeping.MethodsBased on semi-structured, in-depth interviews and ethnographic observations with healthcare workers in Belgium, we explore how they ascribe meaning, reflect upon and give shape to care practices in relation to undocumented migrants. We use Foucault’s later work on care of the self to interpret the accounts given by the healthcare workers.ResultsHealthcare workers in clinical roles exercise a certain degree of freedom in relation to the existing limitations to healthcare access of undocumented migrants. They developed techniques such as purposefully being inattentive to the undocumented status of the migrants. They also try to master their affective responses and transform their bodily attitude towards undocumented patients. They perform practical mental exercises to remind themselves of their role or position in the wider healthcare system and about their commitment to treat all patients equally. These techniques and exercises are inspired by colleagues who function as role models, inspiring them to relate in an ethical way to limitations in healthcare access. The developed care practices sometimes reproduce, sometimes transform the legal and institutional limitations to care for undocumented migrants.ConclusionsThe findings nuance the biopolitical analysis regarding the role of healthcare workers in healthcare delivery to undocumented migrants that has been dominant so far. Theoretically this article provides a reconceptualization of healthcare ethics as care of the self, an ethical practice that is somewhat independent of the traditional professional ethics.Trial Registration Medical ethics committee UZ Jette, Brussels, Belgium – Registration date: 18/05/2016 – Registration number: B.U.N. 143201628279. (shrink)

This article seeks to explain how and why groups and networks of undocumented migrants mobilizing in Berlin, Montréal, and Paris since the beginning of the 2000s construct different types of claims. The authors explore the relationship between undocumented migrants and state authorities at the local level through the concept of the citizenship regime and its specific application to undocumented migrants. Despite their common formal exclusion from citizenship, nonstatus migrants experience different degrees and forms (...) of exclusion in their daily lives, in terms of access to certain rights and services, recognition, and belonging within the state. As a result, they have an opportunity to create different, specific forms of leeway in the society in which they live. The concurrence of these different degrees of exclusion and different forms of leeway defines specific conditions of mobilization. The authors demonstrate how the content of their claims is influenced by these conditions of mobilization. (shrink)

What moral claims do undocumented immigrants have to membership? Joseph Carens has argued that illegal migrants with long-term residence have a claim to national membership because they already are de facto members of local communities. This article builds on the linkage between illegality, residence, and rights, but shifts the focus from the migrant to the state, and from membership-based arguments to the rule of law. I argue that the rule of law, as expressed in the principle of legal (...) certainty, provides an alternative justification for the regularization of resident undocumented migrants. The principle of legal certainty recognizes the right of individuals to make long-term plans for their lives by requiring that state action be reasonably predictable and nonarbitrary. Thus, as an expression of legal certainty, both civil and criminal codes have statutes of limitation that place a time limit beyond which most crimes and misdemeanors can no longer be prosecuted, and individuals can move on with their lives. Not only do these statutes recognize the individual’s right to be free from arbitrary state control, they also demand that the state cut its losses and accept the consequences of its failure to act in a timely manner. I contend that, in the absence of a statute of limitation on illegal entry, the deportation of settled migrants constitutes an arbitrary act of state power. The article explores a number of judicial rulings to illustrate the argument’s normative logic. (shrink)

Hunger striking is a form of nonviolent action of last resort. It is a tactic used by powerless individuals to challenge those in power and achieve change. Many authors have emphasized that hunger strikers are not suicidal, but when oppressed people run out of other ways to protest or demand sociopolitical change, some of them are willing to place their health and life at risk to achieve their goals. Hunger strikes have a long, widely diffused history, and studies reveal that (...) they are typically small, brief, and often successful. Some well-known examples are the fasts of the suffragettes in the UK, of IRA... (shrink)

"What does it really mean to "be undocumented," particularly in the contemporary United States? Political philosophers, policymakers and others often define the term "undocumented migrant" legalistically-that is, in terms of lacking legal authorization to live and work in one's current country of residence. Socially Undocumented: Identity and Immigration Justice challenges such a pure "legalistic understanding" by arguing that being undocumented should not always be conceptualized along such lines. To be socially undocumented, it argues, is to (...) possess a real, visible, and embodied social identity that does not always track one's actual legal status in the United States. By integrating a descriptive/phenomenological account of socially undocumented identity with a normative/political account of how the oppression with which it is associated ought to be dealt with as a matter of social justice, this book offers a new vision of immigration ethics. It addresses concrete ethical challenges associated with immigration, such as the question of whether open borders are morally required, the militarization of the Mexico-U.S. border, the perilous journey that many Mexican and Central American migrants undertake to get to the United States, the difficult experiences of many socially undocumented women who cross U.S. borders to seek prenatal care while visibly pregnant, and more"--. (shrink)

This article discusses three major dilemmas embedded in women's labor migration by focusing on undocumented Latina migrants in Israel. The first is that to break the cycle of blocked mobility in their homelands, migrant women must take jobs that they would have never taken in their countries of origin, despite uncertainty about possible economic outcomes. The second dilemma is that the search for economic betterment leads Latina migrants to risk living and working illegally in the host country, (...) forcing them to remain on the margins of society. The third dilemma relates to the role of mothers who, to secure a better future for their children, are forced to leave them behind, thus subverting the traditional definition of motherhood. The absence of an egalitarian notion and the practice of citizenship for non-Jews leave undocumented labor migrants in Israel without prospects for incorporation into the society. (shrink)

Arguments both in favor and against including undocumented immigrants in healthcare reform abound. However, many of these arguments, including ones that are favorable towards immigrants, are ethically problematic, and for the same reason; namely, that they either support or deny the inclusion of undocumented immigrants in healthcare reform based on their perceived level of desert, due to their alleged contribution to our social utility, or lack thereof. This encourages gauging the lives and worth of undocumented immigrants in (...) terms of their productivity or output, rather than viewing them as intrinsically valuable human beings. This, in turn, contributes to the instrumentalization of undocumented immigrants’ welfare; for even arguments in favor of including them in healthcare reform encourage viewing them as, in Kantian language, mere means instead of ends in themselves. In this paper, I will be critical of arguments that either seek to exclude or include undocumented immigrants from healthcare reform or access based on social utility and will, instead, champion arguments in favor of inclusion that rely on fostering a sense of solidarity and identification amongst citizens and migrants. (shrink)

Access to public healthcare services for Belgium’s undocumented migrants is regulated through a parallel, administrative procedure within the legal framework of Urgent Medical Aid. This imposes several constraints on their access to healthcare services. Drawing on empirical-ethical methodologies, we show how this procedure impacts on the relationship between patients with undocumented status and healthcare workers. We use the concept of relational autonomy to show how the imposed legal constraints reduce the formal treatment options available to healthcare workers, (...) but simultaneously lead to informal care practices, and how the latter increase the discretionary power of the healthcare workers. We argue that in this context, provision becomes unpredictable and arbitrary, with undocumented migrants tending to value strong personal relations with one particular, trusted healthcare worker. Although this leads to increased dependence, it also increases patients’ options and autonomy by providing access to wider professional networks attached to that healthcare worker. (shrink)

This book offers a much-needed new political theory of an old phenomenon. The last decade alone has marked the highest number of migrations in recorded history. Constrained by environmental, economic, and political instability, scores of people are on the move. But other sorts of changes—from global tourism to undocumented labor—have led to the fact that to some extent, we are all becoming migrants. The migrant has become the political figure of our time. Rather than viewing migration as the (...) exception to the rule of political fixity and citizenship, Thomas Nail reinterprets the history of political power from the perspective of the movement that defines the migrant in the first place. Applying his "kinopolitics" to several major historical conditions and figures of migration, he provides fresh tools for the analysis of contemporary migration. (shrink)

This article questions the meanings and expression of "citizenship" in the context of new Latina and Latino migration into the southeastern United States-a region long marked by legally policed racial systems and now experiencing the varied shocks of globalization. Focused on a legislative campaign that won access to a state-issued driver's licence for undocumented migrants in Tennessee in spring 2001, the article explores some of the tensions that emerged on the road to this unlikely victory and raises questions (...) for the immigrants' rights movement in the US about the costs and gains that may follow from different ways of framing its demands. The dominant frame this particular campaign adopted was a pragmatic and politically acceptable call to improve traffic safety, one that reflected a conscious choice to downplay issues of rights, justice or global perspective. Yet the article also reports that the campaign in fact created and used opportunities for activists to raise issues related to migrant rights. It also made a dramatic, albeit temporary, improvement in the daily lives of migrants in the state. The article then sketches three citizenship norms that current struggles might prefigure. These three norms are: the full right to international mobility of human beings; the right to identity; and duties of citizenship in a globalizing world. (shrink)

This article examines how migrant ‘illegality’ is experienced in the Swedish context. How do ‘illegal‘ migrants manage work, housing, healthcare, safety and a family life in the absence of access to formal provisions? What are their survival strategies? I use direct quotations from undocumented migrants themselves to build a multifaceted picture of migrant ‘illegality’. Following Willen's (2007) call for a ‘critical phenomenology of illegality’, I move beyond the socio-political situation of undocumented migrants to their embodied (...) experiences of being ‘illegal’. I conclude that undocumented migrants are not excluded but are excepted; they have not been thrown out, but neither are they considered participants. Undocumented migrants are included in society without being recognised as members. (shrink)

Both the USA and Europe limit access to care by undocumented immigrants. In the debate over what level of access to confer to IMs, there are various public policy rationales operating either explicitly, or below the surface, ranging from minimalist humanitarianism to full cosmopolitan equality, with several intermediate positions between these two poles. This article informs the international debate by providing a conceptual mapping of these underlying policy rationales. Each position is based on different lines of reasoning or bodies (...) of evidence, and each leads to somewhat different conclusions about the extent to which IMs should have access to different types of health care. It is unlikely that broad consensus will be achieved in this ongoing debate. However, by articulating the ethical, legal, pragmatic and conceptual reasons to support or oppose various positions, we hope to help determine where in the landscape of reasoned argument various positions lie, and how each position might be best supported or refuted. In particular, we see in this debate an illustration of Michael Walzer’s classic analysis of competing spheres of justice. Various positions depend to a considerable extent on whether their advocates approach this issue from the health policy sphere rather than the sphere of immigration policy, or whether they attempt to blend the two spheres. (shrink)

The illegal migration of Basotho women to South Africa in order to render domestic service is alarming because they are subjected to harsh treatment. This is a pastoral and theological concern for the church. As migrants, their struggle begins from the household circumstances that often force them to leave and seek job opportunities undocumented or without following prescribed migration procedures. They are then subjected to migration processes and procedures: for example, corruption and bribery by migration officers and illegal (...) dealers. The working and living conditions in South Africa are often unconducive for illegal migrants. As economic and illegal migrants, they are often considered as lesser by prejudiced employers who treat them inhumanely. Accessing essential services also imposes a significant threat to their lives.Contribution: Through this study, the article will reveal the vulnerability faced by illegal migrant Basotho women as domestic workers in South Africa. (shrink)

This book offers a much-needed new political theory of an old phenomenon. The last decade alone has marked the highest number of migrations in recorded history. Constrained by environmental, economic, and political instability, scores of people are on the move. But other sorts of changes—from global tourism to undocumented labor—have led to the fact that to some extent, we are all becoming migrants. The migrant has become the political figure of our time. Rather than viewing migration as the (...) exception to the rule of political fixity and citizenship, Thomas Nail reinterprets the history of political power from the perspective of the movement that defines the migrant in the first place. Applying his "kinopolitics" to several major historical conditions (territorial, political, juridical, and economic) and figures of migration (the nomad, the barbarian, the vagabond, and the proletariat), he provides fresh tools for the analysis of contemporary migration. (shrink)

This article discusses cosmopolitanism as the moral foundation for access to health care for migrants. The focus is on countries with sufficiently adequate universal health care for their citizens. The article argues for equal access to this kind of health care for citizens and migrants alike—including migrants at special risk such as asylum seekers or undocumented migrants. Several objections against equal access are raised, such as the cosmopolitan approach being too restrictive or too permissive, or (...) the consequences being undesirable; but the objections are largely refuted. Some special cases in which a restriction of equal access to health care might be justified are described: humanitarian crisis, short term tourism, and the case of a migrant or refugee who will stay only very briefly on a state's territory. (shrink)

Scholars have identified crimmigration – or the criminalization of “irregular” migration in law – as a key issue affecting migrant access to justice in contemporary immigrant-receiving societies. Yet the gendered and racialized implications of crimmigration for diverse migrant populations remains underdeveloped in this literature. This study advances a feminist intersectional approach to crimmigration and migrant justice in Canada. I add to recent research showing how punitive immigration controls disproportionately affect racialized men from the global south, constituting what Golash-Boza and Hondagneu-Sotelo (...) have called a “gendered racial removal program”. In my study, I shift analytical attention to consider the effects of the contemporary crimmigration system on migrant women survivors of gender-based violence. While such cases constitute a small sub-group within a larger population of migrants in detention, nevertheless scholarly attention to this group can expose the multiple axes along which state power is enacted – an analytical strategy that foundational scholars like Crenshaw used to theorize “structural intersectionality” in the US. In focusing on crimmigration in the Canadian context, I draw attention to the growing nexus between migration, security, and gender-based violence that has emerged alongside other processes of crimmigration. I then provide a case analysis of the 2013 death while in custody of Lucía Dominga Vega Jiménez, an “undocumented” migrant woman from Mexico. My analysis illustrates how migrant women’s strategies to survive gender-based violence are re-cast as grounds for their detention and removal, constituting what I argue is a criminalization of survivorship.The research overall demonstrates the centrality of gendered and racialized structural violence in crimmigration processes by challenging more universalist approaches to migrant justice. (shrink)

Asylbarns status og rettigheter i Norge er i kritisk søkelys. En særlig utsatt gruppe er barn av papirløse foreldre som fødes på norske sykehus. Med bakgrunn i Kirkens Bymisjons arbeid med denne gruppen, argumenterer jeg i denne artikkelen for at slike eksempler viser at norsk offentlig politikk overfor disse barna tenderer mot å gradere og dermed underminere deres grunnleggende menneskeverd, slik dette blant annet kommer til uttrykk i barnekonvensjonens krav om hensynet til barnets beste. Ved hjelp av Judith Butlers tenkning (...) om sårbarhet og «framing» samt Giorgio Agambens tenkning om «nakent liv» og unntakstilstanden, analyserer jeg hvordan denne graderingen av asylbarnas menneskeverd skjer. Til slutt viser jeg kort hvordan Helsesenteret uttrykker motstand mot disse mekanismene som bidrar til å underminere asylbarnas og de papirløses menneskeverd.Nøkkelord: menneskeverd, asylbarn, papirløse i Norge, Kirkens Bymisjon, helsesenter, etikk, flyktninger, Judith Butler, Giorgio Agamben, diakonalt arbeidEnglish summary: Children of asylum seekers and human dignity: Ethical reflections based on the experiences of the Health Care Centre for Undocumented MigrantsThe human rights and dignity of children of asylum seekers and undocumented migrants is much debated in Norway. A group that is particularly at risk is children born in Norwegian hospitals whose parents do not possess a legal residence permit. On the basis of the diaconal work of the Church City Mission in Oslo that aims at providing care and defending the rights of these groups through the Health Care Centre for Undocumented Migrants, the purpose of this article is to argue that the inherent human dignity of these children is being undermined in contemporary Norwegian politics. By relating to Judith Butler's thoughts on vulnerability and «framing» and Giorgio Agamben's theory of the «bare life» and the state of exception, the article aims at showing mechanisms that contribute to the undermining of the human dignity and rights of this group. The last part shows how the work of the health care center with its ethical and theological basis can be seen as offering resistance to these mechanisms and tendencies. (shrink)

Claims for improving migrants’ access to care often draw on universalistic ethical notions, such as the principle of equity as it is specified in human rights law and public health ethics. These claims contrast with political realities across most welfare states. In the underlying public discourses, the frontline arguments against greater inclusion have often focused on practical concerns, such as the costs of healthcare provision. Yet it has also been suggested that ultimately context‐specific moral frameworks play a key role (...) in demarcating legitimate right‐holders from undeserving others. Hence, is this a conflict between ethical principles and practical concerns? Or between different ethical perspectives? And why would that question matter? We propose that awareness of the nature of the arguments involved and respect for different ethical views are critical for coherent and constructive debates. This paper looks at the ways in which ethical concepts are used to justify exclusionary policy decisions. In particular, it examines the rationales that inform health policies towards documented and undocumented labor migrants in two welfare states, Germany and Israel, through the qualitative analysis of policy documents and 71 in‐depth interviews. The study points to the central role of particular concepts of health‐related deservingness. These results lead to the proposition that the fundamental clash in the discussion on migrants’ access to care is one, albeit not solely, between contrasting ethical perspectives. Drawing on process‐oriented approaches to ethical decision‐making, the paper concludes with three suggestions for moving forward with the migrant health rights debate. (shrink)

How to hospitably welcome refugees and migrants presents urgent questions for social and political thought. Current debates can be attributed to three discursive fields. Liberal versions hold that there are good reasons for political and legal limits of hospitality, critical perspectives advocate a renewed cosmopolitanism and, finally, deconstructive perspectives focus on the demand of unconditional hospitality as an absolute ethical requirement. These concepts trouble the conventional congruence of citizenship and bounded territory that make up modern nation states, on the (...) one hand. On the other hand, they affirm the rights of political communities to decide on the contents and the extent of the universal duty to host those endangered. Taking the Mediterranean and the local arena (Lampedusa) as the example, the article, which is based on extensive, multi-sited anthropological field research, engages with the tensions and limits inherent in current notions of hospitality. (shrink)

The conceptualisation of schooling is often based on “ideal children” in “ideal situations.” However, in determining the level of participation for children who are considered vulnerable in schooling, it is important to understand the lived experiences of these children. In this study, migrant children (particularly undocumented ones) in South Africa are the focus, and their lived experiences were considered through reflections from their parents and teachers. Data were collected using semi-structured interviews, and analysed using a constant comparative method of (...) qualitative analysis within a grounded theory approach. The study found that challenges affecting migrant children’s schooling include the lack of documentation, language barriers, issues of transition and adaptation (discrimination), and the inability to access further education. Strategies were identified to address the challenges, including schools liaising with the Department of Home Affairs, implementing cultural diversity programmes within the school, and through deliberate inclusive programmes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Religious Ethics and Migration: Doing Justice to Undocumented Workers by Ilsup AhnAndy DraycottReligious Ethics and Migration: Doing Justice to Undocumented Workers Ilsup Ahn New York: Routledge, 2014. 204PP. $145.00Ilsup Ahn addresses the controverted issue of immigration, focusing on the plight of undocumented migrants. His theoretical discussions are decidedly Eurocentric, with substantial investment in explicating Jacques Derrida, Michel Foucault, Giorgio Agamben, and Jürgen Habermas, while (...) his practical test cases are North American, as is his recourse to theologians in his closing chapter, so there is a hospitable cosmopolitan air to the work as a whole. Billing his work as “religious ethics,” and allowing that other religious traditions may approximate the concerns he expresses, Ahn writes as a Christian contributing to Christian ethics and political thought, looking to the Bible and contemporary theological discourse.Ahn’s main argument is that many migrants are on the move because of a globalized economy that distributes goods unfairly; they should thus be reclassified as economic refugees (83). But recognizing that classic liberal rights discourse focuses on the claims of individuals at the point of entry, Ahn seeks to invert this emphasis on the claimant, irrespective of whether an immigrant or refugee, by developing an account modeled on forgiveness that avoids the problematic power relation implied in a hospitality model. Christians learn from the gospel to recognize that gift, far from being arbitrary or unidirectional, emerges out of forgiveness. That is, radical hospitality is born not primarily as a power-difference-fueled contract of mutual indebtedness whereby liberty is negotiated; rather, it is born out of the awareness of being [End Page 213] a community grounded in a transcendent forgiveness through which liberty is enjoyed. Ahn seeks to overcome the gift-becomes-debt model by asserting an “invisible debt” that precedes any acts of hospitality; only the radical hospitality of forgiveness can break this destructive ontological polarization around immigration.Whereas part 1 of the book covers theory, part 2 deals with the concrete issue of immigration in the United States, particularly Arizona. He argues for a religious right to express compassion in the hiring of those who are needy, comparing Arizona’s sanction of such employers to “prosecuting and incarcerating the Good Samaritan for his conscientious act of expressing compassion in solidarity with the victim” (129). He further turns his attention to the problem of nativist racism against Chilean, Japanese, and Mexican migrants; Ahn suggests political forgiveness would replace detention centers, run by security personnel, with hospitality centers run as rescue missions. Forgiveness frees the state from the deadening introversion of national security, and thereby for hospitality.The question arises as to how Ahn thinks Christians can actively pursue his agenda when they have no immediate mechanism to change laws or international conventions. Furthermore, Christians might feel bound to law and order such that political forgiveness may look like ignoring the legality of national borders. Ahn’s final chapter turns more explicitly from philosophy to theology to help answer this concern. He proposes a model based on Covenant, Kingdom of God, and Body of Christ: God’s redemptive work is brought about through these dynamic realities of divine agency, incorporating hospitality in a way that transcends individual rights and national security and favors the “least of these.” Christians may overcome the arbitrary hospitality of creditor or debtor by delighting in the arbitrary favor of God.Some may wonder, despite Ahn’s philosophical sophistication, whether his claims act as proxy for policy moves favored on other, less rigorous grounds like love or compassion that lack hardnosed realism. Might a reader refuse Ahn’s forgiveness paradigm on the grounds that he is actually recommending amnesty or the chaos of open borders? Ahn does call for comprehensive immigration reform but is not foolhardy enough to set out legislative proposals. The strength of his work is the sustained conversation between high-level philosophy and theology and the practical realities for undocumented migrants on the ground. His task as a Christian ethicist is to narrate a different way of seeing the world, modeled on forgiveness and not power and right. It is to be hoped that readers will take up his challenge to see... (shrink)

Pregnancy care is chargeable for migrants who do not have indefinite leave to remain in the UK. Women who are not ‘ordinarily resident’, including prospective asylum applicants, some refused asylum-seekers, unidentified victims of trafficking and undocumented people are required to pay substantial charges in order to access antenatal, intrapartum and postnatal services as well as abortion care within the National Health Service. In this paper, we consider the ethical issues generated by the exclusion of pregnancy care from the (...) raft of services which are free to all. We argue that charging for pregnancy care amounts to sex discrimination, since without pregnancy care, sex may pose a barrier to good health. We also argue that charging for pregnancy care violates bodily autonomy, entrenches the sex asymmetry of sexual responsibility, centres the male body and produces health risks for women and neonates. We explore some of the ideological motivations for making maternity care chargeable, and suggest that its exclusion responds to xenophobic populism. We recommend that pregnancy care always be free regardless of citizenship or residence status, and briefly explore how these arguments bear on the broader moral case against chargeable healthcare for migrants. (shrink)

Since the mid-1990s, there has been a rise in the number of deaths of undocumented Mexican migrants crossing the U.S./Mexican border. Who is responsible for these deaths? This article examines the culpability of (1) migrants, (2) humanitarian volunteers, (3) the Mexican government, (4) the U.S. government, and (5) U.S. businesses. A significant portion of the blame is assigned to U.S. free trade policies and U.S. businesses employing undocumented immigrants.

In this essay, I examine the relationality between life and water in the context of its intercorporeal manifestations. Drawing on key aspects of Merleau-Pontian phenomenology, my concern is to reflect on water’s enfleshment of life and its complex ecologies of intercorporeity. These Merleau-Pontian key aspects, I note, are in close dialogue with a number of Indigenous cosmo-epistemologies that envisage the world as constituted by profound ecologies of intercorporeal relationality. The loci of my analysis are the Sonoran Desert and the lands (...) of the Tohono O’odham people, all situated within the ongoing violent relations of power unleashed by the forces of settler colonialism, including the partitioning of Indigenous nations by the Mexico–US border, the ecological devastation left in the wake of the construction of the Trump border wall and the increasingly fraught situation of undocumented migrants attempting to cross the US border. The bodies of water that I discuss in this essay disclose the cycles of life and death that turn on the presence and absence of water. These cycles are increasingly ensnared in aquapolitical regimes of governmentality that, in settler colonial contexts, unleash lethal effects that kill both bodies of water and the entities that depend on them for life. (shrink)

What are our responsibilities in the face of injustice? How far should we go to fight it? Many would argue that as long as a state is nearly just, citizens have a moral duty to obey the law. Proponents of civil disobedience generally hold that, given this moral duty, a person needs a solid justification to break the law. But activists from Henry David Thoreau and Mohandas Gandhi to the Movement for Black Lives have long recognized that there are times (...) when, rather than having a duty to obey the law, we have a duty to disobey it. -/- Taking seriously the history of this activism, A Duty to Resist wrestles with the problem of political obligation in real world societies that harbor injustice. Candice Delmas argues that the duty of justice, the principle of fairness, the Samaritan duty, and political association impose responsibility to resist under conditions of injustice. We must expand political obligation to include a duty to resist unjust laws and social conditions even in legitimate states. -/- For Delmas, this duty to resist demands principled disobedience, and such disobedience need not always be civil. At times, covert, violent, evasive, or offensive acts of lawbreaking can be justified, even required. Delmas defends the viability and necessity of illegal assistance to undocumented migrants, leaks of classified information, distributed denial-of-service (DDoS) attacks, sabotage, armed self-defense, guerrilla art, and other modes of resistance. There are limits: principle alone does not justify law breaking. But uncivil disobedience can sometimes be not only permissible but required in the effort to resist injustice. (shrink)

Over the past decade, the increased involvement of local police in facilitating the deportation of undocumented migrants has played a central role in creating a record-breaking volume of deportations from the United States. In response to this so-called deportation crisis, nearly 600 localities have enacted sanctuary policies that limit their cooperation with federal authorities on immigration matters. This paper explores three moral justifications for sanctuary policies: the public safety, civil disobedience, and collective resistance arguments. Specifically, it addresses two (...) questions: Which justifications are available for which types of sanctuary policies? What must these justifications accomplish in order to be successful? I argue that although common public safety considerations can justify some sanctuary policies, others are best understood as a form of legitimate collective resistance. (shrink)

Touching on issues of power, authority, and domination, Manhunts takes an in-depth look at the hunting of humans in the West, from ancient Sparta, through the Middle Ages, to the modern practices of chasing undocumented migrants.

In order for a state to rightfully exercise self-determination by means of setting policies concerning migrants and migration, they must be legitimate, Gillian Brock argues in _Justice for People on the Move_. Legitimacy, in Brock’s view, requires that states satisfy three (jointly sufficient) conditions: they must respect their own citizens’ human rights; they must be a part of a legitimate state system; and they must adequately contribute to the maintenance of this state system. In her new book, Brock also (...) argues persuasively for a variety of migration-related policies that states ought to adopt (concerning, for example, addressing the needs of refugees, regularization of undocumented migrants, and protections for temporary labor migrants). In previous work (Brock, _Global Justice: A Cosmopolitan Account_, Oxford University Press, New York, 2009; Brock and Blake, _Debating Brain Drain: May Governments Restrict Emigration?_, Oxford University Press, New York, 2015), Brock has compellingly defended the justice of policies designed to allay the harmful effects of brain drain. In this commentary, I wish to argue that the legitimacy standard Brock defends in _Justice for People on the Move_ is an obstacle to the justified adoption of the migration-related policies Brock demonstrates here and in previous work to be substantively morally justified, if not required by justice. If a state is not legitimate, then it lacks the moral standing to adopt migration policies that are otherwise morally justified. I do not intend to question the importance of the concept of state legitimacy for political philosophy generally. However, I wish to argue that that in the context of migration justice, considerations of state legitimacy may be contrary to the goal of defending a view on what policies a state ought to adopt. It may be more useful simply to consider whether or not there is moral justification for a particular state to adopt a particular policy. (shrink)

This chapter is an investigation of the morality of medical deportation, the practice of returning undocumented migrants, despite their ill health and/or injuries, to their countries of origin. In Sect. 16.1, I look more closely at the nature of medical deportation. In Sect. 16.2, I argue that understanding the morality of medical deportation requires nonideal theory. In Sect. 16.3, I outline contractualism as a nonideal theory. In Sect. 16.4, I apply contractualism to medical deportation and make the case (...) that, first, there are in principle some cases in which medical deportation is morally permissible but, second, the standards that must be met in cases of morally permissible medical deportation are very high. In Sect. 16.5, I consider stakeholders other than the patient and the medical care facility and examine the ways in which effects on them might render medical deportation morally impermissible. I conclude that real-world cases of morally permissible medical deportation are rare at best, and there is little prospect of this situation changing. (shrink)

This essay argues for the value of presence as rhetorical heuristic. Beginning with the philosophical tradition, the authors establish a long-standing interest in presence or isness, understood as the thing-itself outside subjectivity. We then trace how rhetorical theorists including Aristotle, Quintilian, and Perelman have privileged isness as a baseline for true conviction, positioning rhetoric as an effort to imitate material proofs. Such views highlight the tension between presence (things of the world in their isness) and the arts of presencing (the (...) capacity of words and symbols to shape an isness), suggesting a generative frame for analysis. To demonstrate, we examine global migration. Drawing on ethnographic fieldwork among undocumented migrants, we posit that these individuals' paradoxical experiences of bodily presence but legal absence reveal a fraught interplay among rhetoric, state power, and competing notions of truth. However, immigration is only a case study; presence is a much more widely applicable heuristic. (shrink)

Faced with high levels of unemployment and discrimination in Poland, Polish women have made up a very large proportion of those leaving the former Communist states of central Europe, to work in EU member states. They have constituted a large undocumented migrant workforce in Europe, usually working as domestic workers and carers in the informal economy. Poland’s membership of the EU is starting to regulate Polish women’s work abroad and to increase their access to better paid and skilled work (...) in the formal labour market. New market-led immigration policies in Europe are still selective and restricted however. What Polish women really need from the EU is help in securing a new framework of gender equality and equal treatment in Poland that offers hope for an improvement in their rights at home. (shrink)

Touching on issues of power, authority, and domination, Manhunts takes an in-depth look at the hunting of humans in the West, from ancient Sparta, through the Middle Ages, to the modern practices of chasing undocumented migrants. Incorporating historical events and philosophical reflection, Grégoire Chamayou examines the systematic and organized search for individuals and small groups on the run because they have defied authority, committed crimes, seemed dangerous simply for existing, or been categorized as subhuman or dispensable. Chamayou begins (...) in ancient Greece, where young Spartans hunted and killed Helots as an initiation rite, and where Aristotle and other philosophers helped to justify raids to capture and enslave foreigners by creating the concept of natural slaves. He discusses the hunt for heretics in the Middle Ages; New World natives in the early modern period; vagrants, Jews, criminals, and runaway slaves in other eras; and illegal immigrants today. Exploring evolving ideas about the human and the subhuman, what we owe to enemies and people on the margins of society, and the supposed legitimacy of domination, Chamayou shows that the hunting of humans should not be treated ahistorically, and that manhunting has varied as widely in its justifications and aims as in its practices. He investigates the psychology of manhunting, noting that many people, from bounty hunters to Balzac, have written about the thrill of hunting when the prey is equally intelligent and cunning. An unconventional history on an unconventional subject, Manhunts is an in-depth consideration of the dynamics of an age-old form of violence. (shrink)

Artikkelen vurderer hvorvidt ID-kravet, som begrenser asylsøkeres anledning til å søke arbeid, er etisk velbegrunnet innenfor rammene av en liberal rettskultur. Videre anlegges et konsekvensetisk perspektiv fordi ID-kravet er konsekvensetisk begrunnet, og det kan da foretas en immanent kritikk. Det vises at ID-kravet innebærer en begrensning av asylsøkeres negative og positive frihet, og at forsvarere av ID-kravet dermed må bevise at kravet har så gode konsekvenser at det legitimerer en slik begrensning av asylsøkeres frihet. Både generelle overveielser av ID-kravets fordeler (...) og ulemper og konkrete data tilsier at bevisbyrden ikke er oppfylt. Følgelig må det enten frembringes empiri som tilsier at ID-kravet likevel har bedre konsekvenser, eller det bør gis en annen type begrunnelse enn den konsekvensetiske for ID-kravet, eller ID-kravet bør avskaffes.Nøkkelord: asylsøkere, arbeid, liberalt demokrati, konsekvensialismeEnglish summary: Undocumented migrants' right to apply for work. A consequentialist assessmentThe article evaluates whether the Norwegian ID-demand, which limits asylum seekers' opportunity for work, is ethically well founded within the limits of a liberal, legal culture. The argument operates within a consequentialist normative theory because the ID-demand is justified in terms of its consequences, and an immanent critique of the demand can therefore be carried out. It is argued that the ID-demand imposes restrictions on the negative and positive liberty of asylum seekers, and defenders of the ID-demand will then have a burden of proof to show that the demand has such good consequences that it will legitimise these restrictions. Both general considerations and specific data clearly indicate that this burden of proof is not satisfied. Hence, one must either provide new data that indicate that the ID-demand after all has better consequences, defend the ID-demand in terms of something other than its consequences or reject the ID-demand. (shrink)

BackgroundFrance has long been a country of immigration and in some respects may be seen to have a generous policy with respect to asylum seekers and access to health care for migrants. The French state notably provides healthcare access for undocumented migrants, through state medical aid and since 1998 has had a humanitarian policy for granting temporary residence permits for medical reason to migrants. Within a context of political debate, reform and tightening immigration control we will (...) examine this latter policy focusing especially on the dilemmas that arise for physicians of migrant patients when they are requested to write medical certificates as part of a TRPMR application. In a 2017 reform the key role of making recommendations on the granting or not of permits was handed over to Ministry of the Interior health inspectors. Recommendations are made after perusal of medical certificates established by the migrant’s physician and complementary evidence.Main bodyThe writing of medical certificates by a physician would seem straightforward. This is far from the case since it raises a number of ethical dilemmas. These occur within a physician-patient relationship embedded within a social contract between the State, the physician and the migrant patient. To clarify the ethical issues arising 3 vignettes based on practice within an infectious disease unit at a large Paris hospital have been developed. The vignettes highlight ethical dilemmas in the care for migrants with tuberculosis, chronic hepatitis, and HIV / AIDS. We will go on to reflect on issues of social justice and responsibility for the health of migrants within a globalized world.ConclusionsCriteria for residence permit delivery appear less than clear-cut and are interpreted in a restrictive way. Neither are the consequences of refusing a residence permit taken into account. We call for an empirical transnational ethics study involving countries implementing similar TRPMR policies. We also call for inclusion of lobbying competences into the medical undergraduate curricula, in order to breed future generations of physicians skilled in defending social justice. (shrink)

The aim of this paper is to criticize the process of securitization and militarization that has impacted European migratory policies in the last decades. To do that, first of all, I retell the case of the migratory humanitarian crisis in Canary Islands when thousands of sub-Saharan undocumented migrants crossed, in a very dangerous journey, the sea from Mauritania and Senegal. Secondly, I consider the normative level related to the moral and political meaning of tracing and retracing borders that (...) “limit” national communities discussing Will Kymlicka´s thought. His position is inspiring by the premises of egalitarian liberalism. My conclusion is that we have to deal with the creation of a new model of transnational citizenship, beyond the European construction, that could guarantee the respect for Human Righsts of undocumented migrants in the era of globalization. (shrink)

The Ethics of Immigration, by Joseph Carens, Oxford University Press, 2013. -/- Joseph Carens is arguably the most prominent political theorist to defend open borders, a view which he did much to make intellectually respectable in a famous 1987 article, “Aliens and Citizens: The Case for Open Borders.” In The Ethics of Immigration Carens again defends the open borders view, but with a new rationale. Whereas before he argued that seemingly opposed philosophies provided converging support for open borders, now he (...) bases his case on “democratic principles,” by which he means uncontroversial moral commitments that are widely shared in liberal states. Carens argues that one such commitment is to freedom, which can be understood as “not being the subject of the will of another.” A commitment to such a value would explain why freedom of movement within a state is considered a basic human right. But, Carens asks, if we have a general right to freedom of movement within countries, why not between them? -/- Carens has long noted that despite the attractiveness of open borders at the level of pure justice, it is deeply at odds with how immigration policy is normally viewed. Given this, Carens’ many writings on immigration have long approached it from a second perspective, one that puts aside questions of ideal theory and takes for granted the conventional view that states are entitled to discretionary control over their borders. This second perspective is the dominant one in The Ethics of Immigration, as Carens spends most of the book outlining standards of fair treatment for permanent residents, temporary workers, refugees and other migrants that do not presuppose any commitment to open borders. In this mode Carens offers a revised version of one his most thought-provoking and controversial arguments, defending amnesty for immigrants who first arrive illegally. -/- Carens’ investigation of immigration issues at both the level of ideal justice and the more immediate plane of the debate over amnesty and related issues makes his book unusually rich. It has the rare virtue of being both philosophically rigorous and politically relevant. -/- . (shrink)

With migration featuring prominently in political and popular discourse in recent years, this article examines five dilemmas that continue to dog policymakers. It is argued that any cogent and coherent policies in this area need to resolve these five basic challenges in migration policymaking: who can enter and the rules of their entry (admission); what rights and services migrants have access to (entitlements); how effectively they integrate with their host society (integration); what impact their movement has on their erstwhile (...) home (overseas impact); and how to handle those already in a country but living and working without permission (undocumented migrants). (shrink)