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  1. Comments on the Rights of Others.T. Alexander Aleinikoff - 2007 - European Journal of Political Theory 6 (4):424-430.
    Professor Benhabib seeks to rely upon discourse theory to ground a `right to membership' — a right of immigrants to seek and be granted naturalization. The effort is unpersuasive because discourse theory cannot provide an answer to the fundamental question of who should participate in the conversation that would establish a right to membership, nor is it clear that persons freely and equally discussing membership rules would reach the normative conclusions that Benhabib defends. Protection of the `rights of others' might (...)
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  2. Migrants and Work-Related Rights.Bridget Anderson - 2008 - Ethics and International Affairs 22 (2):199–203.
    Carens's discussion of the work-related rights of irregular migrants fails to consider the differentiated employment rights of legal temporary migrants, permanent residents, and citizens.
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  3. A Note on Justice, Care, and Immigration Policy.Annette C. Baier - 1995 - Hypatia 10 (2):150 - 152.
    Should a "caring" immigration policy give special treatment to would-be immigrants who are near neighbors? It is argued that, while those on our borders requesting entry have some special claim, it should not drown out the claims of more distant applicants for citizenship.
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  4. Japanese American Relocation: Who is Responsible?Mary Ann Barton - 1992 - Journal of Social Philosophy 23 (2):142-157.
  5. The Rights of Others and the Boundaries of Democracy.Rainer Bauböck - 2007 - European Journal of Political Theory 6 (4):398-405.
    Benhabib argues that the tension between universal human rights and democratic self-determination cannot be resolved. Distinguishing between the principle of rights, on the one hand, and context-specific `schedules of rights', on the other hand, helps, however, to specify the scope of both norms. I show that applying this idea to questions of citizenship requires further elaboration in three respects: (1) Benhabib's argument for porous rather than open borders, which does not fully address the challenge of global distributive justice; (2) norms (...)
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  6. The Rights of Others: Aliens, Residents, and Citizens.Seyla Benhabib - 2004 - Cambridge University Press.
    The Rights of Others examines the boundaries of political community by focusing on political membership - the principles and practices for incorporating aliens and strangers, immigrants and newcomers, refugees and asylum seekers into existing polities. Boundaries define some as members, others as aliens. But when state sovereignty is becoming frayed, and national citizenship is unravelling, definitions of political membership become much less clear. Indeed few issues in world politics today are more important, or more troubling. In her Seeley Lectures, the (...)
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  7. Competing Methods of Territorial Control, Migration and Justice.Christopher Bertram - 2014 - Critical Review of International Social and Political Philosophy 17 (1):129-143.
  8. Universal and Qualified Rights to Immigration.Michael Blake - 2006 - Ethics and Economics 4 (1).
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  9. Migration, Territoriality, and Culture.Michael Blake & Mathias Risse - 2008 - In Ryberg Jesper & Petersen Thomas (eds.), New Waves in Applied Ethics. Palgrave.
    Little work has been done to explore the moral foundations of the state’s right to territory.1 In modern times, the state has mostly been assumed to be a territorial unit, and no need was perceived to reflect on precisely what justifies its territorial jurisdiction. The state’s territoriality is related to another topic that has remained under-theorized: immigration. There is, moreover, an obvious relationship between these topics: the more powerful a state’s rights over its territory, the more powerful the right to (...)
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  10. Immigrants and the Right to Stay.Joseph H. Carens - 2010 - MIT Press.
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  11. Wer gehört dazu? Migration und die Rekonzeptualisierung der Staatsbürgerschaft.Joseph H. Carens - 2007 - In Simone Zurbuchen (ed.), Bürgerschaft und Migration: Einwanderung und Einburgerung aus ethisch-politischer Perspektive. LIT. pp. 25-51.
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  12. Free Speech and Democratic Norms in the Danish Cartoons Controversy.Joseph H. Carens - 2006 - International Migration 44 (5):32-41.
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  13. On Belonging: What We Owe People Who Stay.Joseph H. Carens - 2005 - Boston Review 30 (3-4):16-19.
  14. Why Naturalization Should Be Easy: A Response to Noah Pickus.Joseph H. Carens - 1998 - In Noah M. Jeddiah Pickus (ed.), Immigration and Citizenship in the 21st Century. Rowman & Lifflefield. pp. 141-146.
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  15. The Philosopher and the Policymaker: Two Perspectives on the Ethics of Immigration with Special Attention to the Problem of Restricting Asylum.Joseph H. Carens - 1997 - In Kay Hailbronner, David Martin & Hiroshi Motomura (eds.), Immigration Admissions: The Search for Workable Policies in Germany and the United States. pp. 3-51.
  16. The Rights of Immigrants.Joseph H. Carens - 1994 - In Judith Baker (ed.), Group Rights. University of Toronto Press. pp. 142-163.
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  17. Migration and Morality: A Liberal Egalitarian Perspective.Joseph H. Carens - 1992 - In Brian Barry & Robert E. Goodin (eds.), Free Movement: Ethical Issues in the Transnational Migration of People and of Money. University of Pennsylvania Press. pp. 25-47.
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  18. Refugees and States: A Normative Analysis.Joseph H. Carens - 1991 - In Howard Adelman (ed.), Canadian and American Refugee Policy. York Lanes Press. pp. 18-29.
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  19. Membership and Morality: Admission to Citizenship in Liberal Democratic States.Joseph H. Carens - 1989 - In William Rogers Brubaker (ed.), Immigration and the Politics of Citizenship in Europe and North America. University press of America. pp. 31-49.
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  20. Que nous devons-nous les uns aux autres?Stéphane Chauvier - 2008 - Revue Philosophique De Louvain 106 (4):771-796.
    La fuite des cerveaux est-elle un phénomène individuellement légitime, mais socialement fâcheux ou bien enveloppe-t-elle une forme d’injustice à l’égard des populations qui en subissent les effets ? Nous construisons un modèle simplifié de ce phénomène permettant de faire apparaître ce qu’il y a d’éthiquement problématique dans la fuite des cerveaux et quels types de remèdes pourraient y être apportés.
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  21. "What Should We Do for Each Other? The Case of" Brain Drain".Stephane Chauvier - 2008 - Revue Philosophique De Louvain 106 (4):771-796.
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  22. Du droit d'être étranger, Essai sur le concept kantien d'un droit cosmopolitique.Stéphane Chauvier - 1998 - Revue de Métaphysique et de Morale 3:446-447.
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  23. Refugee Rights: Against Expanding the Definition of a “Refugee” and Unilateral Protection Elsewhere.Max Cherem - 2016 - Journal of Political Philosophy 24 (2):183-205.
  24. Huemer on Immigration and the Preservation of Culture.Rafael De Clercq - 2017 - Philosophia 45 (3):1091-1098.
    Libertarian philosopher Michael Huemer has argued recently that there is a prima facie right to immigrate, and, moreover, that concerns people have about the effects of immigration are not strong enough to neutralize or override this prima facie right. In this paper, I focus on one particular concern that Huemer deems insufficiently strong to neutralize or override the prima facie right to immigrate, namely, the concern that unrestricted immigration poses a threat to one’s culture. I argue that Huemer fails to (...)
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  25. Politiques d'irrégularisation par le travail: le cas de la France.Speranta Dumitru & Caroline Caplan - 2017 - In Cohérence et incohérence dans la géstion des migrations et de l'intégration. Montreal: Éditions Thémis. pp. 267-289.
    Dans l’opinion publique, la migration « irrégulière » est associée à l’entrée et au séjour non autorisés. Un nombre croissant d’études indiquent toutefois qu’elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d’immigration « irrégulière ». En effet, la multiplication des conditions d’accès à l’autorisation de travail a pour effet de priver de droit au séjour des personnes autrement (...)
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  26. International Migration and Human Rights.Luara Ferracioli - forthcoming - In Oxford Handbook of International Political Theory. Oxford University Press.
    In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...)
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  27. Family Migration Schemes and Liberal Neutrality: A Dilemma.Luara Ferracioli - 2016 - Journal of Moral Philosophy 13 (5):553-575.
    In this essay, I argue that the privileging of romantic and familial ties by those who believe in the liberal state’s right to exclude prospective immigrants cannot be justified. The reasons that count in favour of these relationships count equally in favour of a great array of relationships, from friends to creative collaborators, and whatever else falls in between. The liberal partialist now faces a dilemma, either the scope of the right to exclude is much more limited or much broader (...)
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  28. Vulnerable Populations and the Duty to Exclude.Luara Ferracioli - 2016 - Journal of Ethics and Global Politics 9 (1):33501.
    How should states respond to the departure of talented individuals from the developing to the developed world--the so-called brain drain? In Debating Brain Drain, Gillian Brock and Michael Blake investigate whether restrictions on emigration can be justified in order to avoid the harmful effects of the brain drain. In this piece, I argue that the question of whether states have the right to limit the exit of their skilled citizens cannot be answered in isolation from the question of what global (...)
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  29. The Appeal and Danger of a New Refugee Convention.Luara Ferracioli - 2014 - Social Theory and Practice 40 (1):123-144.
    It is widely held that the current refugee Convention is inadequate with respect to its specification of who counts as a refugee and in its assignment of responsibility concerning refugees to states. At the same time, there is substantial agreement among scholars that the negotiation of a new Convention would lead states to extricate themselves from previously assumed responsibilities rather than sign on to a set of more desirable legal norms. In this paper, I argue that states should ultimately negotiate (...)
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  30. On the Rights of Temporary Migrants.Luara Ferracioli & Christian Barry - forthcoming - The Journal of Legal Studies.
    Temporary workers stand to gain from temporary migration programs, which can also benefit sender and recipient states. Some critics of temporary migration programs, however, argue that failing to extend citizenship rights or a secure pathway to permanent residency to such migrants places them in an unacceptable position of domination with respect to other members of society. We shall argue that access to permanent residency and citizenship rights should not be regarded as a condition for the moral permissibility of such programs. (...)
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  31. Migration in Political Theory: The Ethics of Movement and Membership.Sarah Fine & Lea Ypi (eds.) - 2016 - Oxford University Press UK.
    Written by an international team of leading political and legal theory scholars whose writings have contributed to shaping the field, Migration in Political Theory presents seminal new work on the ethics of movement and membership. The volume addresses challenging and under-researched themes on the subject of migration, and debates the question of whether we ought to recognize a human right to immigrate, and whether it might be legitimate to restrict emigration. The authors critically examine criteria for selecting would-be migrants, and (...)
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  32. Direito de excluir ou dever de acolher? A migração forçada como questão ética.Paolo Gomarasca - 2017 - REMHU 50 (25):11-24.
    The first aim of this paper is to examine if and why the European reaction to the migration crisis of 2015 can be considered anti-ethical. In order to argue this, the paper discusses the Global Approach to Migration and Mobility (GAMM), which since 2005 has been the EU's overall framework for migration and asylum policies. The second aim of the paper is to justify that an ethics of migration is possible, arguing in favor of the thesis that caring for refugees (...)
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  33. Multiculturalism or Hybridisation? Cultural Mixing and Politics.Paolo Gomarasca - 2013 - Diversities 15 (2):67-80.
    The aim of this article is to analyze the recent debate on the end of multiculturalism. It has become a commonplace to say that multiculturalism has failed because of its presumed differentialism, i.e. its tendency to conceive different cultures as cognitive islands. The competing model is characterized by an intercultural approach. The article firstly intends to demonstrate that this is a false alternative within limits. Contrary to popular caricature, one version of multiculturalism is in fact attuned to the emphasis on (...)
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  34. Should Irish Emigrants Have Votes? External Voting in Ireland.Iseult Honohan - 2011 - Irish Political Studies 26 (4):545-561.
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  35. The Right to Move Versus the Right to Exclude: A Principled Defense of Open Borders.Michael Huemer - manuscript
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  36. Who is My Neighbor? A Communitarian Analysis of Access to Health Care for Immigrants.Mark G. Kuczewski - 2011 - Theoretical Medicine and Bioethics 32 (5):327-336.
    Immigrants lacking health insurance access the health care system through the emergency departments of non-profit hospitals. Because these persons lack health insurance, continued care can pose challenges to those institutions. I analyze the values of our health care institutions, utilizing a Walzerian approach that describes its appropriate sphere of justice. This particular sphere is dominated by a caring response to need. I suggest that the logic of this sphere would be best preserved by providing increased access to health insurance to (...)
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  37. Frontier Justice: The Global Refugee Crisis and What to Do About It.Andy Lamey - 2011 - University of Queensland Press/Doubleday Canada.
    But Frontier Justice does not merely point out problems. This book offers a bold case for an original solution to the international asylum crisis, one which draws upon Canada's unique approach to asylum-seekers.
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  38. The Place of Persecution and Non-State Action in Refugee Protection.Matthew Lister - 2016 - In Alex Sager (ed.), The Ethics and Politics of Immigration: Core Issues and Emerging Trends. Lanham, MD, USA: Rowman & Littlefield. pp. 45-60.
    Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...)
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  39. Climate Change Refugees.Matthew Lister - 2014 - Critical Review of International Social and Political Philosophy 17 (5):618-634.
    Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, "Who Are Refugees?", I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who can only be helped by granting them (...)
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  40. Who Are Refugees?Matthew Lister - 2013 - Law and Philosophy 32 (5):645-671.
    Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all (...)
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  41. Immigration, Association, and the Family.Matthew Lister - 2010 - Law and Philosophy 29 (6):717-745.
    In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what (...)
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  42. The Rights of Families and Children at the Border.Matthew J. Lister - 2018 - In Philosophical Foundations of Children's and Family Law. pp. 153-170.
    Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration standing (...)
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  43. “Dreamers” and Others: Immigration Protests, Enforcement, and Civil Disobedience.Matthew J. Lister - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):15-17.
    In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this country while (...)
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  44. Justice and Temporary Labor Migration.Matthew J. Lister - 2014 - Georgetown Immigration Law Review 29:95.
    Temporary labor migration programs have been among the most controversial topics in discussions of immigration reform. They have been opposed by many, perhaps most, academics writing on immigration, by immigration reform activists, and by organized labor. This opposition has not been without some good reasons, as many historical temporary labor migration programs have led to significant injustice and abuse. However, in this paper I argue that a well-crafted temporary labor migration program is both compatible with liberal principles of justice and (...)
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  45. A Rawlsian Argument for Extending Family-Based Immigration Benefits to Same-Sex Couples.Matthew J. Lister - 2007 - University of Memphis Law Review 37 (Summer):763-764.
    In this paper I argue that anyone who accepts a Rawlsian account of justice should favor granting family-based immigration benefit to same-sex couples. I first provide a brief over-view of the most relevant aspects of Rawls's position, Justice as Fairness. I then explain why family-based immigration benefits are an important topic and one that everyone interested in immigration and justice must consider. I then show how same-sex couples are currently systematically excluded from the benefits that flow from family-based immigration rights. (...)
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  46. Philosophy of Race and the Ethics of Immigration.José Jorge Mendoza - 2018 - In Paul C. Taylor, Linda Martín Alcoff & Luvell Anderson (eds.), The Routledge Companion to the Philosophy of Race. Routledge.
    In this chapter I attempt to provide a general overview of the philosophical literature on immigration from both an ethics of immigration and philosophy of race perspective. I then try to make the case that putting these two literatures into conversation would be fruitful. In particular, that it could provide an underappreciated argument for limiting the discretion states are normally thought to enjoy with respect to immigration.
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  47. The Contradiction of Crimmigation.José Jorge Mendoza - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):6-9.
    This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...)
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  48. Discrimination and Immigration.José Jorge Mendoza - 2018 - In Kasper Lippert-Rasmussen (ed.), The Routledge Handbook of the Ethics of Discrimination. Routledge.
    In this chapter, I outline what philosophers working on the ethics of immigration have had to say with regard to invidious discrimination. In doing so, I look at both instances of direct discrimination, by which I mean discrimination that is explicitly stated in official immigration policy, and indirect discrimination, by which I mean cases where the implementation or enforcement of facially “neutral” policies nonetheless generate invidious forms of discrimination. The end goal of this chapter is not necessarily to take a (...)
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  49. The Moral and Political Philosophy of Immigration: Liberty, Security, and Equality.José Jorge Mendoza - 2016 - Lexington Books.
    José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is, at its core, a problem of philosophy. This book brings into dialogue various contemporary philosophical texts that deal with immigration to provide some normative guidance to immigration policy and reform.
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  50. Illegal: White Supremacy and Immigration Status.Jose Jorge Mendoza - 2016 - In Alex Sager (ed.), The Ethics and Politics of Immigration: Core Issues and Emerging Trends. London, UK: Rowman & Littlefield International. pp. 201-220.
    This chapter looks at the history of US citizenship and immigration law and argues that denying admission or citizenship status to certain groups of people is closely correlated to a denial of whiteness. On this account whiteness is not a fixed or natural concept, but instead is a social construction whose composition changes throughout time and place. Understanding whiteness in this way allows one to see how white supremacy is not limited merely to instances of racism or ethnocentrism, but can (...)
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