Law and Philosophy 29 (6):717-745 (2010)
AbstractIn 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 follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why it ought to have a privileged place in our discussion of the topic. I further show why this style of argument neither allows states to limit nearly all immigration nor requires them to have almost no limits on immigration. I conclude by showing that all states must allow some degree of family-based immigration, and that this is a duty owed not to ‘outsiders’ seeking to enter, but rather to current citizens
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References found in this work
National Self-Determination.Avishai Margalit & Joseph Raz - 1990 - Journal of Philosophy 87 (9):439-461.
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.