Global migration raises important ethical issues. One of the most significant is the question of whether liberal democratic societies have strong moral obligations to admit immigrants. Historically, most philosophers have argued that liberal states are morally free to restrict immigration at their discretion, with few exceptions. Recently, however, liberal egalitarians have begun to challenge this conventional view in two lines of argument. The first contends that immigration restrictions are inconsistent with basic liberal egalitarian values, including freedom and moral equality. The (...) second maintains that affluent, liberal democratic societies are morally obligated to admit immigrants as a partial response to global injustices, such as poverty and human rights violations. This article surveys the main philosophical arguments for these positions on immigration and discusses the critical responses to these arguments. (shrink)
Wellman argues that legitimate states have a presumptive right to close their borders, excluding all prospective immigrants. He maintains that this right is not outweighed by egalitarian considerations because societies can fulfill their duties to outsiders by transferring aid instead of opening borders. I argue that societies cannot discharge their egalitarian duties by providing aid in at least two cases: when opening borders is the only way to fulfill these duties, and when transferring aid is inconsistent with egalitarian commitments. I (...) also consider additional, non-egalitarian moral considerations that may justify a duty to maintain open borders. I conclude that Wellman fails to prove that states have an actual, all things considered right to close their borders. (shrink)
Wellman argues that legitimate states have a presumptive right to close their borders, excluding all prospective immigrants. He maintains that this right is not outweighed by egalitarian considerations because societies can fulfill their duties to outsiders by transferring aid instead of opening borders. I argue that societies cannot discharge their egalitarian duties by providing aid in at least two cases: when opening borders is the only way to fulfill these duties, and when transferring aid is inconsistent with egalitarian commitments. I (...) also consider additional, non-egalitarian moral considerations that may justify a duty to maintain open borders. I conclude that Wellman fails to prove that states have an actual, all things considered right to close their borders. (shrink)
This paper raises two objections to the freedom of movement argument from the perspective of nonideal philosophy: the argument cannot provide a means for establishing admissions priorities when all prospective immigrants cannot be admitted and it ignores alternative grounds for moral claims to admission in the context of histories of injustice. I develop an alternative admissions-guiding principle that assigns strong moral claims to admission to certain prospective immigrants based on a global extension of the no-harm principle. It claims that a (...) society must admit prospective immigrants if admission is necessary either to prevent that society from harming those immigrants or to compensate immigrants whom it has already harmed. States must fulfill these duties before they may legitimately use immigrant admissions policy in service of other national goals, including the advancement of economic interests. (shrink)
In response to the concern that ethnically diverse immigrants are not being sufficiently integrated into receiving liberal democratic societies, liberal nationalists have offered two specific naturalization policy proposals. The first would require naturalizing immigrants to assimilate the national culture of the receiving society; the second would encourage newcomers to adopt the prevailing civic national identity. This paper rejects these proposals. In contrast to liberal nationalists, I deny that good citizenship presupposes a common culture or civic national identity and I develop (...) a non-nationalist naturalization model that would encourage immigrants to become integrated into liberal democratic societies by participating in their major socio-economic and political institutions and practices. (shrink)
Toward a Nonideal Approach to Immigration Justice.Shelley Wilcox - 2018 - In David Boonin, Katrina L. Sifferd, Tyler K. Fagan, Valerie Gray Hardcastle, Michael Huemer, Daniel Wodak, Derk Pereboom, Stephen J. Morse, Sarah Tyson, Mark Zelcer, Garrett VanPelt, Devin Casey, Philip E. Devine, David K. Chan, Maarten Boudry, Christopher Freiman, Hrishikesh Joshi, Shelley Wilcox, Jason Brennan, Eric Wiland, Ryan Muldoon, Mark Alfano, Philip Robichaud, Kevin Timpe, David Livingstone Smith, Francis J. Beckwith, Dan Hooley, Russell Blackford, John Corvino, Corey McCall, Dan Demetriou, Ajume Wingo, Michael Shermer, Ole Martin Moen, Aksel Braanen Sterri, Teresa Blankmeyer Burke, Jeppe von Platz, John Thrasher, Mary Hawkesworth, William MacAskill, Daniel Halliday, Janine O’Flynn, Yoaav Isaacs, Jason Iuliano, Claire Pickard, Arvin M. Gouw, Tina Rulli, Justin Caouette, Allen Habib, Brian D. Earp, Andrew Vierra, Subrena E. Smith, Danielle M. Wenner, Lisa Diependaele, Sigrid Sterckx, G. Owen Schaefer, Markus K. Labude, Harisan Unais Nasir, Udo Schuklenk, Benjamin Zolf & Woolwine (eds.), The Palgrave Handbook of Philosophy and Public Policy. Springer Verlag. pp. 185-197.details
Critics of so-called ideal theory argue that prevailing liberal egalitarian principles were constructed under idealized assumptions and thus are ill suited to real-world circumstances where such assumptions do not apply. Specifically, they raise three related objections: ideal theory cannot help us understand current injustices in the actual, nonideal world, ideal principles are not sufficiently action-guiding, and ideal theory tends to reflect and perpetuate unjust group privilege. This chapter explores recent philosophical work on immigration in light of these criticisms. I argue (...) that prominent arguments on both sides of the open borders debate are subject to the standard criticisms of ideal theory and thus that a nonideal approach to migration justice is urgently needed. I suggest several methodological desiderata for such an approach. (shrink)
This chapter critiques neonativist ideologies and immigration legislation through the intersecting lenses of gender, ethnicity and race, class, and immigration status. I argue that neonativist immigration legislation is persistently, though covertly, biased again women immigrants, and arguments in defense of such exclusionary legislation rest on insupportable normative assumptions concerning the proper aims of immigration policy and the rights of resident noncitizens.
In Justice for People on the Move, Gillian Brock develops a promising, original account of migration justice. In her view, states have a robust (though conditional) right to self-determination, which includes a reasonably strong right to regulate migration. However, in order for these rights to be justified, three legitimacy requirements must be met. Most obviously, states must respect the human rights of their own citizens and the international state system itself must be legitimate. This latter condition also requires states to (...) do their part in sustaining a justified state system, which includes helping to alleviate “legitimacy gaps,” including significant human rights violations in other states. Brock uses this framework to address several pressing migration-related policy issues, including Muslim bans, the deportation of unauthorized migrants, temporary labor migration, and refugee protection. However, one topic is notably absent from her analysis: climate-related displacement. Some theorists insist that climate change migrants should not be considered refugees because they do not fit the standard definition of a refugee. In particular, climate migrants were displaced by droughts, floods, storms, or sea level rise rather than by war or persecution, and many are able to remain in their homes at present but will be forced to relocate at some point in the future. This paper explores the implications of Brock’s theory of migration justice for climate migration. I suggest that although her approach to refugee protection may initially appear to exclude climate migrants, her understanding of right to self-determination yields strong obligations to assist them. I take this to be a strength of her framework, which makes an important, albeit indirect, contribution to current debates on climate change migration. (shrink)
In its broadest sense, globalization refers to the economic, social, cultural, and political processes of integration that result from the expansion of transnational economic production, migration, communications, and technologies. This article outlines the ways in which predominantly Western feminist philosophers have articulated and addressed the challenges associated with its economic and political dimensions.
The ethics of immigration has emerged as a topic of considerable interest among political philosophers. The subject includes normative questions related to various dimensions of global migration, including territorial admissions, admission to citizenship, and the rights and duties of noncitizen residents. The central issue in these debates is whether liberal democratic states have a moral right to restrict immigration. On one side of the issue, philosophers argue that states have a moral right to exclude immigrants in most cases. On the (...) other, proponents insist that a commitment to fundamental liberal values, such as freedom and equality, requires states to maintain mostly open borders. This chapter surveys the main lines of argument in this debate, along with recent contributions by feminist philosophers. (shrink)
Critics of ideal theory typically argue that prevailing liberal egalitarian principles were constructed under idealized assumptions and are thus ill suited to real-world circumstances where such assumptions do not apply. Specifically, they raise three related objections: (1) ideal theory cannot help us understand current injustices in the actual, nonideal world; (2) ideal principles are not sufficiently action-guiding; and (3) ideal theory tends to reflect and perpetuate unjust group privilege. This chapter explores recent philosophical work on borders and immigration in light (...) of these criticisms. I argue that prominent arguments on both sides of the open borders debate are subject to the standard criticisms of ideal theory, and thus that a nonideal approach to migration justice is urgently needed. I conclude by suggesting several methodological desiderata for such an approach. (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)
This chapter employs an intersectional, transnational feminist lens to examine the uneven impacts of paid domestic labor. I argue that the practice contributes to the exploitation of domestic workers by employers, migrants by US citizens, and ultimately, the global South by the global North. I recommend several policy reforms to remedy these injustices.
Feminist philosophical approaches to migration justice typically employ nonideal methodologies and relational normative frameworks to theorize the complex relationships among intersecting social identities, structural injustice, and global migration. This chapter discusses three such feminist approaches. The first investigates the connections between structural injustice and migration policy, focusing on immigrant admissions and refugee determination. The second explores the feminization of labor migration, with an emphasis on global care chains. Finally, the third feminist approach employs intersectional methodologies to argue that specific US (...) immigration policies work to the detriment of migrant women, particularly women of color. (shrink)