This chapter contains sections titled: Political Equality and Moral Equality Cosmopolitanism and Open Borders Partiality and Restrictions on Immigration Conclusion.

Normative reflection on the ethics of migration has tended to remain at the level of abstract principle with limited attention to the practice of immigration administration and enforcement. This paper explores the implications of this practice for an ethics of immigration with particular attention to the problem of bureaucratic domination. I contend that migration administration and enforcement cannot overcome bureaucratic domination because of the inherent vulnerability of migrant populations and the transnational enforcement of border controls by multiple public and private (...) actors. The implication is that even if restrictive immigration policies are permissible in principle, the attempt to enforce them leads to injustices that make them ethically unacceptable in practice. (shrink)

This paper proposes a methodological synthesis in order to study multimodal media discourse and argumentation in the context of the so-called ‘refugee crisis’ in Greece. It follows the framework of Multimodal Critical Discourse Analysis, integrating this with argumentation studies, with a particular emphasis on the analysis of inference. Our data come from the Greek newspapers Kathimerini and Ta Nea. We contend that the proposed methodological synergy enables scrutiny of (a) racist conceptualizations cultivated by the representation of migrants and refugees in (...) headlines and photographs in newspaper articles along with (b) the argumentative potential that is implicitly sustained in these multimodal representations. (shrink)

The notion that immigrants have a right to immigrate to the U.S. appears to conflict with the government’s or citizens’ property rights. Michael Huemer has given one of the most interesting and provocative arguments on immigration in years. It turns the dominant view on its head. Unfortunately, the argument fails. U.S. citizens own land, individually, collectively, and via their government. For immigrants to gain a right to enter on it, Huemer must think that the landowners have lost their (...) rights to their land, the landowners’ rights are overridden, or the landowners’ rights are undermined. He does not show that any of these are true. A separate issue and one not discussed here is whether it is a wise policy to reduce or end immigration to the United States. (shrink)

This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be restricted in certain (...) extreme circumstances. Outside these circumstances, however, immigration restrictions are unjust. Having presented the argument for a human right to immigrate, the chapter responds to objections from distributive justice, culture and scarcity. (shrink)

This article by David Miller is widely considered a standard defense of the (once) conventional view on immigration restrictionism, namely that (liberal) states generally have free authority to restrict immigration, save for a few exceptions.

In philosophical debates about immigration, one of the most prominent arguments asserts that a state’s citizenry has a right to unilaterally control its territorial borders by virtue of its right to self-determination. This is the self-determination argument. The present article demonstrates that this argument is internally undermined by the Coercion Principle, according to which all persons subjected to coercive political power are entitled to an equal say in exercising that power. First, whichever way the self-determination argument identifies the relevant self-determining (...) self, it is bound to rely on the Coercion Principle. Specifying the self politically involves appealing to the Coercion Principle, as it is a core principle of democratic theory. Alternatively, specifying a pre-political self fails to circumvent this problem, as a similar issue arises further down the argumentative line, when inferring the right to unilaterally control borders from the right to self-determination. Finally, since border controls coerce would-be immigrants, this reliance on the Coercion Principle renders the self-determination argument self-defeating. (shrink)

with her usual concern with accuracy and clarity, Marilyn Fischer’s explanations are exemplary models of the value of historical scholarship. Concern with context in its many forms is integral to pragmatist philosophy, but the range and depth of Fischer’s research make her papers especially valuable. She helps us understand the extent to which the horizon of understanding is bounded by the particularities of time and place. Careful elucidation of less familiar concrete horizons can give us a better understanding of unfamiliar (...) beliefs and values and illuminate our own pre-suppositions.Such concreteness cuts two ways. It can re-invigorate current debates by challenging our assumptions of what particular texts mean .. (shrink)

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 (...) 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. (shrink)

The immigrant problem, one of the most striking socio-pathological events of our day, is more often raised in the context of political issues. While these debates are driven by local and political interests, what is hidden behind political calculations is the tragic position of the migrant. The migrant, who comes to the agenda with political debates, takes on an extremely negative image in terms of social relations. The problem with the sameness of "We" is that the "Other" or the immigrant, (...) as the expression of an element that is incompatible with the local culture, is pushed from the field of "I" into otherness, and is evaluated as an element of conflict that does not force the transformation of publicity on the social level. Although the interest-based determining power of politics has negative effects on the formation of sufficient human common sense regarding the problem, there is an intense debate in the philosophical literature on the basis of Immanuel Kant, Hannah Arendt, Emmanuel Lévinas. Most of the studies put forward in the context of associating the ideas put forward by the thinkers in question with immigration have kept the research deep but limited in scope. In our study, the subject was not deemed necessary in depth, it was sufficient to discuss the basic thinkers, views and the basic dynamics of the relevant views on the subject, and care was taken to outline the relevant literature. Levinas, who stands out as one of the dynamics of the basic literature on immigration and the emphasis on "Otherness", pointed to Western thought that did not prioritize ethical relations as the cause of the political crises of his time. Levinas tries to handle the problem of Otherness, which emerges as a political, ethical and legal problem of the tension that the "I"-centered way of thinking, which brings about sameness, will experience against the "Other", in a different way from the tradition of thought that prioritizes ontology. In the thought of Levinas, who considers the “Other” as an alternative field of sameness, the transcendence dimension of Otherness has the function of removing the Self from narcissism through the discovery or tension of the alterity in the "Other" rather than the sameness of the position of the "I" against the "Others". There is a belief that the "Other", embodied in transcendent Otherness, will lead to an act of unconditional hospitality in the "I". It can be seen that Arendt also discusses the problems that Levinas puts on the agenda. In the context of "Otherness", Arendt's criticisms of the concept of right, which manifests itself with a political ontological understanding rather than an ethical relationship as expressed in Levinas, are in question. Thus, while it becomes possible to question the legal structure that does not include the “Other” in the political sphere, the importance of the "Other" for political discourse is also revealed. At this point, conditional hospitality comes to the fore in the context of foreigner's right, which we encounter in Kant. However, Derrida, who would state that Levinas's unconditional hospitality had practical problems, also found Kant's conditional hospitality problematic. The immigrant, as the “Other” of our time, which is hoped to gain an ethical-political basis of thought in the context of the idea of hospitality, aims to re-discuss the idea of hospitality developed in the existing literature, while also being a call to produce thoughts on the philosophical understanding of the immigrant and the importance of creating a philosophy of immigration. (shrink)

According to the traditional state sovereignty view in the ethics of immigration literature, societies have a great deal of latitude in determining and implementing their immigration policies. This view is typically defended by appealing to the rights of members of societies, for instance to political self-determination. Opponents of the view have often criticized its partiality to members, arguing that nonmembers can also make stringent demands on societies to be admitted and given the same treatment in matters of immigration policy as (...) other nonmembers. In this paper, I take a different approach to responding to the state sovereignty view. I argue that even if we grant the premise that the rights of members generally trump the rights of nonmembers in matters of immigration policy, societies are greatly constrained in setting their immigration policies by considerations of domestic justice. The considerations that I focus on involve relationships between members and nonmembers that hold due to a shared quality or set of qualities on the basis of which members identify with nonmembers. The argument appeals to premises and principles that defenders of the state sovereignty view are committed to but concludes that this view cannot serve as a satisfactory framework for the normative assessment of immigration policies. (shrink)

By what moral standards must nation-states select immigration policies? A central contention of Immigration Justice is that the justice of an immigration policy can be ascertained only through consideration of the pervasive, systematic, and unjust inequalities engendered by the institutions that constitute our social world. Immigration policies affect people primarily as members of social groups demarcated from each other by members’ gender, race, and class. For this reason, this book argues that states’ selection of immigration policies is a matter of (...) structural justice, defending the cosmopolitan principle that immigration policies are not just if they avoidably harm social groups that are already unjustly disadvantaged. Via this principle, Immigration Justice challenges the three most widely-held views on immigration justice among philosophers, political theorists and the general public: the moral sovereignty of states view, on which states have moral discretion to select immigration policies by criteria of their own choosing; nationalism, on which states morally must choose immigration policies that promote the national interest; and open borders, the view that states morally ought to eliminate virtually all restrictions on immigration. Instead, this book argues, just immigration policies vary among states in accordance with a variety of contextual factors influencing their consequences for disadvantaged social groups. (shrink)

This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify immigration restrictions and show that each of (...) these arguments fails. My conclusion is that the nature and value of self-determination have to do with the conditions of genuine self-government, not membership of political society. Consequently, the demand for open borders is fully consistent with respect to self-determination. (shrink)

In the last decade, Venezuelans have faced a range of challenges such that by 2023, nearly 7.2 million have fled, the vast majority hosted within the region. One country particularly stands out: Colombia has accepted over 2.5 million. Colombia’s behaviour does not appear motivated by legal obligations or universal ethical principles; it is hard to make sense of in terms of international ethical and political theory. Rather, Colombian state and society make reference to mundane, localised concepts of friendship, fraternity and (...) the reciprocity of a shared history. Such everyday ethics is generally ignored in existing debates. I argue that immigration ethics could helpfully begin from concrete, everyday ethical behaviour rather than idealisation and abstraction. Instead of initially asking what states and societies should do regarding immigration, we could ask what do they already do, why and how? This article therefore explores how Colombian politicians and civil society actors understood their welcoming actions through an awareness of entangled histories, reciprocity, friendship and solidarity: everyday, vernacular ways in which responsibility-taking is rationalised and practiced. My argument is not that Colombia’s actions are normatively right, or an enactment of immigration justice. Rather, these actions were ambivalent: the messy, pragmatic result of negotiating different, competing responsibilities, principles and emotions. The results were imperfect, heavily gendered, but also unprecedented. Those advocating greater societal responsibility for immigrants would perhaps do best to look beyond the global north, shun the universal and start from local activities founded in vernacular, everyday ethics. (shrink)

marilyn fischer’s careful historiographical treatment of the ideas and life of Jane Addams deepens our understanding of Addams’s important work as a thinker and practitioner. The paper paints a picture of the ideological and sociological landscape of Addams’s world, paying close attention to the relationships Addams had with other prominent thinkers of the day, such as the African Americans W. E. B. Du Bois and Ida B. Wells-Barnett, as well as the pragmatist Josiah Royce. Fischer seems to have doubled aims (...) in the paper. On the one hand, she makes a set of claims that helps us understand Addams better as a historical thinker. On the other hand, the paper advances another set of claims about Addams’s relation to .. (shrink)

Standard economic models predict large economic gains from liberalized immigration. However, those models assume that immigrants would have no effect on the causes of economic prosperity in destination countries. Immigrants could reduce the quality of economic institutions in destination countries, thus undermining the economic gains from liberalized immigration. This paper uses an epidemiological model to investigate how heterogeneously distributed immigrants affected the economic institutions of American states over the 1980–2010 period under the assumption that institutions are highly (...) responsive to changes in the immigrant population. We find that state economic institutions do not change much in response to immigrants. (shrink)

Michael Dummett, philosopher and social critic, is also one of the sharpest and most prominent commentators and campaigners for the fair treatment of immigrants and refugees in Britain and Europe. This book insightfully draws together his thoughts on this major issue for the first time. Exploring the confused and often highly unjust thinking about immigration, Dummett then carefully questions the principles and justifications governing state policies, pointing out that they often conflict with the rights of refugees as laid down (...) by the Geneva Convention. With compelling and often moving examples, On Immigration and Refugees points a new way forward for humane thinking and practice about a problem we cannot afford to ignore. (shrink)

This book explores the constraints which justice imposes on immigration policy. Like liberal nationalists, Ryan Pevnick argues that citizens have special claims to the institutions of their states. However, the source of these special claims is located in the citizenry's ownership of state institutions rather than in a shared national identity. Citizens contribute to the construction and maintenance of institutions, and as a result they have special claims to these institutions and a limited right to exclude outsiders. Pevnick shows that (...) the resulting view justifies a set of policies - including support for certain types of guest worker programs - which is distinct from those supported by either liberal nationalists or advocates of open borders. His book provides a framework for considering a number of connected topics including issues related to self-determination, the scope of distributive justice and the significance of shared national identity. (shrink)

This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling duties (...) to assist the global poor. Since the human right to stay is entailed by values that feature prominently in the philosophical debate on immigration, the article further contends that participants in that debate have particular reason to reject the popular ‘choice view’ and endorse the alternative position presented in the article. (shrink)

The processes of post-socialist transformation, especially large-scale migration from Eastern Europe to the Western hemisphere, are creating an ‘expansion of space’ from the local to the supra-loca...

This chapter contains sections titled: Walzer and Miller: Nationalism and Solidarity Habermas and Gould: Open Borders and Human Rights Race, Immigration, and the American Exception Wider Applications? References.

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)

Approximately 47 million Latinos currently live in the United States, and nearly 25 percent of them are undocumented. The USA is a very different country from just a generation ago – culturally, socially, and demographically. Its presumed core values have been transformed largely by the changes wrought by immigration and ethnicity. A multicultural society has, in 2008, elected a multicultural president. This article examines immigration discourse, framed in terms of fear and security, and the evolution of the US immigration policy. (...) Latino immigration is presented as a force that has shaped the nation's past and continues to shape the economic, demographic, and cultural future of the United States. Psychological barriers to the social integration of immigrants are also explored. This article concludes that government policy makers should encourage a more tolerant, multicultural society by integrating Latino immigrants into the social, economic, and political fabric of the nation. (shrink)

To explain the correct libertarian approach to immigration, a thought-experiment posits a minimal-state libertarian UK and then the introduction of several relevant anti-libertarian policies with their increasingly disastrous effects. It is argued that the reverse of these imagined policies, as far as is politically possible, must be the correct way forward. This framing is intended to counter the tendency for many articles to misapply libertarian principles to the current messy situation on the mistaken assumption that a state need only stop (...) interfering without rectifying or adjusting for its previous interferences. The relevant parts of various open-border texts are then criticised in light of this and for other errors, in particular for overlooking the likely huge scale of immigration as indicated by Gallup surveys. Additional criticisms are addressed in footnotes throughout. The conclusion outlines three broad options on immigration and suggests that directionally-libertarian policies are both more libertarian and practical than having states open their borders. The readers that might be interested in this subject matter include those engaging in libertarian philosophy, economics, and political theory. (shrink)

Discharging a homeless patient from hospital raises ethical issues which are compounded when the patient is from outside the United Kingdom. This article begins with an extended case study of a 30-year-old homeless man from Lithuania describing his complex medical and social needs. It is best practice for all homeless patients to have their housing needs planned for prior to discharge, but this is made more difficult by the United Kingdom’s ‘hostile environment’ policy which creates a subclass of homeless people (...) who are not eligible for support. This means healthcare professionals discharge patients back to homelessness, even when this is likely to adversely affect their health and dignity both directly and indirectly through impairing access to care for chronic conditions. Policies in health and social care which compel professionals to treat some patients with second-class care undermine the ethics of healthcare professions. (shrink)

Zusammenfassung Sind Wettbewerbstrukturen tatsächlich günstig für Minderheiten, weil sie Diskriminierungsprozessen entgegenwirken? Diese zentrale sozialwissenschaftliche These wird in diesem Beitrag am Fall der Migranten im deutschen Ligenfußball empirisch überprüft. Es wird argumentiert, dass das Anwendungsfeld nahezu ideale Randbedingungen für einen Test liefert, da die relevanten Kapitalien nicht spezifisch für bestimmte Gesellschaften sind und da der Konkurrenzkampf in besonderer Weise institutionalisiert und legitimiert ist. Mit Daten der „Mannheimer Fußballstudie“ wird dann gezeigt, dass sich wichtige Folgerungen aus der Wettbewerbsthese grundsätzlich bestätigen lassen. Insbesondere (...) kann nachgewiesen werden, dass die sozialen Distanzen von Mitspielern, die subjektiv empfundenen Diskriminierungen der Migranten selbst sowie Benachteiligungen durch Jugendtrainer umso geringer sind, je höher das Ligenniveau - und damit der Konkurrenzdruck - ist. Somit kann durch die Wahl des Anwendungsfeldes ‘Sport’ ein seltener und wichtiger empirischer Befund für die Integrationsforschung im Allgemeinen geliefert werden. (shrink)

Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise (...) of their freedom on the basis of morally arbitrary features of their identity. Discrimination is permissible, I suggest, when it is necessary to advance a valuable exercise of the discriminating agent’s freedom. I then apply this account to the case of social cost health requirements. Against critics of these requirements, I argue that it is sometimes permissible for states to discriminate against prospective immigrants with disabilities. States may do so, I suggest, when such discriminatory treatment is necessary to prevent an increase in rates of mortality and/or morbidity amongst citizens. Alongside critics of social cost health requirements however, I argue that existing policies are likely a form of wrongful discrimination insofar as they are too broad to satisfy this standard. (shrink)

Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question.

Zusammenfassung Dem deutschen Fußball scheint es geradezu mühelos zu gelingen, Spielerinnen und Spieler mit Migrationshintergrund zu integrieren, was sich deutlich in der Zahl betreffender Spielerinnen und Spieler in den Auswahlmannschaften des Deutschen Fußball Bundes zeigt. Die Mannschaften des Deutschen Handball Bundes dagegen rekrutieren sich bislang ausschließlich aus rein deutschstämmigen Spielerinnen und Spielern. Beim Handballsport scheint es sich hierzulande bislang um etwas ausgesprochen „Deutsches“ zu handeln, mithin um eine Sportart, die fast 20 % der Bevölkerung kaum erreicht und dabei offenkundig sogar (...) die größte Migrantengruppe, nämlich diejenige mit muslimischem Hintergrund, so gut wie vollständig ausschließt. Der Aufsatz steckt sich das Ziel, all jene Mechanismen der Exklusion von Migranten im Handball zu identifizieren und in einem theoretischen Modell zusammenzufassen, die in Deutschland zur Unter- bzw. Nichtrepräsentanz von Spielerinnen und Spielern mit unterschiedlichem Migrationshintergrund im Handballsport beitragen. Aufbauend darauf werden Leitfragen für eine empirische Untersuchung der Exklusionsmechanismen abgeleitet. (shrink)

Carens has done more than any other political theorist or philosopher to develop the normative perspective of prospective migrants from within the liberal democratic tradition, but he has not sufficiently engaged with the other side of the argument – in particular, with the value of political community and the principle of collective self-determination. What is at stake for the immigrant-receiving country that might justify its claim to control immigration? I first examine Carens’ theory of social membership and its connection to (...) political community. I then discuss his method of ‘political theory from the ground up’ and his interpretation of democratic principles. I conclude with a discussion of the principle of collective self-determination. (shrink)

Suggests that illegal immigrants should be offered a path to citizenship.

Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, constraints on enforcement (...) by substate governments, and constraints on the actions of individuals. I show that there are significant limits on what states may do and what they may require substate governments and individuals to do, in enforcing their immigration laws, but that these constraints are not clearly incompatible with significant state discretion in setting immigration policy. Nonetheless, consideration of justice in enforcement is necessary for any complete normative account of immigration. (shrink)

¿Deben tener derecho los estados democráticos liberales a excluir a los inmigrantes de su territorio? Este artículo cuestiona dos argumentos centrales a favor del control de las fronteras: (1) el derecho exclusivo del estado al asentamiento en un determinado territorio; y (2) el derecho exclusivo de los ciudadanos y residentes legales a la pertenencia a dicho estado. El artículo muestra que los estados contemporáneos no mantienen una vinculación inexorable a un trozo particular de tierra que les permita justificar el derecho (...) exclusivo de asentamiento y que los habitantes no pueden defender coherentemente su restricción unilateral al acceso a la pertenencia. Para terminar, el artículo desarrolla una visión alternativa de los derechos territoriales estatales. (shrink)