What moral standards ought nation-states abide by when selecting immigration policies? Peter Higgins argues that immigration policies can only be judged by considering the inequalities that are produced by the institutions - such as gender, race and class - that constitute our social world.Higgins challenges conventional positions on immigration justice, including the view that states have a right to choose whatever immigration policies they like, or that all immigration restrictions ought to be eliminated and borders (...) opened. Rather than suggesting one absolute solution, he argues that a unique set of immigration policies will be just for each country. He concludes with concrete recommendations for policymaking. (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)

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)

Social media platforms have become crucial channels for radical right populist leaders to broadcast anti-immigrant views. These politicians employ various rhetorical appeals, such as pathos (emotional language), logos (logical arguments), and ethos (speaker credibility), to sway public opinion. This study considers the anti-immigrant rhetoric of prominent European populist radical right leaders across X, Instagram, and Facebook, analysing the prevalence of these rhetorical strategies across different platforms. From the perspective of mediatization theory, politicians can adjust their messages to fit with the (...) design and formats of various social media platforms. Party leaders often resort to emotional appeals on X, with its limited space for communication, as well as on Facebook, where emotional interaction buttons and discussion features can encourage emotional rhetoric as well. Logical appeals (logos) are common on platforms such as Facebook and X, which offer options to easily share information in the form of texts and links. Additionally, ethos, associated with speaker’s credibility, is common in posts on platforms that facilitate closer engagement with the party leaders’ constituents, such as Facebook and Instagram. These findings underscore the importance of considering platform design when shaping political communication strategies. (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.

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)

Consequentialist cosmopolitanism, Peter Higgins argues, enables closed border liberals to evade charges of moral hypocrisy despite their commitment to moral equality of individuals, once we recognize that open border arguments rely on cosmopolitanism’s individualism requirement, which ignores social realities relevant to a realistic assessment of the social consequences of an open immigration policy. Higgins is mistaken, however, in contending that cosmopolitan individualism entails attention to people only in their capacity as the abstract atomic individuals populating Charles Mills’ idealized social (...) ontologies. Conversely, if cosmopolitan individualism does compel us to think of people as abstract atomic individuals, we are not obliged to think of them as relatively privileged. Under liberal cosmopolitanism, however, which prohibits state discrimination between citizens and non-citizens, open border policies are subject to no such consequentialist objections. (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)

U.S. immigration law has excluded noncitizens likely to become a “public charge” since 1882. When the Trump administration proposed a new Rule expanding the interpretation of that exclusion in 2018, over 55,000 people wrote public comments. These comments, overwhelmingly opposed to the change, are the subject of Rachel Fabi and Lauren Zahn’s insightful article in this issue of The Journal of Law, Medicine, and Ethics. The themes they identify resonate with the history of the public charge exclusion, which has (...) always reflected a tension between two aims of American governance — to provide for those in need of assistance, and to shape the nation’s citizenry according to ideals of self-sufficiency. (shrink)

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

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)

Purpose– Investments in the technologies of borders and their securitisation continue to be a focal point for many governments across the globe. This paper is concerned with a particular example of such technologies, namely, “Big Data” analytics. In the past two years, the technology of Big Data has gained a remarkable popularity within a variety of sectors, ranging from business and government to scientific and research fields. While Big Data techniques are often extolled as the next frontier for innovation and (...) productivity, they are also raising many ethical and political issues. The aim of this paper is to consider some of these issues and provide a critical reflection on the implications of using Big Data for the governance of borders.Design/methodology/approach– The author draws on the example of the new Big Data solution recently developed by IBM for the Australian Customs and Border Protection Service. The system, which relies on data collected from Passenger Name Records, aims to facilitate and automate mechanisms of profiling enable the identification of “high-risk” travellers. It is argued that the use of such Big Data techniques risks augmenting the function and intensity of borders.Findings– The main concerns addressed here revolve around three key elements, namely, the problem of categorisation, the projective and predictive nature of Big Data techniques and their approach to the future and the implications of Big Data on understandings and practices of identity.Originality/value– By exploring these issues, the paper aims to contribute to the debates on the impact of information and communications technology-based surveillance in border management. (shrink)

Immigrant and refugee presence in western nation-states challenges symbolic national boundaries and is perceived as a threat to the dominant majorities. In this context, hate speech is reinforced in the form not only of violent racist acts (hard hate speech) but mostly of mitigated rejection and covert discriminatory practices (soft hate speech). In both cases, hate speech draws on and simultaneously entrenches national discourse aiming to represent the nation as a linguaculturally homogeneous entity. Studies concentrating on hate speech usually investigate (...) public discourse produced by adults. The present study explores the reproduction of (soft) hate speech among immigrant students within the Greek educational context. Adopting a critical discourse-analytic perspective, we employ analytical tools from the Discourse-Historical Approach allowing us to trace how specific discursive strategies contribute to the reproduction of soft hate speech, which seems to draw on national discourse in the form of either racist discourse or humanitarian discourse. (shrink)

Using testimonies from immigrants and examples of immigrant policies, this book proposes an interdisciplinary, feminist approach to immigration justice.

The article sets out a critical assessment of recent public reactions in Germany upon taking in large numbers of refugees since 2015, which have been swaying between moralisation and resentment. In this situation, public theology should ask how hospitality is linked to the perceived identity of a society and to its perception of who belongs, and what role Christianity might play in these debates. Drawing on a phenomenological perspective within contemporary German philosophy (Bernhard Waldenfels), and contrasting this perspective with historical (...) and contemporary voices on migration within political philosophy (Georg Simmel, Michael Walzer), the article explores what the concepts of stranger, member and guest imply for the relation of ‘us’ to ‘the other’. From this, I derive a suggestion as to how Christian theology could contribute to a change in the self-perception of society, centred around the seemingly paradoxical concept of ‘belonging in not-belonging’. (shrink)

This study explores how Asian American experiences are depicted in four high school U.S. history textbooks and four middle school U.S. history textbooks used in Virginia. The analytic framework was developed from the scholarship of collective memories and histories of immigration in Asian American studies. Content analysis of the textbooks suggests the overall narrative of Asian American history in U.S. history textbooks aligns with the grand narrative of American history, that is, the “story of progress.” This major storyline of (...) Asian Americans – that they suffered from nativist racism and discrimination for a long time, overcame these obstacles through their hard work and efforts, and achieved the American dream – fits well into the master narrative of American progress, highlighting the process of their belonging to the U.S. as citizens. This storyline misrepresents the realities and diversity among Asian ethnic groups and their migration histories as well as the fluid nature of their identities across national borders. These findings stress the continued challenges in representing Asian American experiences as well as other marginalized groups in U.S. history textbooks. (shrink)

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)

The fourth-century B.C. was a period during which a large number of Greek cities were affected by civil wars, military conquests, and destruction, with the displacement of large numbers of men, women and children as a result. This has implications for the modern debate on Athenian attitudes to immigration, which normally focuses on just two groups of free non-citizens: adult, able-bodied men who moved to Athens voluntarily to take advantage of the city’s economic opportunities and on the free non-citizen (...) population who had come to Athens as slaves and who stayed on after their manumission. This article argues that refugees were likely to have constituted a considerable component of the migration to Athens during certain troubled periods in the course of the fourth century. This means that the size of Athens’s immigrant population was likely to have fluctuated considerably, that many of the refugees would have been destitute, that women and children may have made up an even greater proportion of the non-citizen population than normally assumed, and, thus, that a considerable number of these immigrants would not have been able to contribute substantially to Athens’s grain trade or military. The implications of this for our assessment of the Athenian motives for admitting groups of refugees are discussed, and it is argued that the requirement that all male and all unaccompanied female immigrants had to find an Athenian sponsor and pay a special metic tax may have constituted a certain level of control over immigrant numbers. (shrink)

Can a liberal state exclude illiberal immigrants in order to preserve its liberal status? Hrishikesh Joshi has argued that liberalism cannot require a commitment to open borders because this would entail that liberalism is committed to its own demise in circumstances in which many illiberal immigrants aim to immigrate into a liberal society. I argue that liberalism is committed to its own demise in certain circumstances, but that this is not as bad as it may appear. Liberalism’s commitment to its (...) own demise is merely a reflection of the fact that it must take into account the rights of outsiders, not just the rights of existing citizens, and of the fact that circumstances of injustice can sometimes leave liberal societies with no correct choice. (shrink)

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

There are now over 1.1 million people overseen by Immigration and Customs Enforcement (ICE), with about 33,000 detained in jails and federal detention centers around the country at any particular time. The average detention time is two months, but some are detained for much longer periods. Since its inception, one hundred and twenty one deaths and countless cases of medical neglect have occurred. Given its secrecy, and lack of accountability and oversight, it is not clear how many of these (...) deaths are the result of grossly inadequate medical care. ICE is a branch of a government agency in a democratic country, thus the citizens on whose behalf it allegedly operates have an obligation to ensure that it operates in conformity with the fundamental principles of justice on which this nation was founded. ICE is a young and rapidly growing bureaucracy with little oversight. It operates using a mix of federal, state, local and private centers, many of which are penal institutions. It has a history of serious abuse, and even when it operates in conformity with its penal standards, it inflicts additional harm onto vulnerable people, especially asylum seekers and parents of minor children. It thus requires our constant vigilance and concern. Our immigration policies and detention practices are deeply troubling, but until we elect to reform them, we have a special obligation to the vulnerable populations that we house in ICE detention. (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)

Austrian immigration authorities frequently reject the family reunion applications of immigrant workers. They justify their decisions not only on legal grounds but also on the basis of their own often prejudiced judgements of the applicants' ability to `integrate' into Austrian society. A discourse-historical method is combined with systemic-functionally oriented methods of text analysis to study the official letters which notify immigrant workers of the rejection of their family reunion applications. The systemic-functionally oriented methods are used in a detailed analysis (...) of a sample of rejection letters while the discourse-historical method allows this analysis to be intertextually connected to other related genres of discourse and strategies of argumentation, and to the history of post-war immigration in Austria generally. (shrink)

Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...) We then argue that getting immigrants to undertake such obligations is morally wrong. This is because it makes immigrants’ political obligations more burdensome than those of natural-born citizens. We conclude that the practice of getting immigrants to undertake such obligations should be abolished. (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)

In his book Loving Immigrants in America: An Experiential Philosophy of Personal Interaction, Daniel Campos shares a refreshing sentiment: "I cannot argue others into understanding my experience; I can only convey and reflect upon it, so that a critical dialogue can ensue". Campos's first-person narrative is intimate, vulnerable, and honest. Over fifteen chapters, Campos writes about his experience as an immigrant in the United States and memories of growing up in Costa Rica.Campos shares with us the process of his decision (...) to come to the United States. This entailed a series of events such as being captivated by the movie Dead Poets Society when Campos was still in high school. After watching this movie, he... (shrink)

This article examines how immigrant careworkers relate dynamically with the Norwegian gender regime. While the importation of careworkers contributes both to the practical maintenance and to the undermining on a more ideological level of the Norwegian gender regime, it also brings in new constellations and possibilities. In this article examples from two studies are discussed in the light of institutional and intersectional perspectives. It describes features of the Norwegian gender regime that are especially relevant to carework, and the highly gendered (...) distribution and sharing of carework across the public and private domains. One central Norwegian form of care institution, the nursing home, then comes into focus. Making use of empirical examples from fieldwork and interviews, the article discusses how, as immigrant careworkers increasingly staff these institutions, new light is thrown on existing power structures, while at the same time these structures may be challenged through the fluidity of situational and relational gendering processes. (shrink)

International borders concentrate opportunities in some societies while limiting them in others. Borders also prevent those in the less favored societies from gaining access to opportunities available in the more favored ones. Both distributive effects of borders are treated here within a comprehensive framework. I argue that each state should have broad discretion under international law to grant or deny entry to immigration seekers; but more favored countries that find themselves under immigration pressure should be legally obligated to (...) fund development assistance for countries that generate immigration pressure. Funding should be subject to conditions of fair and effective use in recipient countries, and should aim at a near-term target of immigration-pressure equilibrium. Equilibrium obtains between two countries when, given appropriate background circumstances, the same proportion of individuals in each manifests a preference to migrate to the other. If meeting the equilibrium target in the short term would be to the long-term disadvantage of the worst-off countries, then a Pareto-superior alternative target supersedes. It mandates development assistance at the level that yields the most favorable human development projections for the worstoff countries. An implementable set of institutions is described that can achieve the equilibrium goal in the long term without unduly sacrificing other important ends, including economic growth, political stability, cultural integrity, the political autonomy of distinct societies, and their proper accountability for policy choices. Key Words: global justice • immigration • borders • development • distributive justice • development assistance • equality • international law • cosmopolitanism. (shrink)