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 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 also include instances of xenophobia. On this account, whiteness is more analogous to a braid of three interwoven strands: the racial strand (e.g., science, biology, or phenotypes), the ethnic strand (e.g., culture, customs, or heritage), and the national strand (e.g., territory, sovereignty, and citizenship). In emphasizing one or a combination of these strands, whiteness can be granted to social groups that previously were denied full white status, while at the same time it can be rescinded from groups that at different times and different places might have been considered (if only provisionally) white. Understanding whiteness in this way is important for dealing with issues of immigration and citizenship because it lets us see how nationality and xenophobia play a role in the construction of whiteness and thereby how terms like illegal help to reify the status of certain persons, including natural born citizens, as perpetual foreigners (i.e., non-whites). (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)

I argue for the importance of class-based analysis for analyzing the justice of migration policies. I contend that the abstract, liberal discourse of much writing on justice and immigration distorts our moral judgments. In contrast, I provide a class-based critique of the role of human capital in managed migration, drawing evidence from Canada’s Seasonal Agricultural Worker and Live-in Caregiver Programs. This reveals the domination and exploitation inherent in these migration policies and allows us to situate immigration in a (...) broader framework of global justice. (shrink)

This paper argues that the relevant unit of analysis for assessing the justice of an immigration policy is the socially-situated individual (as opposed to the individual simpliciter or the nation-state, for example). This methodological principle is demonstrated indirectly by showing how some liberal, cosmopolitan defenses of "open borders" and the alleged right of immigration fail by their own standards, owing to the implicit adoption of an inappropriate unit of analysis.

Several political theorists argue that states have rights to self-determination and these rights justify immigration restrictions. Call this: the self-determination argument for immigration restrictions. In this article, I develop an objection to the self-determination argument. I argue that if it is morally permissible for states to restrict immigration because they have rights to self-determination, then it can also be morally permissible for states to deport and denationalize their own citizens. We can either accept that it is permissible (...) for states to deport and denationalize their own citizens or reject the self-determination argument. To avoid this implication, we should reject the self-determination argument. That is, we should also reject the conclusion that rights to self-determination can justify any significant immigration restrictions. (shrink)

A large portion of normative philosophical thought on immigration seeks to address the question “What policies for admitting and excluding foreigners may states justly adopt?” This question places normative philosophical discussions of immigration within the boundaries of political philosophy, whose concern is the moral assessment of social institutions. Several recent contributions to normative philosophical thought on immigration propose to answer this question, but adopt methods of reasoning about possible answers that might be taken to suggest that normative (...) philosophical inquiry about immigration belongs to the field of ethics, whose concern is the moral assessment of individual action and character. This paper focuses particularly on recent work by Christopher Heath Wellman and Kieran Oberman, both of whom attempt to derive conclusions about the justice of aspects of states’ immigrant admissions policies from answers to the question “Is it morally permissible for person P to migrate internationally?” I argue in this paper that such individualist ethical approaches to normative philosophical reasoning about states’ immigration policies obscure factors consideration of which is indispensable for assessing their justice, producing misguided policy recommendations. These factors include the global structural causes of international migration, and the role wealthy receiving countries of the global North play in shaping these causes – factors that are better appreciated by political philosophy than by ethics, given the respective objects of concern of each. (shrink)

The mass movement of people across the globe constitutes a major feature of world politics today. -/- Whatever the cause of the movement - often war, famine, economic hardship, political repression or climate change - the governments of western capitalist states see this 'torrent of people in flight' as a serious threat to their stability and the scale of this migration indicates a need for a radical re-thinking of both political theory and practice, for the sake of political, social and (...) economic justice. -/- This book argues that there is at present a serious gap between the legal and social practices of immigration and naturalisation in liberal democratic states and any theoretical justification for such practices that can be made within the tradition of liberal political philosophy. How can liberal states develop institutions of democratic citizenship and at the same time justifiably exclude 'outsiders' from participating in those institutions? The book examines various responses to this contradiction within the liberal tradition, and finds none of them satisfactory - there are no consistently liberal justifications for immigration control and this has serious implications both for liberal practice and theory. (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)

Many political theorists argue that immigration restrictions are unjust and defend broadly open borders. In this paper, I examine the implications of this view for individual conduct. In particular, I argue that the citizens of states that enforce unjust immigration restrictions have duties to disobey certain immigration laws. States conscript their citizens to help enforce immigration law by imposing legal duties on these citizens to monitor, report, and refrain from interacting with unauthorized migrants. If an ideal (...) of open borders is true, these laws are unjust. Furthermore, if citizens comply with their legal duties, they contribute to violating the rights of migrants. We are obligated to refrain from contributing to rights-violations. So, citizens are obligated to disobey immigration laws. I defend the moral requirement to disobey immigration laws against the objection that disobedience to the law is excessively risky and the objection that citizens have political obligations to obey the law. (shrink)

States have rights to unilaterally determine their own immigration policies under international law and few international institutions regulate states’ decision-making about immigration. As a result, states have extensive discretion over immigration policy. In this paper, I argue that states should join international migration institutions that would constrain their discretion over immigration. Immigration restrictions are morally risky. When states restrict immigration, they risk unjustly harming foreigners and restricting their freedom. Furthermore, biases and epistemic defects pervasively (...) influence states’ decision-making about immigration policy. States should transfer some of their decision-making authority over immigration to more reliable institutions in order to mitigate the risks that they will unjustly restrict immigration. International institutions that include the interests of potential immigrants would be more reliable with respect to immigration policy than unilateral state decision-making. Thus, states should subject their immigration policies to international control. (shrink)

The social trust argument asserts that a political community cannot survive without social trust, and that social trust cannot be achieved or maintained without a political community having discretionary control over immigration. Various objections have already been raised against this argument, but because those objections all assume various liberal commitments they leave the heart of the social trust argument untouched. This chapter argues that by looking at the socio-historical circumstances of Latino/as in the United States, an inherent weakness of (...) the social trust argument gets exposed. Giving a political community discretionary control over immigration not only fails to deliver on the promise of social trust, but it actually seems to promote its opposite, social mistrust. This suggests that a far better way of promoting the goal of social trust, and at the same time abating social mistrust, is to actually circumvent a political community’s ability to control immigration by giving priority both to socio-historical circumstances and immigrant rights (at least in a minimalist sense) in determining immigration policy. (shrink)

In The Ethics of Immigration, Joseph Carens’ builds a sophisticated account of justice in immigration based on an interpretation of liberal states’ democratic principles and practices. I dispute Carens’ contention that his hermeneutic methodology supports a broadly liberal egalitarian consensus; instead, the consensus he detects on principles and practices appears because his interpretation presupposes liberal egalitarianism. Carens’ methodology would benefit by engaging with a “hermeneutics of suspicion” that explores the ideological and exclusionary facets of liberal egalitarian principles when (...) applied to immigration. This would contribute to an account of the ethics of immigration that gives more attention to power and interest, mediated through structures of gender, race, and class. (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)

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 show that the concern is insufficiently strong. (shrink)

This paper argues for a dilemma: you can accept liberalism or immigration restrictions, but not both. More specifically, the standard arguments for restricting freedom of movement apply equally to textbook liberal freedoms, such as freedom of speech, religion, occupation and reproductive choice. We begin with a sketch of liberalism’s core principles and an argument for why freedom of movement is plausibly on a par with other liberal freedoms. Next we argue that, if a state’s right to self-determination grounds a (...) prima facie right to restrict immigration, then it also grounds a prima facie right to restrict freedom of speech, religion, sexual choice and more. We then suggest that the social costs associated with freedom of immigration are also costs associated with occupational choice, speech and reproduction. Thus, a state’s interest in reducing these costs gives it prima facie justification to restrict not only immigration but also other core liberal freedoms. Moreover, we rebut the objection that, even if the standard arguments for a prima facie right to restrict immigration also support a prima facie right to restrict liberal freedoms generally, there are differences that render immigration restrictions – but not restrictions on speech, religion, etc. – justified all things considered. In closing, we suggest that the theoretical price of supporting immigration restrictions – viz., compromising a commitment to liberal principles – is too steep to pay. (shrink)

In her book, The Ethics and Mores of Race, Naomi Zack offers her readers a critical and historical examination of philosophical ethics. This comprehensive and illuminating examination of philosophical ethics concludes by yielding twelve requirements for an ethics of race. While these twelve requirements are not in-themselves an ethics of race, the hope is that these requirements will be sufficient to finally allow us to explicitly engage in ethical treatments of race. My view is that Zack’s argument is basically on (...) solid footing, but that her exposition she does not pay enough attention to the issue of immigration. This is not to say that Zack ignores the issue completely, but to say that, much like the issue of slavery (although very different in many important ways), immigration has historically played an important role in the construction of “whiteness,” in particular in the establishment of “white privilege,” and in the perpetuation of “white supremacy.” So similar to the way slavery is specifically prohibited by requirement 8, I believe that the issue of immigration merits its own specific “requirement of content” within the lager set of requirements for an ethics of race. (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)

In 2008 Robert Lovato coined the phrase Juan Crow. Juan Crow is a type of policy or enforcement of immigration laws that discriminate against Latino/as in the United States. This essay looks at the implications this phenomenon has for an ethics of immigration. It argues that Juan Crow, like its predecessor Jim Crow, is not merely a condemnation of federalism, but of any immigration reform that has stricter enforcement as one of its key components. Instead of advocating (...) for increased enforcement, I want to suggest that just immigration reform must adhere to two standards, equality of burdens and universal protections, and that only by doing so can the potential for Juan Crow be adequately avoided. (shrink)

In the face of the Brexit vote and the election of Trump, there is serious worry about whether the liberal, democratic, and cosmopolitan values thought to underlie progressive immigration policies are in fact widely shared. In this article, I examine these worries and provide suggestions about how those who do favor just progressive immigration policies might best respond to the problems we currently face.

This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy by coupling elements of Frankfurt School methodology to (...) case studies of (im)migration regimes. Lastly, I apply this analytical procedure to recent special changes in Spanish and UK immigration law. (shrink)

In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over (...) class='Hi'>immigration by showing both how ethical limits on enforcement circumscribe the options legitimate states have in determining their immigration policy and how all immigrants (including undocumented immigrants) are entitled to certain protections against a state’s enforcement apparatus. (shrink)

Drawing on the work of John Rawls and Thomas Pogge, I argue that the U.S. is in part responsible for the immigration of Mexicans and Central Americans into the U.S. By seeking to further its national interests through its foreign policies, the U.S. has created economic and politically oppressive conditions that Mexican and Central American people seek to escape. The significance of this project is to highlight the role of the U.S. in illegal immigration so that we may (...) first acknowledge our responsibility in order to seek lasting humane solutions. (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)

David Miller, Professor of Politics at Oxford University, has long been one of the most important and interesting contributors to political theory and philosophy. He is well known for insisting on the mutual relevance of philosophical reflection and political practice, an approach well captured by the title of his recent book, Justice for Earthlings. In his most recent book, Strangers in our Midst: The Political Philosophy of Immigration, Miller revises and extends the work he has been doing for several (...) years now on immigration. The result is a short yet rich defense of the right of states to control their own immigration policy. (shrink)

What are the ethical implications of global poverty for immigration policy? This article finds substantial evidence that migration is effective at reducing poverty. There is every indication that the adoption of a fairly open immigration policy by rich countries, coupled with selective use of immigration restrictions in cases of deleterious brain drain, could be of significant assistance to people living in poor countries. Empirically there is nothing wrong with using immigration policy to address poverty. The reason (...) we have to reject such an approach is not empirical but normative. People have human rights to stay in their home country and to migrate elsewhere. Counter poverty measures that require people to move or to stay are likely to violate these rights. Everyone should be free to migrate but no one should be forced to migrate. Using immigration policy to address global poverty, in place of alternatives, fails on both these counts. (shrink)

This study is devoted to the ways and means to justify a ‘more’ cosmopolitan realization of certain policy implications, in the case of immigration. The raison d’être of this study is the idea that the contemporary debate over open borders suffers from indeterminate discussions on whether liberal states are entitled to restrict immigration. On the other hand, most of the liberal cosmopolitan accounts neglect the detrimental consequences of their open borders argument – which take it as a means (...) to compensate people in need –, such as brain drain and the effects of brain drain on the opportunity sets of members of sending countries. Therefore I offer a moral cosmopolitan account of immigration which takes the interests of would-be immigrants, the residents in receiving, along with the residents in sending countries in respect to their opportunity sets because of the way arbitrary border control represents the inequality of opportunity. I do not provide a well-formed immigration policy here, yet I believe the account provided here is more feasible in considering phenomena such as brain drain. (shrink)

How can we ameliorate the current immigration policies toward Mexican people immigrating to the United States? This study re-examines how the development of scenarios assisted South Africa to dismantle apartheid without engaging in a bloody civil war. Following the scenario approach, we articulate positions taken by different interest groups involved in the debate concerning immigration from Mexico. Next, we formulate a set of scenarios which are evaluated as to how well each contributes to the well-being of the populace (...) both of Mexico and of the United States. The South African scenario model has proven to be an effective tool in times of political disagreement. It fosters a common language among competing groups, non-hierarchal communication among groups, and acknowledgement of the concerns of each group involved. (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)

In this paper we suggest that there is a need to examine what is meant by “context” in Social Psychology and present an example of how to place identity in its social and institutional context. Taking the case of British naturalisation, the process whereby migrants become citizens, we show that the identity of naturalised citizens is defined by common-sense ideas about Britishness and by immigration policies. An analysis of policy documents on “earned citizenship” and interviews with naturalised citizens shows (...) that the distinction between “elite” and “non-elite” migrants is evident in both the “reified” sphere of policy and the “common sense” sphere of everyday identity construction. While social representations embedded in lay experience construct ethno-cultural similarity and difference, immigration policies engage in an institutionalised positioning process by determining migrants' rights of mobility. These spheres of knowledge and practice are not disconnected as these two levels of “managing otherness” overlap—it is the poorer, less skilled migrants, originating outside the West who epitomise difference (within a consensual sphere) and have less freedom of mobility (within a reified sphere). We show that the context of identity should be understood as simultaneously psychological and political. (shrink)

Abstract: Michael Walzer and David Miller defend the authority of democratic states to determine who will be allowed entry and membership. In support of this view they have claimed that the domestic solidarity necessary for social justice is threatened by the unregulated influx of outsiders. This empirical thesis proves to be false when applied to the United States, where heavy Latino and Latina immigration is more likely to increase civic solidarity than to diminish it. Seen in this light, the (...) positions of Jürgen Habermas and Carol Gould, giving human rights priority over democratic sovereignty in decisions about membership, cannot be criticized as utopian. Liberal philosophers can also defend open borders as a way to give oppressed peoples representation inside powerful countries where state decisions often threaten access to essential resources and basic freedoms in their home countries. (shrink)

In this article, I broadly sketch out the current philosophical debate over immigration and highlight some of its shortcomings. My contention is that the debate has been too focused on border enforcement and therefore has left untouched one of the more central issue of this debate: what to do with unauthorized immigrants who have already crossed the border and with the “push and pull” factors that have created this situation. After making this point, I turn to the work of (...) Enrique Dussel and argue that his philosophical approach offers some insights that can help overcome these shortcomings. In particular, Dussel’s commitment to a social critique and transformation that begins with the material grievances of the most excluded and oppressed in a community. Under this type of approach, the immigration debate would begin with the grievances of the victims of immigration polices and reform (i.e. unauthorized immigrants) instead of with concerns for how to better enforce borders. Lastly, I point out that this type of approach is consistent with the current Immigrant Rights Movement in the United States. (shrink)

This article offers a critical analysis of David Miller’s proposal that liberal immigration policies should be conceptualized in terms of a quasi-contract between receiving nations and immigrant groups, designed to ensure both that cultural diversity does not undermine trust among citizens and that immigrants are treated fairly. This proposal fails to address sufficiently two related concerns. Firstly, an open-ended, quasi-contractual requirement for cultural integration leaves immigrant groups exposed to arbitrary critique as insufficiently integrated and unworthy of trust as citizens. (...) Secondly, the focus on national culture instead of citizenship obfuscates the close link between political membership and political trustworthiness. An examination of two models of interpersonal trust, affective and cognitive,shows that there is no room for the mid-way position associated with a quasi-contract. The effect of grounding political trust in a shared national culture instead of democratic institutions is to normalize the domination of immigrants and citizens alike. (shrink)

It is not a fundamental human right to live wherever one would most like to be. We have to ask when a state should admit people not its citizens wishing to enter and settle within its territory. To exclude someone from entry to a country where he wishes to settle infringes his liberty. When anybody's liberty is infringed or curtailed the onus of proof lies upon those who claim a right to infringe or curtail it, other things being equal. This (...) paper argues that there are two reasonable grounds for refusing entry to would-be immigrants. First, in order to avoid genuine overpopulation; and second, to protect vulnerable cultures being submerged by large numbers of people of a more robust culture. Neither of these restrictions applies in the case of Britain and the paper concludes by demanding an immediate liberalisation of immigration laws and immediate public recognition by government of the benefits of immigration and determined discouragement of xenophobic propaganda against it. (shrink)

Can states' immigration policies favor groups with whom they are culturally and historically tied? I shall answer this question here positively, but in a qualified manner. My arguments in support of this answer will be of distributive justice, presupposing a globalist rather than a localist approach to justice. They will be based on a version of liberal nationalism according to which individuals can have fundamental interests in their national culture, interests which are rooted in freedom, identity, and especially in (...) ensuring the meaningfulness of their endeavor. The prevalent means for protecting these interests is the right to national self-determination. Many believe that this right should be conceived of as a right to a state. I shall show that this conception of self-determination implies purely nationalist immigration policies. I shall present reasons for rejecting such policies, reasons which together with other reasons form a strong case against the statist interpretation of the right to self-determination. They form a strong case in favor of understanding self-determination as a bundle of privileges to which nations are entitled within the states dominating their homelands. Some of these privileges have to do with immigration policies. I shall argue for three principles which should regulate these immigration privileges and discuss the relation between them and Israel's Law of Return. (shrink)

Many high-income countries have skill-selective immigration policies, favoring prospective immigrants who are highly skilled. I investigate whether it is permissible for high-income countries to adopt such policies. Adopting what Joseph Carens calls a " realistic approach " to the ethics of immigration, I argue first that it is in principle permissible for high-income countries to take skill as a consideration in favor of selecting one prospective immigrant rather than another. I argue second that high-income countries must ensure that (...) their skill-selective immigration policies do not contribute to the non-fulfillment of their duty to aid residents of low-and middle-income countries. (shrink)

A number of prominent political philosophers, including Will Kymlicka and Joseph Carens, have suggested that one reason for limiting immigration is to protect culture, particularly what Kymlicka calls “societal culture”: “a territorially-concentrated culture, centered on a shared language which is used in a wide range of societal institutions, in both public and private life.” I situate this claim in the context of liberal nation-building and suggest that the arguments for the protection of culture are often vague, confused or tend (...) to conflict with liberal commitments. When clear, they gain their plausibility from other concerns, not cultural protection. Finally, given plausible empirical assumptions, the dangers to societal culture are considerably exaggerated and provide little reason for preventing immigration. I then briefly consider the case of general culture and whether there are some grounds to limit immigration to protect it, using the example of Iceland and aboriginal cultures to situate my arguments. Once again, I conclude that the appeal to culture to limit immigration is weak and philosophers searching for arguments against open borders should turn elsewhere. (shrink)

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)

For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not ‘true crimes’ or are a ‘mere camouflage’ to pursue non-criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of criminal law theory. My purpose in this paper is to examine these offences through some of the basic tenets of criminal law. I argue that the predominant forms of liability for the most often used (...) class='Hi'>immigration offences are, at least in principle, controversial and depart from what is often presented as the paradigm in criminal law. Above all, immigration offences are objectionable because they fall short in fulfilling the harm principle and, given that criminal punishment as used against immigration offenders is often a secondary, ancillary sanction to deportation, they license excessive imposition of pain. (shrink)

A critical but underdeveloped part of the libertarian debate about immigration is the question of who, if anyone, owns public property, and the consequences of the answer to this question. Libertarians who favor restrictive immigration policies, such as Hans-Hermann Hoppe, argue that taxpayers own public property, and that the state, while it is in control of such property, should manage it on behalf of taxpayers in the same way private owners would manage their own property. In other words, (...) it should be quite selective about who may enter. Walter Block, who takes an “open borders” position, does not appear to dispute the claim that taxpayers own public property, but nevertheless argues that immigrants are entitled to ignore the state’s control of, and thus may freely enter, such property. In this article I explore the question of public property ownership using Rothbardian property rights principles. I conclude that, at least with respect to a particular type of public property, neither Hoppe’s nor Block’s reasoning is consistent with these principles. I also consider the idea that the state ought to have a role in managing public property in light of some libertarian anarchist ideas about the state. I conclude that supporting a legitimate role for the state as an immigration gatekeeper is inconsistent with Rothbardian and Hoppean libertarian anarchism, as well as with the associated strategy of advocating always and in every instance reductions in the state’s role in society. (shrink)

The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a (...) justified malum prohibitum the wrongness of which resides in its being a violation of a justified immigration regulation; according to the third, IM is a malum in se the wrongness of which resides in its harmful consequences for receiving states’ citizens. My thesis is that none of these arguments succeeds in providing us with sufficiently good reasons to justify the use of criminal punishment to enforce the closure of state borders. As regards the first, I argue that it relies on a misleading conception of what is entailed by states’ territorial sovereignty, and that therefore it is unsound as an argument for the state’s right to control immigration. With regard to the second, I argue that, be they legitimate or not, immigration regulations enacted by states cannot provide those would-be immigrants they aim to exclude with content-independent reasons to comply with them; and this is a necessary pre-condition to conclude that IM is a justified malum prohibitum. As regards harm-based approaches, I argue that the notions they rely on are completely unfit as criteria for criminalization. This leads me to the conclusion that, unless other more convincing arguments are provided for, IM should not be criminalized. (shrink)

Dans l’opinion publique, la mondialisation a ouvert les vannes de l’immigration internationale, les migrants circulant désormais aussi facilement que les capitaux et les marchandises. En phase avec cette représentation relevant du sens commun, le domaine de la migration internationale tend à subir l’influence des théories de la mobilité qui jouissent d’un véritable effet de mode. Cette pensée emprunte à des courants d’idées privilégiant l’effacement des frontières. Le concept de « mobilité » repose sur deux visions contradictoires. La première suppose (...) que les populations se déplacent à travers les frontières pour vendre et négocier leurs « capital social », là où les avantages économiques et sociaux sont les plus grands. La seconde considère que les obstacles à la mobilité sont la cause de nouvelles inégalités et de nouvelles hiérarchies dans le système mondial. Critiques de ces visions, certains spécialistes de l’immigration internationale estiment que les facteurs historico-structurels à l’œuvre dans les pays d’émigration et d’immigration ont une plus grande pertinence explicative que le recours à la question de la circulation. (shrink)

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. Next I argue that people in the constitutional and legislative stages of Rawls's original position would act to protect family-based immigration rights for themselves and show how these rights are rights of the current citizens of a state to bring in certain outsiders and not rights of outsiders seeking to enter. Importantly, this argument takes place entirely within the bounds of Rawls's domestic theory of justice and does not make reference to his more controversial views found in his account of international justice. I then show that there is no acceptable reason to restrict these rights to opposite-sex couples and good reason to extend them to same-sex couples. Finally I consider two objections to my account and show why they do not threaten my conclusion. (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)

Nous comparons ici deux expositions de musées français sur l’immigration : Repères et D’Isère et du Maghreb Mémoires d’immigrés. Notre analyse muséologique montre en quoi le monde des musées participe activement au débat de société récurrent en France sur ce thème ; chaque exposition défendant sa vision de l’immigration par ses modalités d’écriture muséographique.This article compares two exhibitions on immigration in French museums: Repères [Landmarks] and D’Isère et du Maghreb : Mémoires d’immigrés [Memories of immigration – (...) from the Isère and from the Maghreb]. Our analysis shows how the world of museums actively contributes to the recurrent debate on immigration in French society, with each exhibition putting forward a view of immigration through the design choices made. (shrink)

Revenant sur les prémisses mêmes de la Cité nationale de l’Histoire de l’immigration , Nancy L. Green retrace la politique entourant le projet ainsi que le choix du bâtiment. Contestée depuis le début dans le fond comme dans la forme, la CNHI doit affronter le problème de ses origines et sa tentative de renverser la symbolique de la colonisation par une reconnaissance de l’immigration, elle-même sujette à des définitions multiples. Passant en revue différentes « options » dans la (...) représentation des immigrés au sein d’un musée d’immigration – une chronologie des vagues d’arrivées, une présentation par groupe ou des choix thématiques –, l’auteur s’interroge sur les tensions entre historiens et scénographes, entre art et histoire au sein du musée, ainsi que sur l’idée de procéder par thèmes, finalement retenue. Si cette approche permet de souligner les similitudes dans l’expérience migratoire, elle peut également en gommer les spécificités. La CNHI elle-même représente un moment spécifique dans la représentation des immigrés en France.From the beginning, the Cité nationale de l’Histoire de l’immigration project was plagued by both political and symbolic difficulties. Nancy L. Green discusses the choices made and the politics surrounding the choice of the building, a former colonial arts museum. How successful is the idea of using an old symbol of France’s hubris at the height of her colonial empire to highlight the historical irony of her former colonies arriving to live in France? In analysing the multiple meanings of immigration itself and the different “options” available to represent a history of immigration in France – a chronological view of successive waves of immigrants, displays highlighting different groups – Green discusses the tensions between researchers and exhibition designers, between art and history as modes of representation, and the idea of the thematic approach, which was the option eventually chosen. While this approach brings out similarities in experiences of migration, it can also detract from an understanding of specific circumstances. The CNHI itself reflects a specific moment in the representation of immigrants in French history. (shrink)

Many countries encourage immigration, yet almost without exception they impose medical conditions on the admissibility of prospective immigrants. This paper examines the ethical defensibility of this practice. It argues that the neighbourhood principle, which states that we owe a greater duty to neighbours than to strangers, when properly understood, extends to all human beings, that economic and safety considerations play only a limited role in ethically underwriting an exclusionary policy, and that medical immigration criteria should be harmonized with (...) treatment eligibility criteria for citizens of the relevant countries themselves. (shrink)

In this book, 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 thereby, at its core, a problem of philosophy. Using philosophical resources, this book provides some normative guidance to future immigration policy and reform.

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)