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 (...) class='Hi'>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)

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)

Cultural rights of minority groups are recognized in international human rights law. These rights include the right of minority groups to adopt various measures to protect their cultural identity, which may include closure of the group’s community from outsiders. The state in which such groups reside has a concurrent duty to respect these rights and sometimes even to take positive measures to ensure their implementation. The consideration of demographic factors, then, is regarded as legitimate when designed to protect minority groups. (...) The rights of majority groups, on the other hand, are often ensured by the mere fact that they constitute a majority within the state and as such do not require special measures. This state of affairs is challenged, however, in face of mass immigration that could change the relation existing between majority and minority groups within the state. Under these circumstances, does a majority have the right to preserve its own culture through an immigration policy that takes into account demographic factors? I argue that the duty of states under international human rights law to protect rights of minority groups might serve as an incentive to restrict immigration endangering the character of the state. This character—the state’s public culture—is the outcome of collective preferences of the majority of its citizens, which is assumed ought to be respected. (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)

I provide an alternative to the two prevailing accounts of justice in immigration policy, the free migration view and the state discretion view. Against the background of an internationalist conception of domestic and global justice that grounds special duties of justice between co-citizens in their shared participation in a distinctive scheme of social cooperation, I defend three principles of justice to guide labor immigration policy: the Difference Principle, the Duty of Beneficence, and the Duty of Assistance. (...) I suggest how these principles are to be applied in both ideal and nonideal circumstances. Finally, I argue that the potential conflict between these principles has often been overstated, and propose priority rules for genuine cases of conflict. (shrink)

Immigration is often associated with a situation in which would-be migrants and their countries of origin are put at the mercy of others’ decisions. The main objective of this article is to theorize this ‘being at the mercy’ in light of a republican definition of what freedom is about: the absence of domination. Immigration policy represents instances of domination on a wide spectrum of individuals and political communities. This article focuses on the procedural discretion claimed by states (...) of destination in their relations with would-be migrants. On the basis of a definition of the concept of ‘jurisdiction’, the article distinguishes 4 paradigmatic situations of immigration, which all display situations of domination. In each situation, the state of destination arbitrarily interferes with important interests of individuals and political communities. In light of this argument, existing mechanisms in national, transnational and international settings can be identified and justified as anti-domination measures. The argument offers a blueprint on how to further develop them in preventing domination in immigration. (shrink)

Immigration is often associated with a situation in which would-be migrants and their countries of origin are put at the mercy of others’ decisions. The main objective of this article is to theorize this ‘being at the mercy’ in light of a republican definition of what freedom is about: the absence of domination. Immigration policy represents instances of domination on a wide spectrum of individuals and political communities. This article focuses on the procedural discretion claimed by states (...) of destination in their relations with would-be migrants. On the basis of a definition of the concept of ‘jurisdiction’, the article distinguishes 4 paradigmatic situations of immigration, which all display situations of domination. In each situation, the state of destination arbitrarily interferes with important interests of individuals and political communities. In light of this argument, existing mechanisms in national, transnational and international settings can be identified and justified as anti-domination measures. The argument offers a blueprint on how to further develop them in preventing domination in immigration. (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)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, (...) I look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

[EN] In this article we argue for a world in which open borders are the rule and not the exception. This argument is based on the general recognition of ius migrandi as a basic right of persons. An open-border immigration policy is preferable—at least from a normative standpoint—to the typical policies designed to control or block borders through the simplistic mode of constructing walls. On the basis of a global conception of distributive justice as suggested by cosmopolitan egalitarians, (...) we claim that open-door policies—or, failing in that, the implementation of a system of economic compensation for poor countries—provide powerful means to respond to the enormous inequalities that exist between countries and represent an appropriate way to order current migratory flows. [ES] En este artículo se arguye a favor de un mundo en donde las fronteras abiertas sean la regla y no la excepción. Para ello, se presentan dos tipos de argumentos. El primero se basa en el reconocimiento general del ius migrandi como un derecho fundamental de las personas. Además de un modo idóneo de ordenar los actuales flujos migratorios, una política migratoria de fronteras abiertas es preferible, al menos desde un punto de vista normativo, a las habituales políticas diseñadas para controlar o bloquear las fronteras mediante la construcción de muros. El segundo se asienta sobre una concepción global de la justicia distributiva desarrollada por los igualitaristas cosmopolitas, se sostiene que una política de puertas abiertas –o, en su defecto, un modelo de compensación económica– constituiría un modo de responder a las enormes desigualdades existentes entre los países. (shrink)

Existing research shows consistently high levels of concern among people in the UK over the scale of immigration and its impact on jobs, wages and services. At the same time, that same body of research does not provide much in the way of detail about the nature of these concerns. This is partly because much of the data is from opinion polls which say little about the priorities and perspectives that underlie the aggregate numbers. Moreover, very little research has (...) been carried out on what new immigration policies the British public would like to see once the UK leaves the EU and free movement ends. Our research for this report aims to fill these gaps by providing evidence about how people use and understand information about economic impacts of immigration, and what they might wish to see from new, post-Brexit, policies. (shrink)

In November 2011, Citizenship and Immigration Canada paused the parents/grandparents (PGP) sponsorship immigration and announced a new Super Visa program simultaneously to facilitate family reunification, specifically among older adults waiting to be reunified with their children in Canada. We conducted a qualitative study to understand the experiences of immigrant families with the Super Visa Program. In total, 19 semi-structured interviews were conducted in Toronto with Chinese immigrants and parents holding a Super Visa. Our findings revealed that Super Visa (...) program is helpful for family reunification, especially for those whose regular visa applications are not successful. However, Super Visa is still a visitor visa and parents/grandparents have to leave after a maximum of two years. This temporary status of their parents does not promote among immigrants a sense of belonging in Canada, but reinforces their feeling of being treated as “foreigner”. They also debunked the stigma that older parents/grandparents come to Canada for better welfare and are non-contributor and a burden to Canadian society. We observe older parents/grandparents are categorized as “undesirable” and their unpaid contributions to immigrant family and Canada society are rendered invisible. We argue there exits an inherent link between PGP policy changes and social injustice. Behind the negative portrayal of older parents/grandparents and policy changes on them is State’s neoliberal governmentality grounded upon market norms and mechanism. The immigration and social injustice inflicting on older PGP migrants manifests that neoliberal immigration regime is still structurally raced, gendered, classed, and may be intertwined with other stigmatizing dynamics such as ageist, ableist etc. within the State’s power relationship. (shrink)

(1996). A “reasonable” immigration policy. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 520-525.

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)

abstract David Miller's recent statement of the case for restrictive immigration policies can plausibly be construed as an application of a ‘liberal nationalist’ position. The paper first addresses Miller's critique of distributive justice arguments for open borders, which relies on nationality as determinative of the scope of distributive justice and as giving rise to national collective responsibility. Three interpretations of his main positive reason for restricting immigration, which concerns the importance of a shared public culture, are then discussed: (...) culture as having valuable social functions, as a context of choice, and as an object of self‐determination. The paper assesses the plausibility of Miller's nationalist arguments, and concludes that they are either implausible or peculiarly weak compared to other considerations in favour of restrictions. Several of the arguments may alternatively be construed as non‐nationalist, and it is argued that Miller's arguments are more plausible when considered as such. The broader implication is that, even if the concern with nationality is relevant and legitimate in other areas of politics, it is, perhaps surprisingly, either inappropriate or insignificant in relation to immigration policy. (shrink)

Avner de Shalit wants cities to have their own immigration policies. On a radical reading, this would transfer control over immigrant admissions from states to cities. But can cities choose the immigrants they prefer on economic or cultural grounds, or does this discriminate unfairly against those judged to be less desirable? I argue that de Shalit fails to apply the luck egalitarian principle consistently when discussing immigrant admissions. I also claim that there is a tension between seeing cities as (...) the bearers of distinct cultural ethoses, and therefore as bulwarks against the homogenising effects of globalization, and disbarring them from carrying out culturally selective immigration policies. De Shalit’s own preferred model of the immigrant‐friendly city – Amsterdam – appears to lack any distinct ethos, other than an ethos of welcome and cultural blending. Moreover, democratic states also have a legitimate interest in controlling immigration. They must be concerned about the consequences for social justice of admitting migrants and the political effects that follow when the migrants become citizens themselves. They must also consider the environmental impacts of population growth. Cities should play a major role in integrating immigrants, but not in admitting them. (shrink)

In conversation with the ethical-theological-philosophical role of love in the Abrahamic traditions and U.S. immigration, personal testimonies of refugee families seeking asylum join the witness of the interfaith community of greater San Antonio to explain the gift received when love of God is expressed as radical hospitality.

The DACA program, administered by the Department of Homeland Security, protects Dreamers—undocumented immigrants brought to the U.S. as children. However, without legislative support, Dreamers face the imminent threat of losing their homes, rights, and deportation. I argue for the passage of the DREAM Act, which would protect Dreamers from unfair targeting and provide a path to citizenship. Dreamers possess a unique social membership in American society, and it is ethically imperative to shield them from deportation and grant them equal rights (...) as fellow citizens if we ought to demonstrate a commitment to addressing oppression and injustice. (shrink)

In the course of presenting a compelling and comprehensive framework for immigration justice, Brock addresses discriminatory immigration policies, focusing on recent attempts by the Trump administration to exclude Muslims from the U.S.. This essay critically assesses Brock’s treatment of the issue, and in particular the question of what made the Muslim ban and similar policies unjust. Through examining these issues, further questions regarding the immigration justice framework on offer arise.

This article examines the treatment of women in flight from domestic violence at the U.S. – Mexico border. It compares the robust state protections available to domestic violence victims in the interior of the country with the hostile landscape women encounter at the border. The article draws on three sources for information about the treatment at the border of domestic violence victims: an in-depth case study of one woman’s experience of domestic violence and flight, a small data set of domestic (...) violence victims detained in the Eloy Detention Center in Arizona during 2010 and 2011, and a detailed analysis of the policies and practices at play when a woman in flight from domestic violence comes to the U.S. border. From these sources, a grim picture emerges that may surprise many. Women fleeing violence whose lives entangle with the border confront a bureaucracy and justice system that harkens back to the time, 50 years ago, when domestic violence was seen as a private matter about which there was little the government could or should do to respond.Building on this descriptive account, the article draws on political theories of citizenship and membership to highlight the moral and legal inconsistencies between the immigration policies of the United States and its national values and commitments regarding violence against women. It suggests that language about the “private” nature of the violence at issue for women in flight from domestic violence should not be used to cloak underlying concerns about immigration admissions policies. Transparent discussion of the considerations at issue lays bare the irrationality of applying fundamentally different conceptions of domestic violence depending on which side of the geographic border it occurs. (shrink)

Should a "caring" immigration policy give special treatment to would-be immigrants who are near neighbors? It is argued that, while those on our borders requesting entry have some special claim, it should not drown out the claims of more distant applicants for citizenship.

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)

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)

A key dividing line in the literature on post-national citizenship concerns the role of collective identity. While some hold that a post-national form of identity is desirable in developing citizenship in contexts such as the European Union (EU), others question the defensibility of a collective identity at this supra-national level. The aim of this article is to intervene in this debate, drawing on qualitative research to consider the extent to which post-national citizenship should be accompanied by a form of post-national (...) identity. The article takes the UK as a case study, and explores tensions between the immigration policies and rhetoric of the Coalition Government since 2010 and the post-national citizenship rights of EU citizens migrating into British local communities. It draws on independently collected qualitative data from the county of Herefordshire, UK, to argue that the persistent reinforcement of national identity reproduces national lines of difference which further problematise the full realisation of European citizenship. At a theoretical level, this highlights the need for the development of post-national citizenship rights to be accompanied by a paradigmatic shift in the way that collective identity is constituted in post-national contexts. (shrink)

The largest group of migrants in Germany is the Turkish people, many of whom have low skills levels, are Muslim, and are slow to integrate themselves into their host communities. German immigration policy has been significantly revised since the early 1990s, and a new Immigration Act came into force in 2005, containing more inclusive stances on citizenship and integration of migrants. There is a strong rhetoric of acceptance and open doors, within certain parameters, but the gap between (...) the rhetoric and practice is still wide enough to allow many migrants, particularly women, to fall through it. Turkish-Muslim women bear the brunt of the difficulties faced once they have arrived in Germany, and many of them are subject to domestic abuse, joblessness and poverty because of their invisibility to the German state, which is the case largely because German immigration policy does not fully realise a role and place for women migrants. The policy also does not sufficiently account for ethnic and cultural identification, or limitations faced by migrants in that while it speaks to integration, it does not fully enable this process to take place effectively. Even though it has made many advances in recent years towards a more open and inclusive immigration policy, Germany is still a 'reluctant' country of immigration, and this reluctance stops it from making any real strides towards integrating migrants fully into German society at large. The German government needs to take a much firmer stance on the roles of migrant women in its society, and the nature of the ethnic and religious identities of Muslim immigrants, in order to both create and implement immigration policy that truly allows immigrants to become full and contributing members to German social and economic life, and to bring it in line with the European Union's common directives on immigration. (shrink)

In this paper I shed light on the multi-purposive nature of debates in the European Parliament. As a case in point, I examine a debate on immigration in the wake of a migratory crisis in the Italian island of Lampedusa in early 2011. I analyze the points of view argued for by MEPs, aiming at identifying the different institutional goals that are typically pursued and characterizing the ways in which these goals shape the argumentative exchanges. The link between the (...) multiple goals communicators have and the discourse choices they make can be assumed on the basis of previous research. In line with the pragma-dialectical view of argumentative discourse taking place in the context of more or less institutionalized argumentative activity types, institutional goals are understood as those goals that can be attributed to arguers on the basis of the type of activity in which they are engaged. In identifying the institutional goals, I follow Craig and consider not only goals which are intentional, formal, and directly responsible for a certain discourse choice, but also goals which are functional, strategic, and only indirectly responsible for discourse choices. The analysis shows that the MEPs pursued three kinds of goals: goals that are 1) assigned to them by the occasion of the debate; 2) related to the powers of Parliament; and 3) associated with the different identities they assume in Parliament. While the pursuit of the occasion-related and powers-related goals gave rise to multiple simultaneous discussions, the pursuit of the identity-related goals guided the MEPs’ choices and formulations in these discussions. (shrink)

ArgumentThe border in turn-of-the-century Argentina was a place of heightened anxiety. State officials ignored the nation's vast land borders and focused on the port, located in the capital city of Buenos Aires, which attracted nearly six million European immigrants in the decades after 1870. Federal authorities were seeking to attract new immigrants and yet they were terrified that opening their gates would allow entry among the potential citizenry a new category of “toxins” dangerous to the national body. The authorities hired (...) physicians as gatekeepers to identify desirable and undesirable traits that went beyond the definition of communicable disease. Science and medicine appeared to provide a means of legitimating a variety of attempts by the state to control the makeup of the population; in reality, the state's power to inspect immigrants for disease, racial toxins, social upheaval, and political instability was minimized by realistic decisions to open borders and by a weak and limited ability to control the influx of people. Alongside calls for immigrant selection there coexisted a strong trend in political discourse that sought to build a unified, homogenous national culture by accepting and assimilating the foreign masses. Both approaches, however, had similar goals – the material progress of the nation, the advancement of Argentina's “civilization,” and the erasure of traces of “foreignness” among the new population. (shrink)

What kind of role, if any, can immigration policies play in moving us towards global justice? On one view, the removal of restrictions on immigration might seem to constitute great progress in realizing the desired goal. After all, people want to emigrate mainly because they perceive that their prospects for better lives are more likely to be secured elsewhere. If we remove restrictions on their ability to travel, would this not constitute an advance over the status quo in (...) which people are significantly prevented, through tough immigration restrictions, from seeking a better life for themselves and their dependants? In particular, it might seem that a cosmopolitan must be committed to reducing restrictions on immigration. On one common account of what cosmopolitanism is, the central idea is that every person has global stature as the ultimate unit of moral concern and is therefore entitled to equal respect and consideration no matter what her citizenship status or other affiliations happen to be. It is frequently supposed that a cosmopolitan must be committed to more open borders, and that developed countries restricting entry to people from developing countries is unjust and inconsistent with a commitment to our equal moral worth. However, as I argue, removing restrictions on immigration could constitute a considerable step backward for global justice. In order to appreciate why this is the case, we need to review some relevant empirical evidence that our policy recommendations must take into account. As we see, considerable benefits accrue to the immigrant and host nation, but significant costs must often be born in states of origin. As one example, we consider the effects of remittances often believed to be highly beneficial to the global poor. I discuss evidence indicating that patterns associated with remittances are not always at all desirable. Migration policies need to be better managed so that they do benefit the relevant stakeholders. In section 4 I give examples of how this might work. In section 5 we investigate what kinds of policy recommendations would be best given our findings. (shrink)

This paper is addressed to those who hold that states’ immigration policies are subject to cosmopolitan principles of justice. I have a very limited goal in the paper, and that is to offer a condensed explication of a principle for determining whether states’ immigration policies are just. That principle is that just immigration policies may not avoidably harm disadvantaged social groups (whether domestic or foreign). This principle is inspired by the failure, among many extant cosmopolitan proposals for (...) regulating immigration, to attend to the morally salient fact that all national societies are cleaved by social institutions that create distinct groups of individuals, often privileging some and disadvantaging others. In this paper I explicate this principle in terms of three questions: (1) What is a social group? (2) Under what conditions is a social group disadvantaged? And (3) what is it to avoidably harm a social group? (shrink)

This paper is addressed to those who hold that states’ immigration policies are subject to cosmopolitan principles of justice. I have a very limited goal in the paper, and that is to offer a condensed explication of a principle for determining whether states’ immigration policies are just. That principle is that just immigration policies may not avoidably harm disadvantaged social groups. This principle is inspired by the failure, among many extant cosmopolitan proposals for regulating immigration, to (...) attend to the morally salient fact that all national societies are cleaved by social institutions that create distinct groups of individuals, often privileging some and disadvantaging others. In this paper I explicate this principle in terms of three questions: What is a social group? Under what conditions is a social group disadvantaged? And what is it to avoidably harm a social group? (shrink)

Resumen A partir de la evidencia del fenómeno migratorio en Chile, se examina la situación de los estudiantes inmigrantes extranjeros, tomando como referencia la normativa del sistema escolar y la perspectiva del dilema redistribución o reconocimiento. En particular, el texto pretende mostrar las consecuencias de la comprensión generada por dicho dilema en relación con la dialéctica igualdad/diversidad, para explicar los efectos del discurso inclusivo sobre la situación de los estudiantes inmigrantes, considerados como paradigma de grupo minoritario. Con este propósito, se (...) distingue y analiza un particular corpus legislativo que se extiende entre los años 2009-2015, el cual se caracteriza por introducir masivamente la idea de una política educativa inclusiva como ideario a perseguir por el sistema escolar.Based on the evidence of the migration phenomenon in Chile, the situation of foreign immigrant students is examined, taking as a reference the regulations of the school system and the perspective the redistribution or recognition dilemma. In particular, the text aims to show the consequences of the understanding generated by this dilemma in relation to the equality/diversity dialectic, to explain the effects of inclusive discourse on the situation of immigrant students, considered as a minority group paradigm. With this purpose, a particular legislative corpus that extends between the years 2009-2015 is distinguished and analyzed, which is characterized by massively introducing the idea of an inclusive educational policy as ideology to be pursued by the school system. (shrink)

Immigration poses numerous challenges for health professionals and public health lawyers. This article reviews these challenges. We begin by offering some background on immigration and health and then explain some of the reasons why immigrants are less likely than natives to have health insurance. Next we turn to a discussion of some of the particular challenges relating to the health care of refugees. We conclude by analyzing and rejecting some of the arguments that are made for discriminating against (...) immigrants with respect to the provision of public health benefits and services. (shrink)

In this paper the author focuses on some of the topics in the debate on multiculturalism, applying them to the issue of immigration, particularly female immigration, in Europe. She then illustrates how the individual/group relationship is a particularly complex one where women are concerned. In this framework she considers the various roles of a multicultural law and the thorny relation between women immigrants and their official representatives. She concludes by asserting the need to place individual rights before group (...) rights and to ensure that women obtain autonomous access to both sets of rights. (shrink)

How should liberal societies select prospective members? A conventional reading of immigration history posits that whereas ascriptive characteristics drove immigration policy in the past, contemporary policy is based on the principle of nondiscrimination. Yet a closer look at the characteristics of those admitted reveals systematic group biases that run counter to liberalism’s core moral commitments. This article first discusses liberal states’ basic moral obligation to treat their citizens with equal respect. It then identifies ways in which (...) the group biases produced by immigration policy violate that principle, when states either deprive their citizens of fundamental rights or stigmatize them through hierarchical constructions of citizenship. Three mechanisms are presented—structural bias, profiling, and positive selection—by which seemingly liberal admissions policies produce illiberal outcomes. The empirical analysis explores the resulting discriminatory group biases in the context of language and income conditionalities on family migration, excessive demand restrictions against economic migrants, and visa waivers for international travelers. We conclude that immigration reforms that mitigate, if not erase, these morally problematic patterns are within the reach of liberal states. (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)

_Education and Immigration_ comprises six reports that emerged from an EU funded comparative research project into the challenges posed to national education systems by immigration and its associated issues and problems. The immigration-related education policies and initiatives of six countries are explained, examined and compared. The book clearly delineates the historical, legal and sociological contexts of the various strategies, and how far these have been adhered to.

In this chapter I compare changes in immigrant integration policies in two European countries-France and Britain-with those of the United States. I focus first on the "national models" around which integration policies have been described, and then on the dynamics that are driving the changes and evolution of these models. I argue that national models in each country differentiate the direction, the content and the intensity of integration policy. These differences are most evident, moreover, if we examine not only (...) the policies themselves, but the perceived success and failure of different integration policies. I argue that three dynamics have been driving the evolving management of integration policy: problems of urban order, the development of European union and perceptions of failure and success. (shrink)