Immigration

A credible fear test is an in-depth interview process given to undocumented people of any age arriving at a U.S. port of entry to determine qualification for asylum-seeking. Credible fear tests as a typical immigration procedure demonstrate not only what structural epistemic violence looks like but also how this violence lives in and through the design of asylum policy. Key terms of credible fear tests such as “significant possibility,” “evidence,” “consistency,” and “credibility” can never be neutral in the context of (...) colonial administrative violence. We argue that these terms function as mechanisms of exclusion and demonstrate that the capacity to be violent (i.e. to be an instrument of violence) is built into these tests, ready to be deployed when an administration wants to stop certain people from certain places from entering without regard to their own ongoing occupation of Indigenous lands. Not only are such practices instruments of violence, but the concept of ‘violence’ continues to be organized, defined, and conceived within settler colonial epistemologies so as to exclude these administrative forms of violence deployed against Indigenous peoples and people of color from recognition and nameability. We argue that this is an intentional strategy of colonial power preservation that is functionalized through social processes that remain structurally stable and self-regenerating across historical and political changes. (shrink)

Collective self-determination is considered to be an important political value. Many liberal political philosophers appeal to it to defend the right of states to exclude would-be newcomers. In this paper, I challenge the value of collective self-determination in the case of countries like the US, former colonial powers with a history of white supremacist immigration and citizenship policies. I argue for my claim by way of an analogy: There is no value to white neighborhoods in the US, which are the (...) result of racist attitudes and state policies, determining autonomously who should become a neighbor. In light of this commitment, defenders of the US's right to exclude would need to explain why it should be of moral value that a community whose character and composition has been shaped by white supremacy be able to determine its membership on its own terms. (shrink)

The recent global surge in large-scale foreign land acquisitions marks a radical transformation of the global economic and political landscape. Since land that attracts capital often becomes the site of expulsions and displacement, it also leads to new forms of migration. In this paper, I explore this connection from the perspective of a political philosopher. I argue that changes in global land governance unsettle the congruence of political community and bounded territory that we often take for granted. As a case (...) study, I discuss the European Union’s Renewable Energy Directive as a significant driver of foreign land acquisitions. Using its global power, the European Union (EU) is effectively governing land far outside of its international borders and with it the people who live on this land or are expelled from it. As a result, EU citizens ought to consider such people fellow members of their political community. This has implications for normative debates about immigration and, in particular, for arguments that appeal to collective self-determination to justify a right of political communities to exclude newcomers. The political community to which EU citizens belong reaches far beyond the EU’s official borders. (shrink)

During long-term refugee displacements, it is common for the refugees’ country of origin to be called on to recognize a right of return. A long-standing tradition of philosophical theorizing is sceptical of such a right. Howard Adelman and Elazar Barkan are contemporary proponents of this view. They argue that, in many cases, it is not feasible for entire refugee populations to return home, and so the notion of a right of return is no right at all. We can call Adelman (...) and Barkan’s view the feasibility objection. Many defenders of rights will deny that empirical facts such as the kind to which Adelman and Barkan appeal are relevant to determining whether a moral entitlement amounts to a right. In contrast, I offer a response to the feasibility objection that does admit the relevance of facts. In my view, considerations of feasibility do matter when determining what rights human beings possess. Nevertheless, the feasibility objection is undone by its failure to acknowledge a distinction between two different kinds of feasibility constraints. ‘Hard’ constraints include logical, nomological and biological considerations. ‘Soft’ constraints include political, cultural and institutional factors. A necessary condition of a moral entitlement achieving the status of a right, I argue, is that it be feasible in the hard sense. Crucially, however, a right need not always be feasible in the soft sense. Refugees can have rights that it is not currently possible to implement politically. (shrink)

The best arguments for a nation-state’s right to exclude unwanted outsiders actually condemn nation-level regimes of restriction. Two argumentative steps lead to this conclusion. The first points out that the best arguments for exclusion generalize: if they show that nation-states have the right to exclude, they perform the same service for a great many towns, cities, subnational states, and provinces. The second step constructs a dilemma. The right to exclude is important enough to justify the suffering of would-be immigrants, or (...) it is not. If it is, the right to exclude is very important indeed–would-be immigrants often suffer grievously. But nation-level regimes would then be a serious moral problem: they would deprive a great many municipalities of a right that matters a great deal. Turning to the dilemma’s second horn, if the right to exclude is not important enough to justify the suffering of would-be immigrants, nation-level regimes are straightforwardly immoral. Either way, we arrive at this paper’s central thesis: the best arguments for a nation-states right to exclude actually condemn nation-level regimes of exclusion. (shrink)

It is common to assume that democracy is intrinsically valuable, and that nation-states have the authority to exclude would-be immigrants from their territory. Are and in tension? This paper argues that they are. Every account of democracy’s intrinsic value suggests that nation-states lack the authority to exclude would-be immigrants. In fact, reflection on democratic values suggests an even more heterodox conclusion: nation-states should not be the privileged sites of decision-making that we often take them to be.

The asylum system faces problems on two fronts. States undermine it with populist politics, and migrants use it to satisfy their migration preferences. To address these problems, asylum services should be commodified. States should be able to pay other states to provide determination and protection-elsewhere. In this article, I aim to identify a way of implementing this idea that is both feasible and desirable. First, I sketch a policy proposal for a commodification of asylum services. Then, I argue that this (...) policy proposal is not only compatible with the right to asylum, but also supported by moral considerations. Despite some undesirable moral features, a market in asylum facilitates the provision of asylum to those who need it. (shrink)

What are libertarian open borders advocates even advocating for? Is it, as the title to Michael Huemer’s influential essay suggests, a prima facie “right to immigrate”? Or is it, as the branding connotes, literal open borders, or a strong prima facie moral right to free movement across borders that entails a right to immigrate? In this paper, I peel apart the view that people have a strong moral right to freely cross international borders, or "open access," from the view that (...) non-citizens have a right to immigrate, which I will call "open residence." As radical as open residence is, open access is even more extreme; so whether open borders ideology commits one to open access matters to its plausibility. At times it can seem that libertarian open borders advocates, by emphasizing our prima facie right to free movement, call for open access. Nonetheless, I suggest that libertarian open borders advocates should content themselves with mere open residence, even though open residence is compatible with tight border controls and even border walls—policies which they might (rightly or wrongly) object to for independent reasons. (shrink)

This paper argues that citizens have a basic right to invite family members and spouses into their society on the basis of Rawlsian egalitarian premises. This right is argued to be just as basic as other recognized basic rights, such as freedom of speech. The argument suggests further that we must treat immigration and family reunification, in particular, as central issues of domestic justice. The paper also examines the implications of these points for the importance of immigration in liberal domestic (...) justice and suggests avenues for further research on the interplay of considerations of justice towards citizens and non-citizens. (shrink)

Can anti-deportation resistance be justified, and if so how and by whom may, or perhaps should, unjust deportations be resisted? In this paper, I seek to provide an answer to these questions. The paper starts by describing the main forms and agents of anti-deportation action in the contemporary context. Subsequently, I examine how different justifications for principled resistance and disobedience may each be invoked in the case of deportation resistance. I then explore how worries about the resister’s motivation for engaging (...) in the action and their epistemic position apply in the specific context of anti-deportation action and consider in what circumstances there is not merely a right but a duty to resist deportation. The upshot of this argument, I conclude, is that the liberal state ought to respond to anti-deportation action not by criminalising disobedience and resistance in this field, but rather by creating legal avenues for such actors to influence deportation decision-making. DOI 10.17879/95189423213. (shrink)

In the paper, I argue there is a whole political logistics to deportation. This is made visible by bringing the concept of microphysics to bear on the topic. Taking the case of enforced and escorted removals from the UK, I show that this logistics is vividly and graphically documented in the inspection reports. Hitherto largely ignored, inspection reports offer researchers a trove of information regarding the mechanisms and procedures of deportation. As I finally draw out, this focus can speak to (...) questions about the relationship of ethics to deportation: the inspection reports show how a certain form of ethical calculation, based on a risk-based approach to the use of force has been inscribed into the practices of deportation. DOI 10.17879/95189425134. (shrink)

In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their education have been (...) lowered, owed to critical amendments to the relevant law. We analyze how the law currently defines the role of Entscheider, whether the legal framework is constitutional, and what modifications morality requires. Although the law defining their role seems to be constitutional, Entscheider’s education must be improved and they must be entrusted with the hearing of the applicants to meet what morality requires, we conclude. DOI: 10.17879/95189429199. (shrink)

What is and what ought to be the relationship between empirical research and normative analysis with respect to migration policies? The paper addresses this question from the perspective of political theory, asking about the place of empirical research in philosophical discussions of migration, and, for the most part, leaving to others questions about what role, if any, normative considerations do and should play in empirical research on migration. At the outset the paper also takes note of one important way in (...) which empirical research can and should contribute to normative discussions of migration, quite apart from its role in contributing to political philosophy. DOI: 10.17879/15199614880. (shrink)

How does precarious work entail social vulnerabilities and moral complicities? Theorists of precarity pose two challenges for analysing labour conditions in Asia. Their first challenge is to distinguish the new kinds of social vulnerability which constitute precarious work. The second is to assign moral responsibility in the social network that produces vulnerability in depoliticised and morally detached ways. In this article, the social and normative dimensions of precarious work are connected through a conceptual investigation into how Singapore allocates responsibility for (...) managing temporary migrant labour. First, it analyses how various management strategies, driven by globalisation and government deregulation, increase worker vulnerabilities. These strategies intensify relations of dependence, disempowerment and discrimination, which the workers may accommodate or resist in limited ways. Second, it assesses why the strategies leave the state, employers, agents and others complicit in producing the vulnerabilities. These actors enable, collaborate with, or condone the production of precarity. Their complicity is complicated by varying support or resistance to reforms. The result is a novel conceptual scheme for analysing the complicit network behind precarious work, which can be used in other sites of precarity where some are complicit in the vulnerability of others. (shrink)

The new immigration legislation will not achieve its ostensible goal. The criteria it proposes for new immigrants thinly conceal its racist motivations.

A recent challenge to statist arguments defending the right of states to exclude prospective immigrants maintains that such statist arguments prove too much. Specifically, the challenge argues that statist arguments, insofar as they are correct, entail that states may permissibily exclude current members' newcomers by birth, which seems to violate a widely held intuition that members' newcomers by birth ought automatically to be granted membership rights. The basic claim is that statist arguments cannot account for the differntial treatment between prospective (...) immigrants and newcomers by birth. Call this the newcomer-by-birth objection. This article rejects the newcomer-by-birth rejection. It begins by sketching the precise extent to which the objection applies to statist arguments. It then examines the case of newcomers by birth and argues for a principled basis for treating them differentially from prospective immigrants such that a right to exclude prospective immigrants need not entail a right to exclude newcomers by birth. But this distinction holds only in most cases, not all, and therefore the newcomer-by-birth objection is not entirely defeated. With respect to the cases in which the objection does hold, it is argued that such cases are morally akin to international adoption, and thus morally benign. All considered, statist arguments easily survive the newcomer-by-birth objection. (shrink)

Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case of (...) nonviolent – or mere – noncompliance. Dissenting from Javier Hidalgo’s view, I argue that the injustice of an immigration law is insufficient to make mere noncompliance justified. Instead, I contend that only if an immigration law lacks legitimate authority are individuals justified in breaching it, since the subjects of an institution with legitimate authority are under a content-independent moral duty to comply with its rules. I further argue that a constitutional democracy’s regimes of law regulating immigration and requiring its citizens’ participation in implementing these regulations have legitimate authority. Nevertheless, when a particular immigration law is egregiously unjust, its legitimacy is defeated. (shrink)

In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this country while (...) still children (often as infants) and who have spent the majority of their lives in the US. Members of this group have engaged in wide-scale protests, making the civil disobedience paradigm all the more plausible. I will then move on to the case of unauthorized immigrants who have engaged in protests, but who do not fall into the “Dreamer” category. Finally, I will consider whether thinking about immigration law violations from the perspective of civil disobedience—and the proper response to that—can help us think about immigration enforcement more generally. (shrink)

Despite the prevalence of externalization, much work in the ethics of immigration continues to assume that the admission of immigrants is determined by state immigration officials who decide whether to admit travelers at official crossings. This assumption neglects how decisions about entrance have been increasingly relocated abroad – to international waters, consular offices, airports, or foreign territories – often with non-governmental or private actors, as well as foreign governments functioning as intermediaries. Externalization poses a fundamental challenge to achieving just migration (...) policies. It reliably harms vulnerable people, prevents refugees from receiving protection, leads to human rights abuses, and dissipates blame and accountability, creating a serious lacuna in assigning moral responsibility. (shrink)

This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...) immigration enforcement purposes, they often undermine these original aims or get used in ways that conflict with the U.S. Constitution. These concerns should prompt us therefore either to reject the government’s plenary power over immigration or require the federal government to be more consistent about maintaining the separation between criminal law and immigration law. (shrink)

Liberal societies typically prefer relatives and spouses of their members over other prospective immigrants seeking admission. Giving this preferential treatment to only certain categories of relationships requires justification. In this paper, I provide a defense of a category-based system for "unification admissions," non-members seeking admission for the purpose of living in the same society with members on a stable basis, that is compatible with liberalism and, in particular, does not violate the requirement of liberal neutrality. This defense does not commit (...) liberal theorists to the traditional state sovereignty view on immigration, according to which societies have wide latitude to exclude immigrants as they see fit, and shows that, contra Ferracioli, societies are not required to treat relatives, spouses, friends, and creative partners of their members on a par in matters of immigration policy. (shrink)

In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...) requirements of liberal justice, mere capacity to assist, as well as past or foreseeable contribution to harm. The chapter therefore explores the possibility of an international migration regime that takes human rights seriously whilst avoiding the twin pitfalls of strict immigration restrictions and the complete liberalization of immigration. (shrink)

Dans l’opinion publique, la migration « irrégulière » est associée à l’entrée et au séjour non autorisés. Un nombre croissant d’études indiquent toutefois qu’elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d’immigration « irrégulière ». En effet, la multiplication des conditions d’accès à l’autorisation de travail a pour effet de priver de droit au séjour des personnes autrement (...) en situation régulière. La France, située en tête de classement en matière d’obligations de quitter le territoire et en fin de classement en matière d’immigration professionnelle, représente un cas d’école parmi les pays de l’Union Européenne. (shrink)

Temporary workers stand to gain from temporary migration programs, which can also benefit sender and recipient states. Some critics of temporary migration programs, however, argue that failing to extend citizenship rights or a secure pathway to permanent residency to such migrants places them in an unacceptable position of domination with respect to other members of society. We shall argue that access to permanent residency and citizenship rights should not be regarded as a condition for the moral permissibility of such programs. (...) Instead we will focus on the essential protections that must be extended to all migrant workers, irrespective of the length of their migration project. (shrink)

Migrant women are often stereotyped. Some scholars associate the feminization of migration with domestic work and criticize the “care drain” as a new form of imperialism that the First World imposes on the Third World. However, migrant women employed as domestic workers in Northern America and Europe represent only 2% of migrant women worldwide and cannot be seen as characterizing the “feminization of migration”. Why are migrant domestic workers overestimated? This paper explores two possible sources of bias. The first is (...) sampling: conclusions about “care drain” are often generalized from small samples of domestic workers. The second stems from the affect heuristic: imagining children left behind by migrant mothers provokes strong feelings of injustice which trump other considerations. The paper argues that neither source of bias is unavoidable and finds evidence of gender stereotypes in the “care drain” construal. (shrink)

Book review of Pevnick (2011) and Cole & Wellman (2011).

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)

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

In 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)

According to the UN, 65.3 million forcibly displaced people languish in camps and slums or making desperate journeys toward safety. The global community has not only failed to help many of these people; in many cases it has actively obstructed them from finding security and a new home for themselves and their families. Moral responsibilities to refugees are not exhausted by policies and actions. They also extend to how to think about the refugee crisis. Pundits, politicians, and political philosophers have (...) failed to live up to these responsibilities by perpetuating populist myths, the causes of refugees’ flight, and the policies that prevent them from resuming their lives. (shrink)

I propose a reading of The Book of Ruth that takes seriously the pastoral concern for refugees, migrants, and their families that was embodied in the life and teaching of Pope John Paul II.The Book of Ruth models virtues and practices that can help build up a society in solidarity, kindness, and peace. Ruth’s decision to stand beside Naomi demonstrates the value of solidarity in creating a hopeful future for families and communities. Naomi’s role in bringing Ruth and Boaz together (...) shows prudence and a sense of responsibility for shaping the common good. As for Boaz, he is an exemplary model of generosity and kindness. With respect to peacemaking, The Book of Ruth shows how enmity and distrust between nations might be overcome, with God’s help. (shrink)

Joseph Carens’ groundbreaking article on immigration ethics begins with the observation that “[b]orders have guards and the guards have guns”. I begin my article with a similar observation: border guards have syringes. Aliens who do not want to be turned away by a border guard’s gun must often agree to be injected with vaccines. While Carens challenges the popular consensus that states have an expansive moral right to forcibly restrict migration, my focus is narrower. I will evaluate the claim that (...) states have an expansive moral right to require migrants to become vaccinated. In particular, I will examine and.. (shrink)

« Utopique » se dit d’un projet irréalisable, qui ne saurait exister. Or, un monde où les passeports n’étaient pas obligatoires pour traverser une frontière a bel et bien existé : c’est celui d’avant la Première Guerre Mondiale. Cet article résume l'histoire des efforts pour abolir le régime des passeports obligatoires après la Première Guerre Mondiale.

Review of Ruben Andersson,Illegality, Inc. (Oakland, CA: University of California Press, 2014)and Amy Nethery and Stephanie J. Silverman(eds.), Immigration Detention: The Migration of a Policy and its Human Impact.(London and New York: Routledge, 2015).

La « féminisation de la migration internationale » constitue la nouvelle formule magique de nombreuses études migratoires. Or, depuis un demi-siècle, la part des femmes dans la migration internationale n’a pas vraiment augmenté. En revanche, les femmes représentent aujourd’hui plus de la moitié des migrants diplômés de l’enseignement supérieur dans les pays de l’OCDE. Pourtant, cette féminisation de la migration qualifiée est moins souvent discutée. Comme si les diplômes des femmes migrantes devaient rester aussi invisibles dans la recherche que sur (...) le marché du travail. (shrink)

The aim of this article is to show that refusing to legalize the status of undocumented immigrants who have been long-term residents is a serious violation of human rights. The "right to have rights" ­ a term coined by Hannah Arendt and developed by Sheila Benhabib ­ should be construed first and foremost as the right to a legal existence. We take issue with consequentialists who warn that legalizing the status of undocumented aliens will encourage further undesirable immigration, for withholding (...) legal status in order to deter illegal newcomers is neither efficacious nor just. We conclude that "selective" as opposed to "endured" immigration policies are ethically untenable. (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)

The high frequency that the question “where are you from” gets asked in ordinary conversation, as well as the insistence on getting private information from people one hardly knows, reveal an interesting phenomenon: an exceptional reversing of the codes of politeness, where indiscretion becomes the rule while efforts to avoid it become impolite acts. In order to explain this phenomenon, this article compares the hypothesis of racial micro-aggression defended by the existing literature and supported by the results of the French (...) survey Trajectories and Origins, to the hypothesis of methodological nationalism. The article shows that the second hypothesis provides a better explanation of how the “where are you from” question is actually practiced. The article’s thesis is that the importance of the “where are you from” question in ordinary conversations is a measure of the banalization of methodological nationalism. (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)

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 essay explores the intersection of racism, racial embodiment theory and the recent hostility aimed at immigrants and foreigners in the United States, especially the targeting of people of Latin American descent and Latino/as. Anti-immigrant and anti-foreigner sentiment is racist. It is the embodiment of racial privilege for those who wield it and the materiality of racial difference for those it is used against. This manifestation of racial privilege and difference rests upon a redrawing of the color line that is (...) meant towards preserving exclusive categories of political membership. The charge of racism, however, is elided by the fact that this hostility takes the form of a specious embracement of law and lawfulness. “Illegal” in this sense not only captures the actions of those who enter the United States through clandestine or informal means, but, in light of the history of immigration and citizen- ship law, the term operates as a racial trope that designates non-white status, thus marginalizing and alienating certain immigrants from ongoing nation-formation processes. I explain the source for anti-immigrant hostility in the United States, which I take to be connected to the longevity of white normativity as the basis for American identity. I then critically assess how the idea of national belonging is crucial to the perpetuation of white-ways-of-being, especially when citizenship has historically been a venue for the embodiment of racial and even colonial privilege. I conclude by posing several questions about the nature of racial identities and racism that suggest new avenues for further research on racial embodiment in a “postracial” era. pp. 65–90. (shrink)

This article argues that there are at least three different versions of methodological nationalism: state-centrism (unjustified supremacy granted to the nation-state), territorialism (understanding space as divided in territories), and groupism (equating society with the nation-state’s society). If these three versions are logically distinct, as it will be shown, the typology can serve as a tool to weight the influence of methodological nationalism in the social sciences. The paper has three sections arguing that 1) the three versions are all present in (...) the literature on methodological nationalism without always being distinguished; 2) the epistemological problems raised by methodological nationalism are sometimes misunderstood as ontological or normative questions about globalization and national borders; 3) the three versions of methodological nationalism can be shown to be logically independent by a few examples. (shrink)

This article is devoted to analysing the ethical commitments underlying research methodology on “brain drain” and leading participants in the public debate to deny the human right of emigration for skilled persons. Here, we identify five such commitments : to consequentialism, prioritarianism and nationalism, we add sedentarism and elitism. Based on this analysis, we argue that even though the emigration of the most talented would be a loss for the country of origin, this loss is not sufficient to require that (...) migrants themselves compensate it – either by tax payments (e.g. Bhagwati’s tax proposal) or by not exercising their right to emigrate. Moreover, to interpret public investment in education as the source of migrants’ further obligations to their country is to view education rather as a source of dividends than an access to opportunity that present generations owe to futures ones. (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)