The aim of this paper is to offer a broad characterization of the kind of account that I believe cannot plausibly face conclusively the problem of the ethics of immigration restrictions in a non-ideal world at the level of the constitutional essentials. I argue that justice-based accounts of immigration controls fail to normatively evaluate what immigration controls do to outsiders subjected to them in non-ideal conditions, so judgments of justice by themselves tend to be overall bad for the interest of (...) immigrants. I explain this by insisting that a prior question about the legitimacy of immigration controls have been overlooked by familiar accounts. A full account of the ethics of immigration suitable for guiding constitutional essentials should be able to connect distinct kinds of justice-based evaluations in order to ask both, what legitimacy requires from territorial institutional control as well as what justice requires from immigration policy. (shrink)

This chapter argues that governments have a duty to take reasonably effective and humane steps to minimize the occurrence of unauthorized migration and stay. While the effects of unauthorized migration on a country’s citizens and institutions have been vigorously debated, the literature has largely ignored duties of fairness to would-be immigrants. It is argued here that failing to take reasonable steps to prevent unauthorized migration and stay is deeply unfair to would-be immigrants who are not in a position to bypass (...) visa regulations. Importantly, the argument here is orthogonal to the debate as to how much and what kinds of immigration ought to be allowed. (shrink)

Within the immigration debate, libertarians have typically come down in favor of open borders by defending two main ideas: i) individuals have a right to free movement; and ii) immigration restrictions are economically inefficient, so that lifting them can make everyone better off. This entry describes the rationale for open borders from a libertarian perspective (in part by analogy to the debate around minimum wage laws). Three main objections within the immigration literature are then discussed: i) the view that states (...) may restrict immigration to protect the interests (e.g. jobs) of their domestic needy; ii) the claim that restrictions are justified as a means of preserving culture; and iii) the influential argument that the right to freedom of association entails a right to exclude. These arguments are well-known, and I describe some of the compelling responses to be found in the recent literature. The essay then turns to more neglected critiques. The first concerns how liberal regimes should think about immigration from countries where the dominant norms are illiberal. The second examines the idea that political and economic institutions are sensitive to immigration policy, especially in the long run. Both of these critiques approach the topic from a non-ideal theory perspective, emphasizing the “public choice” dimensions of immigration policy. The entry closes by suggesting that this form of critique is especially important for open-borders libertarians to respond to given their general commitments to non-ideal, non-romantic theorizing in the context of government institutions and policy. (shrink)

It has been argued that implicit biases are operative in philosophy and lead to significant epistemic costs in the field. Philosophers working on this issue have focussed mainly on implicit gender and race biases. They have overlooked ideological bias, which targets political orientations. Psychologists have found ideological bias in their field and have argued that it has negative epistemic effects on scientific research. I relate this debate to the field of philosophy and argue that if, as some studies suggest, the (...) same bias also exists in philosophy then it will lead to hitherto unrecognised epistemic hazards in the field. Furthermore, the bias is epistemically different from the more familiar biases in respects that are important for epistemology, ethics, and metaphilosophy. (shrink)

Are immigration restrictions compatible with liberalism? Recently, Freiman and Hidalgo have argued that immigration restrictions conflict with the core commitments of liberalism. A society with immigration restrictions in place may well be optimal in some desired respects, but it is not liberal, they argue. So if you care about liberalism more deeply than you care about immigration restrictions, you should give up on restrictionism. You can’t hold on to both. I argue here that many restrictions on contractual, economic, and associational (...) liberties seem to be justified by considerations other than liberty – thus the task for Freiman and Hidalgo is to tell us why such restrictions are justified but immigration restrictions are not. Moreover, even if this worry can be addressed, I argue, liberalism is not committed to its own demise in scenarios where there exist large enough numbers of would-be immigrants who accept and endorse illiberal norms in a way that is sufficiently resistant to change. Such a commitment requires thinking of border coercion as violating an absolute deontological constraint. This, I contend, is implausible. (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)

ZusammenfassungIn diesem Aufsatz gehe ich der Frage nach, ob der Staat von Migrant*innen fordern darf, sich zu integrieren. Nach einer Erläuterung des Begriffs „Integration“ und der verschiedenen Dimensionen der Integration werde ich ein Argument vorstellen, das zeigt, dass sich auf Grundlage des politischen Liberalismus eine staatliche Forderung nach politischer Partizipation von Migrant*innen begründen lässt. Diese Forderung beruht auf Gerechtigkeits- sowie demokratietheoretischen Überlegungen. Weil die politische Partizipation zugleich eine gewisse strukturelle, soziale und identifikative Integration der Migrant*innen voraussetzt, erstreckt sich die Forderung (...) auch auf diese Voraussetzungen. Da sich die entsprechende Forderung gleichermaßen an Migrant*innen als auch an Einheimische richtet, entgeht die hier vorgestellte Argumentation dem Vorwurf, auf einem bloß partikularen Interesse der einheimischen Bevölkerung zu beruhen, dass sich die Migrant*innen der bzw. einer nationalen Kultur anpassen mögen. Zuletzt diskutiere ich einen Einwand, der sich gegen eine der Prämissen meiner Argumentation richtet. Dieser lautet, dass ein liberaler Staat keinen Einfluss auf die Haltungen und Überzeugungen seiner Bürger*innen nehmen darf. Ich verteidige die Behauptung, dass es auch im liberalen Staat legitim ist, die Bürger*innen zur Demokratie zu erziehen. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 3, Page 269-290, August 2022. This paper argues that libertarianism—and only libertarianism—can vindicate immigration's status as a human right whose protection is morally required in nearly all circumstances. Competing political theories such as liberal egalitarianism fail to rule out significant immigration restrictions in a range of realistic conditions. We begin by outlining the core tenets of libertarianism and their implications for immigration policy. Next, we explain why arguments that appeal to alternative principles are (...) unable to provide robust justification for open borders. We conclude by considering whether our argument vindicates libertarianism or undermines open borders. (shrink)

This paper argues that libertarianism—and only libertarianism—can vindicate immigration's status as a human right whose protection is morally required in nearly all circumstances. Competing political theories such as liberal egalitarianism fail to rule out significant immigration restrictions in a range of realistic conditions. We begin by outlining the core tenets of libertarianism and their implications for immigration policy. Next, we explain why arguments that appeal to alternative principles are unable to provide robust justification for open borders. We conclude by considering (...) whether our argument vindicates libertarianism or undermines open borders. (shrink)

Much modern discussion of the morality of migration begins with the concept of coercion, and takes the coercive nature of border enforcement as especially salient in the moral analysis of migration policy. Much migration control, however, begins not with overt coercion, but with what I term manipulations; these are ways of making migration more difficult that do not resemble canonical cases of coercion. Examples include the alteration of the physical pathways between states, attempts to deceive or mislead prospective migrants about (...) what they will discover upon arrival, and the deliberate use of abstract and complex rules to make legal migration difficult or impossible. I argue that these manipulations are worthy of independent moral examination—and that the tradition of classical liberalism has resources with which to undertake this examination. (shrink)

The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control (...) ought to be exercised (the problem of justice of borders). The literature has explored the second but ignored the first. Therefore, I propose a different approach to the ethics of immigration by focusing on concerns of legitimacy in a three-step framework: first, identifying the kind of authority or power that immigration controls exercise; second, redefining borders as international and domestic institutions that issue that kind of power; and finally, considering supranational institutions that redistribute the right to exclude among legitimate borders. (shrink)

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