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Enforcing immigration law

Philosophy Compass 15 (3):e12653 (2020)

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  1. Saving Migrants’ Basic Human Rights from Sovereign Rule.Lukas Schmid - 2022 - American Political Science Review:1-14.
    States cannot legitimately enforce their borders against migrants if dominant conceptions of sovereignty inform enforcement because these conceptions undermine sufficient respect for migrants’ basic human rights. Instead, such conceptions lead states to assert total control over outsiders’ potential cross-border movements to support their in-group’s self-rule. Thus, although legitimacy requires states to prioritize universal respect for basic human rights, sovereign states today generally fail to do so when it comes to border enforcement. I contend that this enforcement could only be rendered (...)
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  • Immigration enforcement and justifications for causing harm.Kevin K. W. Ip - forthcoming - Critical Review of International Social and Political Philosophy.
    States are not only claiming the right to grant or deny entry to their territories but also enforcing this right against non-citizens in ways that cause significant harm to these individuals. In this article, I argue that endorsing the presumptive right to restrict immigration does not settle the question of when or how it may permissibly inflict harm on individuals to enforce this right. I examine three distinct justifications for causing harm to individuals. First, the justification of defensive harm holds (...)
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