Residence of unauthorized immigrants is a stable feature of the Global North’s liberal democracies. This article asks how liberal-democratic policymakers should respond to this phenomenon, assuming both that states have incontrovertible rights and interests to assert control over immigration and that unauthorized residence is nevertheless an entrenched fact. It argues that a set of liberal-democratic commitments gives policymakers strong reason to implement both so-called ‘firewall’ and ‘regularization’ policies, thereby protecting unauthorized immigrants’ basic needs and interests and officially incorporating many of (...) them in society. It then explains that the background imperative of immigration control creates a dilemmatic tension between these policies, as regularization is envisaged alongside the removal of the ineligible, which is in turn hindered by the implementation of firewalls. This creates a dilemma between the pursuit of two policy goals that are both underwritten by the same value commitments. Though it cannot be entirely dissolved, I argue that the best way to mitigate this dilemma is to design regularization policy in a way that leaves only a small number of unauthorized immigrants subject to removal. (shrink)

Policy-making must always pay attention to race. That is the central claim of this chapter. Regardless of whether some particular policy debate is ostensibly “racial”, policy-makers must attend to questions of race, because race is a ubiquitous, but frequently unnoticed, feature of our world. I examine the type of philosophical question about race that I think philosophers and policy-makers would do well to examine and consider how the question “What is race?” is pertinent to policy debate. Examples will be drawn (...) from Australia, the United States, and Britain to illustrate these abstract arguments. (shrink)

How to respond to unauthorized migration and migrants is one of the most difficult questions in relation to migration theory and policy. In this commentary on Gillian Brock’s discussion of “irregular” migration, I do not attempt to give a fully satisfactory account of how to respond to unauthorized migration, but rather, using Brock’s discussion, try to highlight what I see as the most important difficulties in crafting an acceptable account, and raise some problems with the approach that Brock takes. In (...) thinking about unauthorized migration, both while trying to craft positive policies and while critiquing existing practices, we need to ask if we are most interested in a general account of how to respond to unauthorized migration, one that would apply to the large majority of cases and provide us a default approach, or if we are better served by taking a piecemeal approach, looking at why certain people or certain groups should be exempt from removal, even if they would otherwise be liable to it. In this paper, I will focus primarily on this distinction, and argue that it is at least important to provide an account of the "generic unauthorized". (shrink)

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 (...) legitimate if it was predicated on more desirable conceptions of sovereignty that supported the universal prioritization of basic human rights. Specifically, desirable conceptions would not establish and require absolute state sovereignty over borders as a necessary precondition for true popular self-governance. (shrink)

It has been said that all philosophy begins with a set of concerns and a set of intuitions. With this idea in mind, we ask: Would it be helpful to understand Mexican-American philosophy as a kind of philosophy that begins with the concerns and intuitions of the Mexican-American community? On this view, what distinguishes Mexican-American philosophy is the orientation from which the philosophical investigation proceeds. Such an orientation is shaped by the experiences and relationships that are characteristic of those who (...) identify as Mexican-American. We offer a list of concerns and intuitions that we suggest are widely held by the Mexican-American community. Focusing on questions surrounding linguistic assimilation in the U.S., we illustrate how beginning from these particular starting points might alter the way we think about philosophical issues. (shrink)