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Immigration: The Case for Limits

In Andrew I. Cohen & Christopher Heath Wellman (eds.), Contemporary Debates in Applied Ethics. Wiley-Blackwell. pp. 193-206 (2005)

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  1. The Ethics of Return Migration and Education: Transnational Duties in Migratory Processes.Juan Espindola & Mónica Jacobo-Suárez - 2018 - Journal of Global Ethics 14 (1):54-70.
    ABSTRACTThis paper argues that most prominent normative theories on immigration neglect a critical dimension of the migratory phenomenon, a neglect that blinds them to important rights that, under some circumstances, immigrants ought to have as a matter of justice. Specifically, the paper argues that these theories fail to appreciate that the children of immigrant families, regardless of whether they were born in their parents’ country or in the host country, should benefit from educational rights addressing needs that are particular to (...)
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  • Anti-Immigration Backlashes as Constraints.Lorenzo Del Savio - 2020 - Ethical Theory and Moral Practice 23 (1):201-222.
    Migration often causes what I refer to in this paper as ‘anti-immigration backlashes’ in receiving countries. Such reactions have substantial costs in terms of the undermining of national solidarity and the diffusion of political distrust. In short, anti-immigration backlashes can threaten the social and political stability of receiving countries. Do such risks constitute a reason against permissive immigration policies which are otherwise desirable? I argue that a positive answer may depend on a skeptical view based on the alleged constraints that (...)
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  • Misinformation as Immigration Control.Mollie Gerver - 2017 - Res Publica 23 (4):495-511.
    It is wrong to force refugees to return to the countries they fled from. It is similarly wrong, many argue, to force migrants back to countries with life-threatening conditions. I argue that it is additionally wrong to help such refugees and migrants voluntarily return whilst failing to inform them of the risks. Drawing on existing data, and original data from East Africa, I describe distinct types of cases where such a wrong arises. In ‘Misinformation Cases’ officials tell refugees that it (...)
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  • Stripping Citizenship: Does Membership Have its (Moral) Privileges?Sahar Akhtar - 2017 - Australasian Journal of Philosophy 95 (3):419-434.
    If states have the moral authority to decide their memberships by denying citizenship, I argue that they may also strip citizenship, from law-abiding members, for the same reasons. The only real difference is that when states revoke citizenship they may need to compensate people for their prior contributions, but that is not unlike what frequently occurs in divorce. Once just termination rules are established, stripping citizenship could become, like divorce, an everyday event. Partly because of this implication, we should reject (...)
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  • Citizens in Appropriate Numbers: Evaluating Five Claims About Justice and Population Size.Tim Meijers - 2017 - Canadian Journal of Philosophy 47 (2-3):246-268.
    While different worries about population size are present in public debates, political philosophers often take population size as given. This paper is an attempt to formulate a Rawlsian liberal egalitarian approach to population size: does it make sense to speak of ‘too few’ or ‘too many’ people from the point of view of justice? It argues that, drawing on key features of liberal egalitarian theory, several clear constraints on demographic developments – to the extent that they are under our control (...)
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  • Is There a Human Right to Free Movement? Immigration and Original Ownership of the Earth.Michael Blake & Mathias Risse - 2009 - Notre Dame Journal of Law, Ethics and Public Policy 23 (133):166.
    1. Among the most striking features of the political arrangements on this planet is its division into sovereign states.1 To be sure, in recent times, globalization has woven together the fates of communities and individuals in distant parts of the world in complex ways. It is partly for this reason that now hardly anyone champions a notion of sovereignty that would entirely discount a state’s liability the effects that its actions would have on foreign nationals. Still, state sovereignty persists as (...)
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  • Immigration.Hrishikesh Joshi - forthcoming - In Matt Zwolinski & Benjamin Ferguson (eds.), Routledge Handbook of Libertarianism. Routledge.
    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 (...)
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  • Is skin bleaching a moral wrong? An African bioethical perspective.Ademola Kazeem Fayemi - 2020 - Theoretical Medicine and Bioethics 41 (1):1-22.
    Focusing on black communities in Africa, in this paper, I attempt an African bioethico-aesthetic deconstruction of the falsehood in colorist definitions of beauty purveyed by the migration of non-surgical cosmetics to Africa. I provide a novel ethical evaluation of the act of skin bleaching using principles of the African ethic of communion. I argue that skin bleaching is morally wrong to the extent that it promotes disharmonious relations and false identity in the beauty industry in Africa. Drawing on scientific studies (...)
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  • Huemer on Immigration and the Preservation of Culture.Rafael De Clercq - 2017 - Philosophia 45 (3):1091-1098.
    Libertarian philosopher Michael Huemer has argued recently that there is a prima facie right to immigrate, and, moreover, that concerns people have about the effects of immigration are not strong enough to neutralize or override this prima facie right. In this paper, I focus on one particular concern that Huemer deems insufficiently strong to neutralize or override the prima facie right to immigrate, namely, the concern that unrestricted immigration poses a threat to one’s culture. I argue that Huemer fails to (...)
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  • Global Justice and the Remittances Challenge: On Political Ontology and Agency.J. Matthew Hoye - 2021 - Constellations 28 (2):234-251.
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  • Eyes Wide Shut: The Curious Silence of The Law of Peoples on Questions of Immigration and Citizenship.Robert W. Glover - 2011 - Eidos: Revista de Filosofía de la Universidad Del Norte 14:10-49.
    In an interdependent world of overlapping political memberships and identities, states and democratic citizens face difficult choices in responding to large-scale migration and the related question of who ought to have access to citizenship. In an influential attempt to provide a normative framework for a more just global order, The Law of Peoples , John Rawls is curiously silent regarding what his framework would mean for the politics of migration. In this piece, I consider the complications Rawls’s inattention to these (...)
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  • Unification Admissions and Skilled Worker Migration.Matthew Lindauer - 2017 - In Kory P. Schaff (ed.), Fair Work: Ethics, Social Policy, and Globalization. Lanham, MD: Rowman and Littlefield. pp. 95-112.
    This article compares the moral significance of two types of immigration, that which is based on the unification of citizens and non-citizens and that which is based on the skilled labor needs of the receiving society. I assess the interests of both citizens and non-citizens affected by each of these types of inflows and argue that unification admissions should be given priority over skilled workers but states retain a qualified moral permission to incentivize skilled worker migration.
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  • Legitimate Exclusion of Would-Be Immigrants: A View From Global Ethics and the Ethics of International Relations.Enrique Camacho Beltran - 2019 - Social Sciences 8 (8):238.
    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 (...)
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  • International Law and Political Philosophy: Uncovering New Linkages.Steven Ratner - 2019 - Philosophy Compass 14 (2):e12564.
    Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices ofstates, has a direct (...)
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  • ‘Migrants in a Feverland’: State Obligations Towards the Environmentally Displaced.Megan Bradley - 2012 - Journal of International Political Theory 8 (1-2):147-158.
    This paper considers whether states have a duty to accept those who cross borders to escape environmental disasters associated with climate change. It then examines how such a responsibility might be distributed, focusing on the predicament of the citizens of small island states expected to be inundated by rising sea levels. In assessing states’ responsibility to admit these individuals, I draw on Walzer's theory of mutual aid, demonstrating that even under this narrow conception of states’ obligations, a duty to accept (...)
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  • Must Refugees Return?Mollie Gerver - 2021 - Critical Review of International Social and Political Philosophy 24 (4):415-436.
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  • The End of Discretionary Immigration Policy? A Blueprint to Prevent Multidimensional Domination.Johan Rochel - 2021 - Critical Review of International Social and Political Philosophy 24 (4):554-578.
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  • Compensatory Justice and the Wrongs of Deportation.Juan Espindola - forthcoming - Critical Review of International Social and Political Philosophy:1-28.
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  • Self-Determination, Immigration Restrictions, and the Problem of Compatriot Deportation.Javier Hidalgo - 2014 - Journal of International Political Theory 10 (3):261-282.
    Several political theorists argue that states have rights to self-determination and these rights justify immigration restrictions. Call this: the self-determination argument for immigration restrictions. In this article, I develop an objection to the self-determination argument. I argue that if it is morally permissible for states to restrict immigration because they have rights to self-determination, then it can also be morally permissible for states to deport and denationalize their own citizens. We can either accept that it is permissible for states to (...)
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  • Is Liberalism Committed to Its Own Demise?Hrishikesh Suhas Joshi - 2018 - Journal of Ethics and Social Philosophy 13 (3).
    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 (...)
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  • Citizenship for Children: By Soil, by Blood, or by Paternalism?Luara Ferracioli - 2018 - Philosophical Studies 175 (11):2859-2877.
    Do states have a right to exclude prospective immigrants as they see fit? According to statists the answer is a qualified yes. For these authors, self-determining political communities have a prima facie right to exclude, which can be overridden by the claims of vulnerable groups such as refugees and children born in the state’s territory. However, there is a concern in the literature that statists have not yet developed a theory that can protect children born in the territory from being (...)
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  • Debate: Immigrants and Newcomers by Birth—Do Statist Arguments Imply a Right to Exclude Both?Jan Brezger & Andreas Cassee - 2016 - Journal of Political Philosophy 24 (3):367-378.
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  • The Right to Exclude.Michael Blake - 2014 - Critical Review of International Social and Political Philosophy 17 (5):521-537.
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  • Domination and Migration: An Alternative Approach to the Legitimacy of Migration Controls.Iseult Honohan - 2014 - Critical Review of International Social and Political Philosophy 17 (1):31-48.
    Freedom as non-domination provides a distinctive criterion for assessing the justifiability of migration controls, different from both freedom of movement and autonomy. Migration controls are dominating insofar as they threaten to coerce potential migrants. Both the general right of states to control migration, and the wide range of discretionary procedures prevalent in migration controls, render outsiders vulnerable to arbitrary power. While the extent and intensity of domination varies, it is sufficient under contemporary conditions of globalization to warrant limits on states’ (...)
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  • Towards a Non-Ideal Theory of Climate Migration.Joachim Wündisch - 2019 - Critical Review of International Social and Political Philosophy:1-32.
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  • Must Refugees Return?Mollie Gerver - 2019 - Critical Review of International Social and Political Philosophy:1-22.
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  • The End of Discretionary Immigration Policy? A Blueprint to Prevent Multidimensional Domination.Johan Rochel - 2019 - Critical Review of International Social and Political Philosophy:1-25.
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  • Basic Income, Labour Automation and Migration – An Approach From a Republican Perspective.Yannick Fischer - 2020 - Basic Income Studies 15 (2).
    This research uses a normative approach to examine the relationship between basic income and migration. The decisive variable is the effect of labour automation, which increases economic insecurities globally, leaving some nation states in a position to cope with this and others not. The insecurities will increase migratory pressures on one hand but also justify the introduction of basic income on a nation state level on the other. The normative guideline is the republican conception of freedom as non-domination. This is (...)
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  • Paying Minorities to Leave.Mollie Gerver - 2018 - Politics, Philosophy and Economics 17 (1):3-22.
    In April 1962, white segregationists paid money to African Americans agreeing to leave New Orleans. In 2010, the British National Party proposed paying non-white migrants money to leave the UK. Five years later, a landlord in New York paid African American tenants to vacate their apartments. This article considers when, if ever, it is morally permissible to pay minorities to leave. I argue that paying minorities to leave is demeaning towards recipients and so wrong. Although the payments are wrong, it (...)
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  • Towards a Principle of Most-Deeply Affected.Afsoun Afsahi - forthcoming - Philosophy and Social Criticism:019145372097274.
    This article argues that all-affected principle needs to be reconceptualized to account for the differences in the historical and current social position of those who are or who should be making legitimacy claims. Drawing on Butler’s theory of vulnerability, this article advances a new and more robust all-affected principle that affords a stronger claim to legitimacy to those most-deeply affected by both the current decision in question and the historical process and practices shaping the choices available. In particular, this article (...)
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  • Not Duties but Needs: Rethinking Refugeehood.Susanne Mantel - 2019 - Journal of Ethics and Social Philosophy 15 (2).
    In the scholarly debate, refugeehood is often understood to arise from a special need for basic protection, i.e., for protection of basic needs and rights. However, the main definitions of refugeehood shift to duties when aiming to develop this view. Either, refugees are defined as all those individuals who can receive basic protection from the international community, and thus arguably ought to be protected, or refugees are defined as all those to whom a special form of protection, namely protection by (...)
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  • Why Temporary Labour Migration is Not a Satisfactory Alternative to Permanent Migration.Patti Tamara Lenard - 2012 - Journal of International Political Theory 8 (1-2):172-183.
    Temporary labour migration programs are often proposed as a way to provide the benefits of migration in general, while mitigating the allegedly problematic effects of permanent migration. Here I propose that the arguments deployed in favour of temporary labour migration over permanent migration are flawed, normatively, and that empirically temporary labour migration programs produce effects in receiving states that are even worse than those produced by permanent migration. As a result, I shall argue that, for reasons of consistency, advocates of (...)
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  • The Epistemic Value of Emotions.Benedetta Romano - 2019 - Dissertation, Ludwig Maximilians Universität, München
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  • Humanity’s Collective Ownership of the Earth and Immigration.Risse Mathias - 2016 - Journal of Practical Ethics 4 (2):31-66.
    In my 2012 book On Global Justice, I argued that humanity’s collective ownership of the earth should be central to reflection on the permissibility of immigration. Other philosophers have recently offered accounts of immigration that do without the kind of global standpoint provided by collective ownership. I argue here that all these attempts fail. But once we see how humanity’s collective ownership of the earth can deliver a genuinely global standpoint on immigration, we must also consider two alternative ways of (...)
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  • Gibt es ein Recht auf Einwanderung?Michael Huemer - 2015 - In Thomas Leske (ed.), Wider Die Anmaßung der Politik. Gäufelden, Germany: Thomas Leske. pp. 103–147.
    Einwanderungsbeschränkungen verletzen das Anscheinsrecht (engl. prima facie right) Einwanderungswilliger, keinem schädlichem Zwang ausgesetzt zu werden. Dieses Anscheinsrecht wird nicht durch die wirtschaftlichen, fiskalischen und kulturellen Folgen der Einwanderung entkräftet oder verdrängt – und auch nicht durch die besondere Pflicht, welche der Staat gegenüber seinen eigenen Bürgern und speziell den Ärmsten unter ihnen hat. Er hat gleichfalls kein Recht, Bedingungen für die Staatsbürgerschaft in gleicher Weise aufzustellen, wie dies private Clubs als Voraussetzung für die Mitgliedschaft tun. -/- [This is a German (...)
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  • Moral Cosmopolitanism and the Right to Immigration.Yusuf Yuksekdag - 2012 - Public Reason 4 (1-2):262-272.
    This study is devoted to the ways and means to justify a ‘more’ cosmopolitan realization of certain policy implications, in the case of immigration. The raison d’être of this study is the idea that the contemporary debate over open borders suffers from indeterminate discussions on whether liberal states are entitled to restrict immigration. On the other hand, most of the liberal cosmopolitan accounts neglect the detrimental consequences of their open borders argument – which take it as a means to compensate (...)
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  • Inclusivist Egalitarian Liberalism and Temporary Migration: A Dilemma.Tiziana Torresi Valeria Ottonelli - 2012 - Journal of Political Philosophy 20 (2):202-224.
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  • The Jurisdiction Argument for Immigration Control.Andy Lamey - 2016 - Social Theory and Practice 42 (3):581-604.
    Jurisdictionism offers a new rationale for restricting immigration. Immigrants impose new obligations on the people whose territories they enter. Insofar as these obligations are unwanted, polities are justified in turning immigrants away, so long as the immigrants are from a country that respects their rights. The theory, however, employs a flawed account of obligation, which overlooks how we can be obliged to take on new duties to immigrants. Jurisdictionism also employs different standards when determining whether an obligation exists, only one (...)
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  • Resolving the Dilemma of Democratic Informal Politics.Seth Mayer - 2017 - Social Theory and Practice 43 (4):691–716.
    The way citizens regard and treat one another in everyday life, even when they are not engaged in straightforwardly “political” activities, matters for achieving democratic ideals. This claim provokes an underexamined unease in many. Here I articulate these concerns, which I argue are prompted by the approaches most often associated with these issues. Such theories, like democratic communitarianism, require problematic sorts of unity in everyday social life. To avoid these difficulties, I offer an alternative, called procedural democratic informal politics, which (...)
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  • Health, Migration and Human Rights.Johannes Kniess - forthcoming - Critical Review of International Social and Political Philosophy:1-19.
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  • An Argument for Guest Worker Programs.Javier Hidalgo - 2010 - Public Affairs Quarterly 24 (1):21-38.
    Several noted economists and prominent international organizations have recently advocated for the implementation of guest worker programs in developed states. Their primary argument is that guest worker programs would serve as a powerful mechanism for reducing global poverty and inequality. For example, economist Dani Rodrik estimates that guest worker programs in wealthy states would generate $200 billion or more annually for poor countries. According to Rodrik, liberalizing the temporary movement of workers would “produce the largest possible gains for the world (...)
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  • How to Mainstream Gender?Martina Cattarulla - 2016 - Jura Gentium 13 (2):86-119.
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  • Open Borders and the Ideality of Approaches: An Analysis of Joseph Carens’ Critique of the Conventional View Regarding Immigration.Thomas Pölzler - 2019 - European Journal of Analytic Philosophy 15 (1):17-34.
    Do liberal states have a moral duty to admit immigrants? According to what has been called the “conventional view”, this question is to be answered in the negative. One of the most prominent critics of the conventional view is Joseph Carens. In the past 30 years Carens’ contributions to the open borders debate have gradually taken on a different complexion. This is explained by the varying “ideality” of his approaches. Sometimes Carens attempts to figure out what states would be obliged (...)
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  • Does Freedom of Association Justify Restrictions on Immigration?Lars Vinx - 2015 - Res Cogitans 10 (1).
    Christopher Wellman has argued that legitimate states enjoy a right to freedom of association that necessarily includes a right to exclude immigrants. This paper shows that Wellman’s argument for this conclusion is unsound since it is based on a construction of collective rights that is inapplicable to the rights of a state.
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  • On the ‘State’ of International Political Philosophy.Sahar Akhtar - 2015 - Analysis 75 (1):132-147.
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  • Methodological Nationalism, Migration and Political Theory.Alex Sager - 2016 - Political Studies 64 (1):xx-yy.
    The political theory of migration has largely occurred within a paradigm of methodological nationalism and this has led to the neglect of morally salient agents and causes. This article draws on research from the social sciences on the transnationalism, globalization and migration systems theory to show how methodological nationalist assumptions have affected the views of political theorists on membership, culture and distributive justice. In particular, it is contended that methodological nationalism has prevented political theorists of migration from addressing the roles (...)
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  • Globalisation and Global Justice - a Thematic Introduction.Göran Collste - 2016 - De Ethica 3 (1):5-17.
    Globalisation involves both promising potentials and risks. It has the potential – through the spread of human rights, the migration of people and ideas, and the integration of diverse economies – to improve human wellbeing and enhance the protection of human rights worldwide. But globalisation also incurs risks: global environmental risks (such as global warming), the creation of new centres of power with limited legitimacy, a ‘race to the bottom’ regarding workers’ safety and rights, risky journeys of thousands of migrants (...)
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  • Freedom, Immigration, and Adequate Options.Javier S. Hidalgo - 2012 - Critical Review of International Social and Political Philosophy (2):1-23.
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  • International Migration and Human Rights.Luara Ferracioli - 2018 - In Oxford Handbook of International Political Theory. Oxford University Press.
    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 (...)
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  • Latino/a Immigration: A Refutation of the Social Trust Argument.José Jorge Mendoza - 2015 - In Harald Bauder & Christian Matheis (eds.), Migration Policy and Practice: Interventions and Solutions. Palgrave-Macmillan. pp. 37-57.
    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 (...)
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