I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

It is often argued that in order to prevent migration from having social dumping effects, a strict enforcement of equal labour and welfare rights for both migrants and local workers is required. However, we claim that the specific circumstances of those migrants who engage in temporary migration may require a regime of special rights and labour standards that protect and further their distinctive interests and needs. We defend this claim by appealing to the principle that labour and welfare rights should (...) accommodate the life plans of workers and we show that not only these special arrangements are fairer to the migrants involved, but they could also help to prevent social dumping. (shrink)

Temporary labor migration constitutes a significant trend of migration movements within the European Union, especially after the 2004 and 2007 EU enlargements. However, compared to other forms of TLM, intra-EU TLM has received scant attention from normative theorists. By drawing on Iris Marion Young's conception of structural injustice, this article analyzes the injustice of TLM within the EU. It argues that purely rights-based approaches are deficient and that a structural injustice approach is needed. The latter sheds light on the formal (...) and informal processes that place EU temporary migrants in a condition of vulnerability and reveals the multiple individual and collective agents participating in such processes. Moreover, such an approach offers important insights into the agency of migrants by showing how they themselves reinforce structural processes that put not only individual temporary migrants but also similarly positioned migrants and other members of the sending and receiving countries in a vulnerable position. A structural injustice approach does not deny that intra-EU temporary labor migrants should enjoy the rights and entitlements that they currently have in the host country as European citizens. Nor does it dispute that reducing the vulnerability of temporary migrants may require “special rights” accommodating the specific nature of their life plans. Instead, though such rights may be necessary, a structural injustice approach demonstrates how they are insufficient to tackle the injustice of intra-EU TLM and other forms of temporary labor migration more broadly. (shrink)

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 (allegedly) produced by permanent migration. As a result, I shall argue that, for reasons of consistency, advocates (...) of restricting permanent migration should support restricting temporary labour migration programs as well. I conclude not by arguing that temporary labour migration programs should be abandoned, but rather that we must focus more seriously on re-constructing temporary labour migration programs that do not produce these dilemmas, as well as on generating policies that alleviate the challenges they often pose in receiving societies. (shrink)

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 (...) their situation. These children may be forced to move between these two countries. This situation generates an obligation for both states to act jointly to provide educational opportunities so that these children are fully conversant with both cultures and in both languages. Put succinctly, then, we argue that since children of immigrant families lack any certainty of permanent residence in the host society owing to the threat of deportation and the precarity of their legal status, host and home societies bear the duty to offer an education that allows them to be functional in both societies. (shrink)

This article examines whether restrictions on access to welfare rights for EU immigrants are justifiable on grounds of reciprocity. Recently political theorists have supported some robust restricti...

In this paper I will hold that it is desirable to ensure people be included within the borders and the political community both, but I will point out the potential incompatibility of the two. In an open-borders society, members of a polity would not be exclusively individuals who expect to stay in a country for a long time but also people who temporarily work and live there. Among this latter group would be individuals who would continuously migrate—call them hypermigrants. While (...) I agree that hypermigrants cannot be fully included in the decision making, excluding them is problematic because it justifies a hierarchical society. The case of hypermigrants points to the tension between treating people as equals by including them in a democratic system whose members do not simply support their own interests but strive for the common good and by including them in an open-borders society that acknowledges their life plans as of equal worth. To overcome these problems I will claim that it is possible to justify an account of a fluid demos that provides different levels of political inclusion and addresses the challenges of a hypermigration polity. In this account, citizenship and full political inclusion are granted to permanent members only but hypermigrants are partially included. This perspective recognises every member of the polity as equal and ensures that she has control over the relevant political decisions without undermining the idea that citizenship requires a sense of belonging to the political community and concern for its long-term interests. (shrink)

This paper looks at a recent challenge to the liberal inclusivist view that everyone on the state’s territory should have a path to citizenship. Economists have argued that giving immigrants an inferior legal status would persuade wealthy countries to admit more, with beneficial consequences for global justice. Whilst this trade-off might seem appealing from the impersonal perspective of the policymaker it generates incoherence from the perpective of the collective of democratic citizens, since it requires them to treat their own unjust (...) attitudes as an objective constraint. The paper also rejects the idea that a voluntary choice to migrate can be taken as consent to an inferior status. (shrink)

The philosophical debate on the freedom of movement focuses almost exclusively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such as travel, short-term (...) and circular migration. While most scholarly attention has focused on long-term migration, the vast majority of cross-border movement of people (approximately 85% of all cross-border movements in 2019) is short-term. The existing literature offers normative arguments for border controls, which are grounded on states’ right to self-determination, the freedom of (dis)association, the welfare state, the duty to compatriots, and brain drain. In this paper, I argue that these arguments do not justify excluding travelers, short-term and circular migrants from the territory. (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)

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)