Reshaping our methodological research tools for adequately capturing injustice and domination has been a central aspiration of feminist philosophy and social epistemology in recent years. There has been an increasingly empirical turn in recent feminist and political theorization, engaging with case studies and the challenges arising from conducting research in solidarity with unequal partners. I argue that these challenges cannot be resolved by merely adopting a norm and stance of deference to those in the struggle for justice. To conduct philosophical (...) research in an engaged and solidaristic manner, I suggest that deference be supplemented by three methodological and normative principles: 1) epistemic humility, 2) accountability, and 3) co-producing knowledge. I situate these principles within contemporary philosophical work on solidarity, and show how they might help confront power imbalances and other methodological hazards that arise when conducting research in solidarity with others. I arrive at these principles in part by critically reflecting on my own attempt to conduct research in solidarity with women’s rights activists in Senegal. (shrink)

Amartya Sen argues that sectarian discord and violence are fueled by confusion about the nature of identity, including the pervasive tendency to see ourselves as members of singular social groups standing in opposition to other groups (e.g. Democrat vs. Republican, Muslim vs. Christian, etc.). Sen defends an alternative model of identity, according to which we all inevitably belong to a plurality of discrete identity groups (including ethnicities, classes, genders, races, religions, careers, hobbies, etc.) and are obligated to choose, in any (...) given context, which among our multiple affiliations to prioritize. While Sen’s model of discrete identity prioritization is a clear advance over single-factor accounts, it overlooks significant lessons about identity from over 150 years of scholarship by feminists of color. In ignoring the experiences of women of color, Sen’s model falsely assumes that identities are in-principle separable for the purposes of practical deliberation; and, in obligating individuals to make such identity-based “reasoned choices,” Sen’s model forces those with multiply marginalized identities to choose from a set of externally defined identity options, none of which sufficiently captures their experiences. (shrink)

Journal of Social Philosophy, Volume 53, Issue 3, Page 296-316, Fall 2022.

In this review essay, I discuss two recent works in refugee and migration ethics, Serena Parekh’s No Refuge: Ethics and the Global Refugee Crisis and Amy Reed-Sandoval’s Socially Undocumented: Identity and Immigration Justice. I find that their methodological ambitions overlap significantly and that their arguments represent welcome and largely successful examinations of generally neglected issues. I also explain how both approaches could fruitfully learn from each other, and argue that they lay pioneering groundwork for future work to continue the analysis (...) of only nascent modes and areas of inquiry. (shrink)

Editor's introduction to special issue of Essays in Philosophy: Migration and Mobility.

Interdisciplinary work on the nature of borders and society has enriched and complicated our understanding of democracy, community, distributive justice, and migration. It reveals the cognitive bias of methodological nationalism, which has distorted normative political thought on these topics, uncritically and often unconsciously adapting and reifying state‐centered conceptions of territory, space, and community. Under methodological nationalism, state territories demarcate the boundaries of the political; society is conceived as composed of immobile, culturally homogenous citizens, each belonging to one and only one (...) state; and the distribution of goods is analyzed according to a stark opposition between the domestic and the international. This article describes how methodological nationalism has shaped central debates in political philosophy and introduces recent work that helps dispel this bias. (shrink)

Methodological nationalism is a cognitive bias that construes states as the natural and necessary form of contemporary social organisation. This gives rise to a state-centred view which naturalises national communities, exaggerates the differences between citizens and migrants, and exceptionalises international migration. In this paper, I argue that methodological nationalism is not only empirically inaccurate, but also normatively problematic, because its assumptions prevent migration ethicists from properly theorising about discrimination. I begin by briefly presenting methodological nationalism and clarifying some misconceptions. I (...) also identify some features that would make a policy discriminatory and show that many contemporary migration policies are discriminatory. Looking at three variants of methodological nationalism (naturalisation, territorialisation, and ignorance), I argue that methodological nationalism marginalises concerns about discrimination in migration ethics and prevents migration ethicists from developing accounts that would be able to counter xenophobic arguments. Last, I consider the implications of my argument for migration ethics. (shrink)

Should states naturalize long-term irregular migrants residing in their territory? Scholars such as Carens and Rubio-Marín have defended their naturalization by drawing on a theory of social membership. However, some have argued that the social membership account falls short of requiring the granting of citizenship to irregular migrants. Others, such as Brock, Ochoa Espejo, and Hosein, have attempted to defend a right not to be deported. I argue that relational equality can provide a defense for granting irregular migrants citizenship rights (...) – their complete naturalization – which avoids the limitations of both approaches: it provides a more solid grounding for granting citizenship to irregular migrants, and shows why a right to stay still leaves irregular migrants in a morally troubling position. Irregular migrants are subjected for long periods of time to the laws of the state they reside in without having any power or influence over them and face significant difficulties in leaving the country, which results in objectionable social inequality. I argue that such concerns about inequality of status override the right of the demos to determine its membership and concerns about irregular migrants’ original breaking of the law. (shrink)

This article explores how giving systematic attention to emotions could enhance grounded normative theory accounts. Grounded normative theory, and related approaches featuring an ‘ethnographic sensibility’, involve the conduct of original empirical research and/or analysis in the development of normative arguments. Each has been increasingly visible in normative political theory, focusing on moral claims in contexts such as migration, democratic practice, and grassroots struggles. Yet, while such approaches have sought to sensitively present experiences of injustice and exclusion within such contexts, they (...) have given relatively little attention to the emotional or ‘affective’ turn in normative theory and social science disciplines, where emotions are studied as integral to political/moral claims and the motivation of action. We highlight how a similar emphasis on emotions as integral to political and moral claims could enrich grounded normative theory, in part through presenting an illustrative analysis of emotional expressions by immigration detainees in the UK. We show how such analysis can expand normative inputs, and clarify or reveal normative issues arising in a given empirical context. We also highlight how grounded normative work could enrich normative treatments of political emotions. (shrink)

In this article, I offer a critical phenomenological investigation of immigrant indebtedness, with special focus on its temporality. I understand immigrant indebtedness as a relation of debt where what is owed is gratitude, and which takes on a special meaning when the debtor in question is racially construed as immigrant. Understood as such, immigrant indebtedness has the power to function as a social structure that organizes, conditions and impacts people’s lives. By analysing writer and poet Sumaya Jirde Ali's descriptions of (...) immigrant indebtedness in dialogue with Marianne Gullestad, Alia Al-Saji and Maurizio Lazzarato, I argue that the harm of immigrant indebtedness becomes visible once we pay attention to its temporal structure—involving the permanence of the debt-relation, the freezing and distortion of the past, as well as their limiting effects on future and present. (shrink)

Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, constraints on enforcement (...) by substate governments, and constraints on the actions of individuals. I show that there are significant limits on what states may do and what they may require substate governments and individuals to do, in enforcing their immigration laws, but that these constraints are not clearly incompatible with significant state discretion in setting immigration policy. Nonetheless, consideration of justice in enforcement is necessary for any complete normative account of immigration. (shrink)

How should we make sense of pregnancy discrimination as an issue of gender equality? In a striking 1974 decision, Geduldig v. Aiello, the U.S. Supreme Court has answered that we simply cannot. Pregnancy discrimination does not constitute a form of sex discrimination prohibited by law, the 6–3 decision claims, because differential treatment based on pregnancy draws only a gender-neutral line between “pregnant women” and “nonpregnant persons,” not the gender line between women and men. While courts have since invoked Geduldig to (...) curtail both reproductive and transgender rights, the prevailing feminist response to this line of cases is still to double down on an awkwardly cissexist conception of gender, finding the sex discrimination in the “direct” way that pregnancy is thought to connect to womanhood. The failure of that prevailing feminist response, legitimizing rather than challenging biological essentialism in legal analysis and public discourse, epitomizes a broader failure of feminist analysis and intersectional solidarity: it fails to confront the political and social problem that is pregnancy discrimination for either cis or trans people. This essay offers a trans feminist alternative. I argue that pregnancy discrimination is discrimination on the basis of sex, within the legally relevant meaning of that phrase, not because pregnancy is in one way or another distinctive to women as a gender category but because pregnant persons make up a gender category of their own. On my analysis, pregnancy discrimination comes out as a form of sex discrimination directly and immediately, not by way of womanhood. (shrink)

In this paper I present two reasons why generalized skill-selection--a policy whereby skill, education, and economic independence are indefinitely prioritized in immigration decisions--is pro tanto unjust. First, such policies feed into existing biases, exacerbating status harms for low-SES citizens. The claim that we prefer the skilled to the unskilled, the educated to the uneducated, and the financially secure to the insecure is also heard by citizens. And there is considerable overlap between this message and the stereotypes and biases that set (...) their social status. Skill-selection can reinforce these biases, offering state support for the claim that they are less desirable as members of the society. -/- Second, the need for skilled immigrants ordinarily depends upon and reinforces failures of fair equality of opportunity (FEO). According to the dependency thesis, the need for skilled migrants stems from a failure to ensure domestic FEO. Many low-SES residents would desire to work, for example, as doctors or nurses. However, unequal education, as well as poverty and debt, have made such opportunities largely inaccessible. According to the reinforcement thesis, skill-selection disincentivizes the pursuit of FEO. A state that can meet domestic labor needs through less costly immigration policies will be disinclined to pursue programs designed to equalize opportunities for low-SES residents. -/- Generalized skill-selection in high-income countries like the US is, therefore, pro tanto unjust. However, this is not an argument for excluding the skilled. Skilled immigrants can be admitted through other policies—open borders, family-reunification, or a lottery—without the state signaling that the skilled are more desirable or perpetuating failures of FEO. And states can, responding to local emergencies, temporarily select for particular professions without contributing to these injustices. These concerns only arise when skill is generally and indefinitely prioritized. (shrink)

In order for a state to rightfully exercise self-determination by means of setting policies concerning migrants and migration, they must be legitimate, Gillian Brock argues in _Justice for People on the Move_. Legitimacy, in Brock’s view, requires that states satisfy three (jointly sufficient) conditions: they must respect their own citizens’ human rights; they must be a part of a legitimate state system; and they must adequately contribute to the maintenance of this state system. In her new book, Brock also argues (...) persuasively for a variety of migration-related policies that states ought to adopt (concerning, for example, addressing the needs of refugees, regularization of undocumented migrants, and protections for temporary labor migrants). In previous work (Brock, _Global Justice: A Cosmopolitan Account_, Oxford University Press, New York, 2009; Brock and Blake, _Debating Brain Drain: May Governments Restrict Emigration?_, Oxford University Press, New York, 2015), Brock has compellingly defended the justice of policies designed to allay the harmful effects of brain drain. In this commentary, I wish to argue that the legitimacy standard Brock defends in _Justice for People on the Move_ is an obstacle to the justified adoption of the migration-related policies Brock demonstrates here and in previous work to be substantively morally justified, if not required by justice. If a state is not legitimate, then it lacks the moral standing to adopt migration policies that are otherwise morally justified. I do not intend to question the importance of the concept of state legitimacy for political philosophy generally. However, I wish to argue that that in the context of migration justice, considerations of state legitimacy may be contrary to the goal of defending a view on what policies a state ought to adopt. It may be more useful simply to consider whether or not there is moral justification for a particular state to adopt a particular policy. (shrink)

Low-skilled migrants in wealthy receiving states are routinely subordinated across a range of social contexts. There is a rich philosophical literature on the inferiorizing effects of “crimmigration”—that is, the growing criminalization of unauthorized migrants and the state’s use of uniquely harsh law enforcement methods against them. Yet there is less interest in the existing racialized division of migrant labor. Low-skilled Latino/a/x migrants disproportionately perform “dirty” and “difficult” work that citizens do not wish to perform. Theoretically, this division of labor is (...) compatible with a more permissive immigration system that legally admitted far larger numbers of low-skilled migrants to continue “doing the dirty work.” Indeed, many have assumed the desirability of such a system. Against this, I argue that “crimmigration” and the racialized division of migrant labor cannot be conceptually disentangled. Rather, they are mutually constitutive in reproducing background conditions that constrain the social equality of low-skilled migrants, as well as others perceived to be such. “Crimmigration” has not only excluded migrants, but enabled states to include them on socially unequal terms: as an instrumental and fungible source of cheap labor. Drawing on Alasia Nuti’s valuable observation that “banal” historical mechanisms like stereotypes and social scripts can play a crucial role in maintaining present-day injustice, I show that stereotypes of migrants as workers in low-skilled occupations, as well as the expectation that they continue to take on those jobs, also profoundly undermine immigration justice. (shrink)