In this paper, I discuss some of the criteria that liberal states have used to choose between potential immigrants. While overtly racist policies have been widely condemned and abolished, many states have still in the recent past selected immigrants based on their ethnicity and/or language competency. I argue that even apparently more benign examples of ethnic and linguistic selection are unacceptable because they tend to express a morally problematic message that members of certain ethnic groups within the territory—the people who (...) are really from there— occupy a privileged position within the political community. And this means, I argue, that they unjustly exclude members of other ethnic groups. Finally, I address some special features of linguistic selection that are sometimes thought to make it justifiable, including the de facto inevitability of promoting some languages more than others, the fact that languages can be learned voluntarily, and the fragility of minority languages in territories where there is another language that is more universally known. (shrink)

The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a justified (...) malum prohibitum the wrongness of which resides in its being a violation of a justified immigration regulation; according to the third, IM is a malum in se the wrongness of which resides in its harmful consequences for receiving states’ citizens. My thesis is that none of these arguments succeeds in providing us with sufficiently good reasons to justify the use of criminal punishment to enforce the closure of state borders. As regards the first, I argue that it relies on a misleading conception of what is entailed by states’ territorial sovereignty, and that therefore it is unsound as an argument for the state’s right to control immigration. With regard to the second, I argue that, be they legitimate or not, immigration regulations enacted by states cannot provide those would-be immigrants they aim to exclude with content-independent reasons to comply with them; and this is a necessary pre-condition to conclude that IM is a justified malum prohibitum. As regards harm-based approaches, I argue that the notions they rely on are completely unfit as criteria for criminalization. This leads me to the conclusion that, unless other more convincing arguments are provided for, IM should not be criminalized. (shrink)

The open borders view is frequently dismissed for making infeasible demands. This is a potent strategy. Unlike normative arguments regarding open borders, which tend to be relatively intractable, the charge of infeasibility is supposed to operate as what we call a "normative argument-stopper." Nonetheless, we argue that the strategy fails. Bringing about open borders is perfectly feasible on the most plausible account of feasibility. We consider and reject what we take to be the only three credible ways to save the (...) charge of infeasibility: by proposing an alternative account of feasibility; by proposing an alternative, more circumscribed interpretation of the subject-matter of feasibility claims; and by proposing a more expansive account of the addressees of the demand for open borders. The first fails to vindicate the claim that infeasibility is a normative argument-stopper. The second does not provide an argument against open borders at all. The third underestimates the power of at least some non-state actors. We conclude by drawing some lessons for the open borders view and the use of feasibility in politics more generally. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

The ethics of immigration is currently marked by a division between realists and idealists. The idealists generally focus on formulating morally ideal immigration policies. The realists, however, tend to dismiss these ideals as far-fetched and infeasible. In contrast to the idealists, the realists seek to resolve pressing practical issues relating to immigration, principally by advancing what they consider to be actionable policy recommendations. In this article, I take issue with this conception of realism. I begin by surveying the way in (...) which it exemplifies what certain political theorists have recently called ‘problem-solving’ realism – a species of realism which they reject as incoherent. These theorists demonstrate that what counts as a ‘feasible’ solution is far harder to establish than most problem-solving realists would have us believe. Applying this general critique to the specific domain of immigration ethics turns out to radically undermine the notion of realism that prevails in this sphere of applied ethics. I conclude that we should therefore revise our conception of what constitutes a genuinely realist approach to the problem of immigration. (shrink)

The United States may justifiably exclude unvaccinated aliens, perhaps even under the assumption of Open Borders, according to which people should generally be permitted to settle in countries of their choosing. Furthermore, there are good reasons to endorse the Centers for Disease Control and Prevention’s (CDC’s) current vaccination-related exclusion criteria, which were last revised in 2009. I frame my discussion around CDC’s 2008 decision to permit immigrant girls and women to be excluded if they were not vaccinated against human papillomavirus (...) (HPV)—a decision that was quickly reversed and that led to the 2009 revisions to CDC’s vaccination-related immigrant exclusion criteria. (shrink)

Discriminatory attitudes towards Muslim refugees are common in liberal democracies, and Muslim citizens of these countries experience high rates of discrimination and social exclusion. Uniting these two facts is the well-known phenomenon of Islamophobia. But the implications of overlapping discrimination against citizens and non-citizens have not been given sustained attention in the ethics of immigration literature. In this paper, I argue that liberal societies have not only duties to discontinue refugee policies that discriminate against social groups like Muslims, but remedial (...) duties to citizens who are in these social groups to adopt a more welcoming stance towards the groups that they are in. Further, I argue that a fitting way of adopting this more welcoming stance is to give refugees in these groups preferential treatment in asylum and resettlement. (shrink)

Liberals conceive of territorial rights as dependent on the legitimacy of the state, which is in turn understood in terms of the state’s protection of individual rights and freedoms. Such justifications of territorial rights have difficulties in addressing the right to control immigration, which is therefore in need of additional justification. The paper considers Christopher Heath Wellman’s liberal proposal for justifying the right to control immigration, which understands the right as derivative of a general right to freedom of association held (...) collectively by the people of the state. The paper argues that state legitimacy and freedom of political association fail to connect in the way required to justify a right to control immigration. Wellman’s argument conflates the state as an institution and the people as a political collective and elides the difference between territorial jurisdiction and associational freedom. (shrink)

International migration is increasing not only in absolute terms but also as a percentage of the global population. In 2019, international migrants made up 3.5 per cent of the global population, compared to 2.8 per cent in the year 2000. Over the past two decades, a philosophical literature has emerged to investigate what justice requires with respect to these vast migrant flows. My article criticizes much of this philosophical work. Building on the work of Charles Mills, I argue that the (...) terms in which many Anglo-American philosophers presently debate migration justice neglect and even obscure consideration of the ways in which current migration flows may be shaped by Euro-American colonialism and neo-colonialism. Such exclusions produce systematic biases in much of our philosophical literature. To develop less biased understandings of migration justice, I propose that Anglo-American philosophers should revise our methods and our conceptual frameworks to enable exploring the possible extent and ethical implications of colonial and neo-colonial influence. This is one part of the much larger task of decolonizing our political philosophy. (shrink)

Many of us take it for granted that states have a right to control the entry and settlement of non‐citizens in their territories, and hardly pause to consider or evaluate the moral justifications for immigration controls. For a long time, very few political philosophers showed a great deal of interest in the subject. However, it is now attracting much more attention in the discipline. This article aims to show that we most certainly should not take it for granted that states (...) enjoy a moral right to exclude would‐be immigrants. It is neither obvious nor uncontroversial. And if we cannot find adequate justifications for the existence of such a right, then we need to re‐evaluate the very backbone of current approaches to immigration policy. The paper begins with an overview of the existing academic debate about the extent of the right to freedom of movement. Next it introduces three arguments in support of the state’s right to exclude would‐be immigrants which draw on claims about the collective right to self‐determination. Finally it outlines three important challenges faced by these arguments in support of the state’s right to exclude. (shrink)

In response to the Covid pandemic the Norwegian government put in place the strictest border closures in Norwegian modern history, restricting entry to most foreign nationals. The Prime Minister, Erna Solberg, justified these restrictions with reference to the rise of new Covid variants, and the need to limit visitors to Norway as much as possible. In this paper we critically examine both the justification given for the border closure, and explore the possible adverse effects this closure might bring about. We (...) argue that the recent closures are not morally justified, that they place an unjust burden on transnational citizens and Norwegians with close relations abroad, and that such border closures can have severe impacts for many individuals, on Norway’s international standing and on social cohesion. (shrink)

In this paper I argue, contrary to recent literature, that it is unethical to create artificial agents possessing human-level intelligence that are programmed to be human beings’ obedient servants. In developing the argument, I concede that there are possible scenarios in which building such artificial servants is, on net, beneficial. I also concede that, on some conceptions of autonomy, it is possible to build human-level AI servants that will enjoy full-blown autonomy. Nonetheless, the main thrust of my argument is that, (...) in building such artificial agents, their creators cannot help but evince an objectionable attitude akin to the Aristotelian vice of manipulativeness. (shrink)

Wars and crises worldwide force millions of people to flee and seek refuge, often outside their countries of origin. What moral responsibilities do states have towards refugees? In this Ethical Annotation, Dr Jos Philips and his co-authors zoom in on the responsibilities of EU countries. They consider arguments in favour of and against admitting refugees and argue that EU countries must do at least at much as they can do at little cost, and perhaps even more.

This discussion looks at immigration through philosophical debates of democracy, coercion, and autonomy. There seems to be a fundamental contradiction between democratic state's border control and democratic legitimacy. First, I discuss the democratic legitimacy and the need for democratic justifications with the invasion of autonomy.Then, I discuss Arash Abizadeh's argument that border control is coercive and invades personal autonomy, and David Miller's response that border control does not amount to coercion, but is prevention. I conclude border control invades autonomy even (...) if it is not coercive, and thus, democratic justifications are needed. Ultimately, I suggest that open borders should be encouraged because it is the better alternative to what is required of democratic justification for close borders. (shrink)

The text introduces the concept behind the Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface between Empirical Research and Normative Analysis”. It explains why there is a need to study migration policies across disciplines, includes a short note on the current literature, and provides a look back at the workshop. DOI:10.17879/15199624685 .

Este artigo tem por objetivo analisar se não seria o caso que o trato diferenciado dedicado a cidadãos nacionais e imigrantes seria discriminatório. A questão dos imigrantes internacionais aflora atualmente nos mais distintos campos da sociedade. Entretanto, o foco da discussão aqui não é somente o ato de cruzar as fronteiras – ponto central de grande parte das publicações filosóficas sobre imigração. O cerne é a diferença entre direitos e obrigações de imigrantes internacionais e cidadãos nacionais. Não se trata de (...) cidadãos de um ou outro país, mas da categoria ‘cidadão nacional’ frente à categoria ‘estrangeiro’, independentemente do país. Será discutido o conceito de discriminação, a fim de que, sobre o pano de fundo deste conceito, sejam debatidas as restrições aos direitos dos estrangeiros. Com isso, pretende-se demonstrar que este tratamento diferenciado caracterizaria uma discriminação, pois os argumentos que sustentariam a diferenciação são insuficientes para justificá-la. -/- This paper aims to analyze whether the differential treatment dedicated to national citizens and immigrants would be discriminatory. The issue of international migrants arises today in very different fields of society. However, the core of the discussion here is not only the act of crossing borders – focus of much of the philosophical publications about immigration. The focus of the analysis is the difference of rights and obligations between international migrants and national citizens. It is not about one country or another, but the discussion concern the category ‘national citizen’ in relation to the ‘foreign’, regardless of the country. We will discuss the concept of discrimination, in order to debate the restrictions over the rights of the strangers on the background of this conceptualization. Our goal is to show that this differential treatment would characterize as discrimination, because the arguments that support this differentiation are insufficient for justifying it. (shrink)