While many argue investment-based criteria for immigration are wrong or at least problematic, skill-based criteria remain relatively uncontroversial. This is normatively inconsistent. This article assesses three prominent normative objections to investment-based selection criteria for immigrants: that they wrongfully discriminate between prospective immigrants that they are unfair, and that they undermine political equality among citizens. It argues that either skill-based criteria are equally susceptible to these objections, or that investment-based criteria are equally shielded from them. Indeed, in some ways investment-based criteria (...) are less normatively problematic than skill-based criteria. Given this analysis, the resistance to investment-based migration criteria, but not to skill-based criteria, is inconsistent. (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)

There is a broad consensus on the legitimacy of states to control immigration. However, this belief has recently been questioned, among other reasons, due to the contradiction with current practices in emigration and internal mobility. The principle of symmetry states that any restriction on immigration should also apply to emigration; or that, to the contrary, if there is a right to emigrate, there should be a corresponding right to immigrate. The principle of coherence posits that every reason one might have (...) for moving within a country also counts for moving between countries. This article proposes to extend the coherence principle from external to internal migration, arguing that the same reasons that justify restrictions on mobility across borders justify restrictions on mobility within borders too. Therefore, either freedom of movement is a fundamental right or the right of the political community to control mobility prevails. The interests at stake are in both cases the same, so asymmetry is not warranted. This leads us to an apagogical argument for open borders. (shrink)