The Ethics of Immigration is a wonderfully comprehensive and insightful journey through all the major contemporary ethical issues concerning immigration. Through this outstandingly well-crafted work, Carens builds a compelling case for many important positions on how we should treat migrants. Nevertheless, I believe there are some tensions in his arguments that could do with more analysis. I present some of these issues in this article. These include some important problems with arguments for the right to education for children of irregular (...) migrants and those concerning admission, his general position on refugees, and his views about what is required in order to treat temporary workers fairly. (shrink)

In response to the concern that ethnically diverse immigrants are not being sufficiently integrated into receiving liberal democratic societies, liberal nationalists have offered two specific naturalization policy proposals. The first would require naturalizing immigrants to assimilate the national culture of the receiving society; the second would encourage newcomers to adopt the prevailing civic national identity. This paper rejects these proposals. In contrast to liberal nationalists, I deny that good citizenship presupposes a common culture or civic national identity and I develop (...) a non-nationalist naturalization model that would encourage immigrants to become integrated into liberal democratic societies by participating in their major socio-economic and political institutions and practices. (shrink)

This article addresses two central topics in normative debates on transnational citizenship: the inclusion of resident non-citizens and of non-resident citizens within the demos. Through a critical review of the social membership (Carens, Rubio-Marin) and stakeholder (Baubock) principles, it identifies two problems within these debates. The first is the antinomy of incorporation, namely, the point that there are compelling arguments both for the mandatory naturalization of permanent residents and for making naturalization a voluntary process. The second is the arbitrary demos (...) problem and concerns who determines whether expatriate voting rights are granted (and on what terms). The argument developed provides a way of dissolving the first problem (and defending the proposed solution against possible objections) and resolving the second problem. In doing so it provides a defensible normative basis for the political theory of transnational citizenship. (shrink)

Over the last decade, states have increasingly emphasised the importance of integration, and translated it into legal regulations that demand integration from immigrants. This paper criticises a specific aspect to this development, namely the tendency to make permanent residency dependent on language skills and, as such, seeks to raise doubts as to the moral acceptability of the requirement of linguistic integration. The paper starts by arguing that immigrants after a relatively short period of time acquire a moral claim to permanent (...) residency in their host country. Accordingly, states may not limit residency at their discretion. Nevertheless, three arguments may seem promising for defending the requirement of linguistic integration: that the immigrants’ moral claim conflicts with a stronger moral claim on the part of the larger society, and this makes an infringement of the immigrants’ claim proportionate; that language requirements may be legally demanded as a precondition for permanent residency for the immigrants’ own sake; and that language requirements are defensible, as far as immigrants may be understood to have consented to such regulation upon entry to the country. This paper argues that all three must be rejected. (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)

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 (...) excluded from the political community. For if the self-determining political community has the right to decide who should form the self in the first place, then that right should count against both newcomers by immigration and newcomers by birth. Or so the concern goes. In this essay, I defend statism against this line of criticism and provide a liberal justification for the inclusion of children born within the state’s borders. My account leads to some surprising implication for citizenship law, as well as immigration arrangements in the area of asylum and unauthorized immigration. (shrink)

© © Cambridge University Press 2015. Long-term immigrants often have the option but not the obligation to acquire citizenship in their state of residence. Contrary to the received wisdom, this article defends the idea of mandatory citizenship for immigrants. It suggests that the current asymmetry in the distribution of political obligations between native-born citizens and immigrants is unfair. It also argues that mandatory citizenship is required by the principle that those who persistently affect others should share a democratic setting. Finally, (...) it claims that mandatory citizenship is more compatible with the ideal of democratic equality and more conducive to a stable society. (shrink)

Many international law scholars have begun to argue that the modern world is experiencing a "decline of citizenship," and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a "civic" notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a (...) just citizenship policy requires some form of both the jus soli (citizenship based on location of birth) and the jus sanguinis (citizenship based on "blood" or descent) approaches to citizenship acquisition. In the course of this argument I show why arguments made by Peter Schuck, Rogers Smith, Peter Spiro, Linda Bosniak, and Ayelet Shachar, among others, against this view, are mistaken. This justice-based approach to citizenship also has significant implications for naturalization law and policy. First, I argue that it requires open and easy naturalization and show why the use of naturalization policy to foster national identification is wrong. Second, I demonstrate that if naturalization is easy and open, some rules limiting certain social benefits and privileges to citizens may be compatible with justice, thereby providing a foundation for future discussions of alienage law. (shrink)

This work explores the increasing militarization of borders throughout the world, particularly the United States border with Mexico. Rather than further rhetoric of "border security," this work views increases in guards, technology and the building of walls as militarized action. The goal of this essay is to place the onus upon states to justify their actions at borders in ways that do not appeal to tropes of terrorism. This work then explores how a logic of security infiltrates philosophical discussions of (...) "the right to exclude," thereby curtailing the ability to see borders in any other way than as a locale that must be militarized. Specifically, I analyze the work of Michael Blake and his juridical theory of immigration restrictions. I argue that his work necessitates the walling of borders and removal of those who create new obligations for current members of existing political institutions. (shrink)

In this paper, I argue that deportations often serve as “theaters of inequality” that reinforce the unjust, widely held perception that Latina/os and Latin Americans do not belong in the United States and can therefore be treated as inferiors. My analysis focuses on the United States but is intended to be applicable to other states and contexts. Working within a relational egalitarian framework, I argue that in those cases where deportations constitute theaters of inequality, they are unjust and prima facie (...) impermissible. (shrink)

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 (...) economy and for poor countries in particular,” in comparison with other policies, such as trade liberalization. (shrink)