Results for 'Immigration'

111 found
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  1. Immigration: The Case for Limits.David Miller - 2005 - In Andrew I. Cohen & Christopher Heath Wellman (eds.), Contemporary Debates in Applied Ethics. Wiley-Blackwell. pp. 193-206.
    This article by David Miller is widely considered a standard defense of the (once) conventional view on immigration restrictionism, namely that (liberal) states generally have free authority to restrict immigration, save for a few exceptions.
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  2. Immigration and Self-Determination.Bas van der Vossen - 2015 - Politics, Philosophy and Economics 14 (3):270-290.
    This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify immigration restrictions and show that each of (...)
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  3. Immigration, Class, and Global Justice: Some Moral Considerations/Implications.Alex Sager - 2012 - In Micheline Labelle, Jocelyne Couture & Frank Remiggi (eds.), La communauté politique en question. Regards croisés sur l’immigration, la citoyenneté, la diversité et le pouvoir. UQAM Press. pp. 21-46.
    I argue for the importance of class-based analysis for analyzing the justice of migration policies. I contend that the abstract, liberal discourse of much writing on justice and immigration distorts our moral judgments. In contrast, I provide a class-based critique of the role of human capital in managed migration, drawing evidence from Canada’s Seasonal Agricultural Worker and Live-in Caregiver Programs. This reveals the domination and exploitation inherent in these migration policies and allows us to situate immigration in a (...)
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  4.  80
    Immigration and Libertarianism: Open Borders Versus Directionalism.J. C. Lester - manuscript
    There is a long and continuing debate on the correct libertarian approach to immigration. This essay first imagines a minimal-state libertarian UK, and then the introduction of several relevant anti-libertarian policies and their increasingly disastrous effects. It is argued that ‘reversing’ these imagined policies, as far as is politically possible, would be the correct way forward. Several open-border texts are then criticised, mainly for overlooking the likely huge scale of immigration. The conclusion outlines three broad options on (...) and suggests that directionally-libertarian policies are far more libertarian and practical than open borders. (shrink)
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  5. “Dreamers” and Others: Immigration Protests, Enforcement, and Civil Disobedience.Matthew J. Lister - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):15-17.
    In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this (...)
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  6. Open Borders and the Right to Immigration.Peter Higgins - 2008 - Human Rights Review 9 (4):525-535.
    This paper argues that the relevant unit of analysis for assessing the justice of an immigration policy is the socially-situated individual (as opposed to the individual simpliciter or the nation-state, for example). This methodological principle is demonstrated indirectly by showing how some liberal, cosmopolitan defenses of "open borders" and the alleged right of immigration fail by their own standards, owing to the implicit adoption of an inappropriate unit of analysis.
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  7. Immigration as a Human Right.Kieran Oberman - 2016 - In Sarah Fine & Lea Ypi (eds.), Migration in Political Theory: The Ethics of Movement and Membership. Oxford: Oxford University Press. pp. 32-56.
    This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be restricted in certain (...)
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  8. Self-Determination, Immigration Restrictions, and the Problem of Compatriot Deportation.Javier Hidalgo - 2014 - Journal of International Political Theory 10 (3):261-282.
    Several political theorists argue that states have rights to self-determination and these rights justify immigration restrictions. Call this: the self-determination argument for immigration restrictions. In this article, I develop an objection to the self-determination argument. I argue that if it is morally permissible for states to restrict immigration because they have rights to self-determination, then it can also be morally permissible for states to deport and denationalize their own citizens. We can either accept that it is permissible (...)
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  9. The Ethics of Immigration and the Justice of Immigration Policies.Peter Higgins - 2015 - Public Affairs Quarterly 29 (2):155-174.
    A large portion of normative philosophical thought on immigration seeks to address the question “What policies for admitting and excluding foreigners may states justly adopt?” This question places normative philosophical discussions of immigration within the boundaries of political philosophy, whose concern is the moral assessment of social institutions. Several recent contributions to normative philosophical thought on immigration propose to answer this question, but adopt methods of reasoning about possible answers that might be taken to suggest that normative (...)
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  10.  66
    Private Contractors, Foreign Troops, and Offshore Detention Centers: The Ethics of Externalizing Immigration Controls.Alex Sager - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):12-15.
    Despite the prevalence of externalization, much work in the ethics of immigration continues to assume that the admission of immigrants is determined by state immigration officials who decide whether to admit travelers at official crossings. This assumption neglects how decisions about entrance have been increasingly relocated abroad – to international waters, consular offices, airports, or foreign territories – often with non-governmental or private actors, as well as foreign governments functioning as intermediaries. Externalization poses a fundamental challenge to achieving (...)
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  11. Immigration, Ethics, and the Hermeneutics of Suspicion: Methodological Reflections on Joseph Carens’ The Ethics of Immigration.Alex Sager - 2014 - Ethical Perspectives 21 (4):590-99.
    In The Ethics of Immigration, Joseph Carens’ builds a sophisticated account of justice in immigration based on an interpretation of liberal states’ democratic principles and practices. I dispute Carens’ contention that his hermeneutic methodology supports a broadly liberal egalitarian consensus; instead, the consensus he detects on principles and practices appears because his interpretation presupposes liberal egalitarianism. Carens’ methodology would benefit by engaging with a “hermeneutics of suspicion” that explores the ideological and exclusionary facets of liberal egalitarian principles when (...)
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  12. Enforcement Matters: Reframing the Philosophical Debate Over Immigration.José Jorge Mendoza - 2015 - Journal of Speculative Philosophy 29 (1):73-90.
    In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over (...) by showing both how ethical limits on enforcement circumscribe the options legitimate states have in determining their immigration policy and how all immigrants (including undocumented immigrants) are entitled to certain protections against a state’s enforcement apparatus. (shrink)
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  13. The Duty to Disobey Immigration Law.Javier Hidalgo - 2016 - Moral Philosophy and Politics 3 (2).
    Many political theorists argue that immigration restrictions are unjust and defend broadly open borders. In this paper, I examine the implications of this view for individual conduct. In particular, I argue that the citizens of states that enforce unjust immigration restrictions have duties to disobey certain immigration laws. States conscript their citizens to help enforce immigration law by imposing legal duties on these citizens to monitor, report, and refrain from interacting with unauthorized migrants. If an ideal (...)
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  14. Latino/a Immigration: A Refutation of the Social Trust Argument.José Jorge Mendoza - 2015 - In Harald Bauder & Christian Matheis (eds.), Migration Policy and Practice: Interventions and Solutions. Palgrave-Macmillan. pp. 37-57.
    The social trust argument asserts that a political community cannot survive without social trust, and that social trust cannot be achieved or maintained without a political community having discretionary control over immigration. Various objections have already been raised against this argument, but because those objections all assume various liberal commitments they leave the heart of the social trust argument untouched. This chapter argues that by looking at the socio-historical circumstances of Latino/as in the United States, an inherent weakness of (...)
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  15. Immigration, Global Poverty and the Right to Stay.Kieran Oberman - 2011 - Political Studies 59 (2):253-268.
    This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling (...)
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  16. U.S. Border Wall: A Poggean Analysis of Illegal Immigration.Kim Díaz - 2010 - Philosophy in the Contemporary World 17 (1):1-12.
    Drawing on the work of John Rawls and Thomas Pogge, I argue that the U.S. is in part responsible for the immigration of Mexicans and Central Americans into the U.S. By seeking to further its national interests through its foreign policies, the U.S. has created economic and politically oppressive conditions that Mexican and Central American people seek to escape. The significance of this project is to highlight the role of the U.S. in illegal immigration so that we may (...)
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  17. Doing Away with Juan Crow: Two Standards for Just Immigration Reform.José Jorge Mendoza - 2015 - APA Newsletter on Hispanic/Latino Issues in Philosophy 15 (2):14-20.
    In 2008 Robert Lovato coined the phrase Juan Crow. Juan Crow is a type of policy or enforcement of immigration laws that discriminate against Latino/as in the United States. This essay looks at the implications this phenomenon has for an ethics of immigration. It argues that Juan Crow, like its predecessor Jim Crow, is not merely a condemnation of federalism, but of any immigration reform that has stricter enforcement as one of its key components. Instead of advocating (...)
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  18. Are Skill-Selective Immigration Policies Just?Douglas MacKay - 2016 - Social Theory and Practice 42 (1):123-154.
    Many high-income countries have skill-selective immigration policies, favoring prospective immigrants who are highly skilled. I investigate whether it is permissible for high-income countries to adopt such policies. Adopting what Joseph Carens calls a " realistic approach " to the ethics of immigration, I argue first that it is in principle permissible for high-income countries to take skill as a consideration in favor of selecting one prospective immigrant rather than another. I argue second that high-income countries must ensure that (...)
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  19. Immigration: The Missing Requirement for an Ethics of Race.José Jorge Mendoza - 2012 - Radical Philosophy Review 15 (2):359-364.
    In her book, The Ethics and Mores of Race, Naomi Zack offers her readers a critical and historical examination of philosophical ethics. This comprehensive and illuminating examination of philosophical ethics concludes by yielding twelve requirements for an ethics of race. While these twelve requirements are not in-themselves an ethics of race, the hope is that these requirements will be sufficient to finally allow us to explicitly engage in ethical treatments of race. My view is that Zack’s argument is basically on (...)
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  20. Moral Cosmopolitanism and the Right to Immigration.Yusuf Yuksekdag - 2012 - Public Reason 4 (1-2):262-272.
    This study is devoted to the ways and means to justify a ‘more’ cosmopolitan realization of certain policy implications, in the case of immigration. The raison d’être of this study is the idea that the contemporary debate over open borders suffers from indeterminate discussions on whether liberal states are entitled to restrict immigration. On the other hand, most of the liberal cosmopolitan accounts neglect the detrimental consequences of their open borders argument – which take it as a means (...)
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  21. Towards a Non-Positivist Approach to Cosmopolitan Immigration: A Critique of the Inclusion/Exclusion Dialectic and an Analysis of Selected European Immigration Policies.Mason Richey - 2010 - Journal of International and Area Studies 17 (1):55-74.
    This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy by coupling elements of Frankfurt School methodology to (...)
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  22. The Political Philosophy of Unauthorized Immigration.José Jorge Mendoza - 2011 - APA Newsletter on Hispanic/Latino Issues in Philosophy 10 (2):2-6.
    In this article, I broadly sketch out the current philosophical debate over immigration and highlight some of its shortcomings. My contention is that the debate has been too focused on border enforcement and therefore has left untouched one of the more central issue of this debate: what to do with unauthorized immigrants who have already crossed the border and with the “push and pull” factors that have created this situation. After making this point, I turn to the work of (...)
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  23.  95
    Mexican Immigration Scenarios Based on the South African Experience of Ending Apartheid.Kim Diaz & Edward Murguia - 2008 - Societies Without Borders 3 (2):209-227.
    How can we ameliorate the current immigration policies toward Mexican people immigrating to the United States? This study re-examines how the development of scenarios assisted South Africa to dismantle apartheid without engaging in a bloody civil war. Following the scenario approach, we articulate positions taken by different interest groups involved in the debate concerning immigration from Mexico. Next, we formulate a set of scenarios which are evaluated as to how well each contributes to the well-being of the populace (...)
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  24.  99
    Immigration, Interpersonal Trust and National Culture.Lubomira Radoilska - 2014 - Critical Review of International Social and Political Philosophy 17 (1):111-128.
    This article offers a critical analysis of David Miller’s proposal that liberal immigration policies should be conceptualized in terms of a quasi-contract between receiving nations and immigrant groups, designed to ensure both that cultural diversity does not undermine trust among citizens and that immigrants are treated fairly. This proposal fails to address sufficiently two related concerns. Firstly, an open-ended, quasi-contractual requirement for cultural integration leaves immigrant groups exposed to arbitrary critique as insufficiently integrated and unworthy of trust as citizens. (...)
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  25.  70
    Arguing for Open Borders: The Ethics of Immigration[REVIEW]Andy Lamey - 2014 - Literary Review of Canada 22 (April):12-13.
    The Ethics of Immigration, by Joseph Carens, Oxford University Press, 2013. -/- Joseph Carens is arguably the most prominent political theorist to defend open borders, a view which he did much to make intellectually respectable in a famous 1987 article, “Aliens and Citizens: The Case for Open Borders.” In The Ethics of Immigration Carens again defends the open borders view, but with a new rationale. Whereas before he argued that seemingly opposed philosophies provided converging support for open borders, (...)
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  26.  31
    The Jurisdiction Argument for Immigration Control.Andy Lamey - 2016 - Social Theory and Practice 42 (3):581-604.
    Jurisdictionism offers a new rationale for restricting immigration. Immigrants impose new obligations on the people whose territories they enter. Insofar as these obligations are unwanted, polities are justified in turning immigrants away, so long as the immigrants are from a country that respects their rights. The theory, however, employs a flawed account of obligation, which overlooks how we can be obliged to take on new duties to immigrants. Jurisdictionism also employs different standards when determining whether an obligation exists, only (...)
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  27.  21
    Public Property and the Libertarian Immigration Debate.Simon Guenzl - unknown
    A critical but underdeveloped part of the libertarian debate about immigration is the question of who, if anyone, owns public property, and the consequences of the answer to this question. Libertarians who favor restrictive immigration policies, such as Hans-Hermann Hoppe, argue that taxpayers own public property, and that the state, while it is in control of such property, should manage it on behalf of taxpayers in the same way private owners would manage their own property. In other words, (...)
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  28. Resistance to Unjust Immigration Restrictions.Javier Hidalgo - 2015 - Journal of Political Philosophy 23 (4):450-470.
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  29. Politics of Immigration[REVIEW]Alex Sager - 2014 - Nationalism and Ethnic Politics 20 (4):476-8.
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  30.  97
    Immigration and the Constraints of Justice (Review). [REVIEW]Alex Sager - 2012 - Journal of Politics 74 (3):e35.
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  31. Immigration and Equality.Adam Hosein & Adam Cox - manuscript
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  32.  29
    Humanity’s Collective Ownership of the Earth and Immigration.Risse Mathias - 2016 - Journal of Practical Ethics 4 (2):31-66.
    In my 2012 book On Global Justice, I argued that humanity’s collective ownership of the earth should be central to reflection on the permissibility of immigration. Other philosophers have recently offered accounts of immigration that do without the kind of global standpoint provided by collective ownership. I argue here that all these attempts fail. But once we see how humanity’s collective ownership of the earth can deliver a genuinely global standpoint on immigration, we must also consider two (...)
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  33. For (Some) Immigration Restrictions.Hrishikesh Joshi - forthcoming - In Bob Fischer (ed.), Ethics, Left and Right: The Moral Issues That Divide Us. Oxford University Press.
    According to many philosophers, the world should embrace open borders – that is, let people move around the globe and settle as they wish, with exceptions made only in very specific cases such as fugitives or terrorists. Defenders of open borders have adopted two major argumentative strategies. The first is to claim that immigration restrictions involve coercion, and then show that such coercion cannot be morally justified. The second is to argue that adopting worldwide open borders policies would make (...)
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  34. Can Brain Drain Justify Immigration Restrictions?Kieran Oberman - 2012 - Ethics 123 (1):427-455.
    This article considers one seemingly compelling justification for immigration restrictions: that they help restrict the brain drain of skilled workers from poor states. For some poor states, brain drain is a severe problem, sapping their ability to provide basic services. Yet this article finds that justifying immigration restrictions on brain drain grounds is far from straightforward. For restrictions to be justified, a series of demanding conditions must be fulfilled. Brain drain does provide a successful argument for some (...) restrictions, but it is an argument that fails to justify restrictions beyond a small minority of cases. (shrink)
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  35. Justice in Labor Immigration Policy.Caleb Yong - 2016 - Social Theory and Practice 42 (4):817-844.
    I provide an alternative to the two prevailing accounts of justice in immigration policy, the free migration view and the state discretion view. Against the background of an internationalist conception of domestic and global justice that grounds special duties of justice between co-citizens in their shared participation in a distinctive scheme of social cooperation, I defend three principles of justice to guide labor immigration policy: the Difference Principle, the Duty of Beneficence, and the Duty of Assistance. I suggest (...)
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  36.  98
    Fertility, Immigration, and the Fight Against Climate Change.Jake Earl, Colin Hickey & Travis N. Rieder - 2017 - Bioethics 31 (8):582-589.
    Several philosophers have recently argued that policies aimed at reducing human fertility are a practical and morally justifiable way to mitigate the risk of dangerous climate change. There is a powerful objection to such “population engineering” proposals: even if drastic fertility reductions are needed to prevent dangerous climate change, implementing those reductions would wreak havoc on the global economy, which would seriously undermine international antipoverty efforts. In this article, we articulate this economic objection to population engineering and show how it (...)
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  37. Why Restrictions on the Immigration of Health Workers Are Unjust.Javier Hidalgo - 2012 - Developing World Bioethics 12 (3):117-126.
    Some bioethicists and political philosophers argue that rich states should restrict the immigration of health workers from poor countries in order to prevent harm to people in these countries. In this essay, I argue that restrictions on the immigration of health workers are unjust, even if this immigration results in bad health outcomes for people in poor countries. I contend that negative duties to refrain from interfering with the occupational liberties of health workers outweighs rich states' positive (...)
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  38. Immigration Enforcement and Fairness to Would-Be Immigrants.Hrishikesh Joshi - forthcoming - In David Boonin (ed.), The Handbook of Philosophy and Public Policy. Palgrave Macmillan.
    This chapter argues that governments have a duty to take reasonably effective and humane steps to minimize the occurrence of unauthorized migration and stay. While the effects of unauthorized migration on a country’s citizens and institutions have been vigorously debated, the literature has largely ignored duties of fairness to would-be immigrants. It is argued here that failing to take reasonable steps to prevent unauthorized migration and stay is deeply unfair to would-be immigrants who are not in a position to bypass (...)
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  39. Immigration Rights and the Justification of Immigration Restrictions.Caleb Yong - 2017 - Journal of Social Philosophy 48 (4):461-480.
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  40. Freedom, Immigration, and Adequate Options.Javier S. Hidalgo - 2012 - Critical Review of International Social and Political Philosophy (2):1-23.
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  41.  70
    Justifying Resistance to Immigration Law: The Case of Mere Noncompliance.Caleb Yong - 2018 - Canadian Journal of Law and Jurisprudence 2 (31):459-481.
    Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on (...)
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  42.  52
    Review of Philip Cole, Philosophies of Exclusion: Liberal Political Theory and Immigration[REVIEW]Edmund Byrne - 2002 - Teaching Philosophy 25 (2):165-169.
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  43.  56
    A Classical Liberal Case for Immigration Reform.Gary James Jason - 2012 - Liberty (December):1-18.
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  44.  5
    Book Review Of: G. Becker, Immigration: Meeting the Challenge. [REVIEW]Gary James Jason - 2011 - Liberty:10/18/2011.
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  45.  42
    Pragmatic Alternatives to the Melting Pot Theory and Solutions for Modern Immigration Problems.Trenton Ogden - manuscript
    This paper shall begin by exploring the work of R. Bourne and his concept of transnationalism. The case shall be made for its advantages in contrast to the melting-pot theory but this essay shall further argue that it alone is not a sufficient alternative. Instead, the paper shall shift its focus to H. Kallen and his notions of cultural pluralism. In conjunction with one another, they will be used to argue against the melting-pot theory and more specifically, against Samuel Huntington (...)
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  46. Citizenship for Children: By Soil, by Blood, or by Paternalism?Luara Ferracioli - 2018 - Philosophical Studies 175 (11):2859-2877.
    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 (...)
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  47. The Contradiction of Crimmigation.José Jorge Mendoza - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):6-9.
    This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government (...)
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  48. The Ethics of People Smuggling.Javier Hidalgo - 2016 - Journal of Global Ethics 12 (3):311-326.
    ABSTRACTPeople smugglers help transport migrants across international borders without authorization and in return for compensation. Many people object to people smuggling and believe that the smuggling of migrants is an evil trade. In this paper, I offer a qualified defense of people smuggling. In particular, I argue that people smuggling that assists refugees in escaping threats to their rights can be morally justified. I then rebut the objections that people smugglers exploit migrants, have defective motivations, and wrongly violate the law. (...)
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  49. Selling Citizenship: A Defence.Javier Hidalgo - 2016 - Journal of Applied Philosophy 33 (3):223-239.
    Many people think that citizenship should not be for sale. On their view, it is morally wrong for states to sell citizenship to foreigners. In this article, I challenge this view. I argue that it is in principle permissible for states to sell citizenship. I contend that, if states can permissibly deny foreigners access to citizenship in some cases, then states can permissibly give foreigners the option of buying citizenship in these cases. Furthermore, I defend the permissibility of selling citizenship (...)
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  50. Neither a State of Nature nor a State of Exception.José Jorge Mendoza - 2011 - Radical Philosophy Review 14 (2):187-195.
    Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could (...)
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