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 (...) their skill-selective immigration policies do not contribute to the non-fulfillment of their duty to aid residents of low-and middle-income countries. (shrink)

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 how these principles are to be applied in both ideal and nonideal circumstances. Finally, I argue that the potential conflict between these principles has often been overstated, and propose priority rules for genuine cases of conflict. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, (...) I look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

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 (...) philosophical inquiry about immigration belongs to the field of ethics, whose concern is the moral assessment of individual action and character. This paper focuses particularly on recent work by Christopher Heath Wellman and Kieran Oberman, both of whom attempt to derive conclusions about the justice of aspects of states’ immigrant admissions policies from answers to the question “Is it morally permissible for person P to migrate internationally?” I argue in this paper that such individualist ethical approaches to normative philosophical reasoning about states’ immigration policies obscure factors consideration of which is indispensable for assessing their justice, producing misguided policy recommendations. These factors include the global structural causes of international migration, and the role wealthy receiving countries of the global North play in shaping these causes – factors that are better appreciated by political philosophy than by ethics, given the respective objects of concern of each. (shrink)

In the course of presenting a compelling and comprehensive framework for immigration justice, Brock addresses discriminatory immigration policies, focusing on recent attempts by the Trump administration to exclude Muslims from the U.S.. This essay critically assesses Brock’s treatment of the issue, and in particular the question of what made the Muslim ban and similar policies unjust. Through examining these issues, further questions regarding the immigration justice framework on offer arise.

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 case studies of (im)migration regimes. Lastly, I apply this analytical procedure to recent special changes in Spanish and UK immigration law. (shrink)

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 (...) both of Mexico and of the United States. The South African scenario model has proven to be an effective tool in times of political disagreement. It fosters a common language among competing groups, non-hierarchal communication among groups, and acknowledgement of the concerns of each group involved. (shrink)

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. (...) Secondly, the focus on national culture instead of citizenship obfuscates the close link between political membership and political trustworthiness. An examination of two models of interpersonal trust, affective and cognitive,shows that there is no room for the mid-way position associated with a quasi-contract. The effect of grounding political trust in a shared national culture instead of democratic institutions is to normalize the domination of immigrants and citizens alike. (shrink)

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 (...) the social trust argument gets exposed. Giving a political community discretionary control over immigration not only fails to deliver on the promise of social trust, but it actually seems to promote its opposite, social mistrust. This suggests that a far better way of promoting the goal of social trust, and at the same time abating social mistrust, is to actually circumvent a political community’s ability to control immigration by giving priority both to socio-historical circumstances and immigrant rights (at least in a minimalist sense) in determining immigration policy. (shrink)

Within the immigration debate, libertarians have typically come down in favor of open borders by defending two main ideas: i) individuals have a right to free movement; and ii) immigration restrictions are economically inefficient, so that lifting them can make everyone better off. This entry describes the rationale for open borders from a libertarian perspective (in part by analogy to the debate around minimum wage laws). Three main objections within the immigration literature are then discussed: i) the (...) view that states may restrict immigration to protect the interests (e.g. jobs) of their domestic needy; ii) the claim that restrictions are justified as a means of preserving culture; and iii) the influential argument that the right to freedom of association entails a right to exclude. These arguments are well-known, and I describe some of the compelling responses to be found in the recent literature. The essay then turns to more neglected critiques. The first concerns how liberal regimes should think about immigration from countries where the dominant norms are illiberal. The second examines the idea that political and economic institutions are sensitive to immigration policy, especially in the long run. Both of these critiques approach the topic from a non-ideal theory perspective, emphasizing the “public choice” dimensions of immigration policy. The entry closes by suggesting that this form of critique is especially important for open-borders libertarians to respond to given their general commitments to non-ideal, non-romantic theorizing in the context of government institutions and policy. (shrink)

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)

Although immigrants have been found to be particularly likely to engage in entrepreneurial activities in their host countries, very often their ability to do so is restricted by a range of challenges, including having limited access to finances. As a consequence, proactive immigrant entrepreneurs establish informal financial associations, which are known as stokvels in South Africa, in order to compensate for the general lack of available capital for their business ventures. Accordingly, this paper has sought to ascertain the role, which (...) stokvels play in the startups and the growth of Cameroonian-owned businesses, and also the strategies which they employ. A mixed-methods approach was adopted to conduct the study and purposive sampling was employed to obtain a research sample of 123 participants to respond to the survey questionnaire and 10 to take part in one-on-one in-depth interviews. The data was analysed through the use of the Statistical Package for Social Sciences (SPSS) software, which generated findings in the form of descriptive statistics. The results suggest that most emerging immigrant entrepreneurs struggle to obtain sufficient startup capital. It also emerged from the findings that stokvels played an equally significant role in providing the capital, which was necessary for the growth of their businesses. On the basis of the assumption that widening access to finance would improve both the startups and the growth of immigrant-owned businesses, the authors of this paper advocate for inclusive policy initiatives, which consider the unique characteristics of the immigrant entrepreneur. In addition, it is hoped that this paper will make a valid contribution to the discourse concerning inclusive finance and be of interest to policymakers and academics. (shrink)

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 (...) immigration 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)

Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise of (...) their freedom on the basis of morally arbitrary features of their identity. Discrimination is permissible, I suggest, when it is necessary to advance a valuable exercise of the discriminating agent’s freedom. I then apply this account to the case of social cost health requirements. Against critics of these requirements, I argue that it is sometimes permissible for states to discriminate against prospective immigrants with disabilities. States may do so, I suggest, when such discriminatory treatment is necessary to prevent an increase in rates of mortality and/or morbidity amongst citizens. Alongside critics of social cost health requirements however, I argue that existing policies are likely a form of wrongful discrimination insofar as they are too broad to satisfy this standard. (shrink)

Immigrant legalization policies pose an ethical dilemma between justice and the rule of law. On the one hand, liberal democracies aspire to the principles of individual liberty and equality. Building on liberal ideals of justice, compelling arguments have been made for granting legal status and a path to citizenship to unauthorized migrants by virtue of the social ties they have developed, their contributions to the host society, and their vulnerability to exploitation. On the other hand, legalization poses a challenge to (...) another important value, the rule of law, which requires government to operate within a framework of law in accordance with well-established public norms. Immigrant legalization programmes are said to undermine the rule of law because they reward lawbreaking, allow queue-jumping, and incentivize further unauthorized migration. This article clarifies each horn of the dilemma, focusing on rule of law arguments. We offer a critical reappraisal of immigrant legalization policies by reflecting on the normative meaning of the rule of law and by examining empirical evidence assessing the effects of legalization. Our central contention is that legalization policies can enhance the rule of law. We offer five rule of law arguments in support of legalization, which help to mitigate the dilemma between justice and the rule of law. We conclude by discussing some policy implications of our analysis. (shrink)

The challenges and opportunities associated with the education of immigrants predate modern school systems, though it certainly can be said that support for public schooling grew—for example, in Canada and the United States—as dominant (read White, Anglo-Saxon, Protestant) groups came to see the importance of integrating masses of disparate origin. Educational responses to the children of immigrants over time have been varied, and many responses are indistinguishable from efforts to address other minority groups. In North America, the rapid expansion of (...) immigration encompassing immigrant and refugee populations from around the world, particularly since the 1960s, has led to a number of structural and curricular changes in schools, only some of which were explicitly aimed at immigrants. One example of a policy aimed at the children of immigrants was bilingual education, and as this increasingly fell out of favor, ESL (English as a second language) classrooms became more common. However, with few exceptions, neither has been a very effective instrument for addressing the interests or concerns of immigrants themselves. Nevertheless, most parents strongly prefer that their children learn to master the dominant language, as a means of getting ahead. (shrink)

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.

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 (...) broader framework of global justice. (shrink)

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, (...) it should be quite selective about who may enter. Walter Block, who takes an “open borders” position, does not appear to dispute the claim that taxpayers own public property, but nevertheless argues that immigrants are entitled to ignore the state’s control of, and thus may freely enter, such property. In this article I explore the question of public property ownership using Rothbardian property rights principles. I conclude that, at least with respect to a particular type of public property, neither Hoppe’s nor Block’s reasoning is consistent with these principles. I also consider the idea that the state ought to have a role in managing public property in light of some libertarian anarchist ideas about the state. I conclude that supporting a legitimate role for the state as an immigration gatekeeper is inconsistent with Rothbardian and Hoppean libertarian anarchism, as well as with the associated strategy of advocating always and in every instance reductions in the state’s role in society. (shrink)

To explain the correct libertarian approach to immigration, a thought-experiment posits a minimal-state libertarian UK and then the introduction of several relevant anti-libertarian policies with their increasingly disastrous effects. It is argued that the reverse of these imagined policies, as far as is politically possible, must be the correct way forward. This framing is intended to counter the tendency for many articles to misapply libertarian principles to the current messy situation on the mistaken assumption that a state need only (...) stop interfering without rectifying or adjusting for its previous interferences. The relevant parts of various open-border texts are then criticised in light of this and for other errors, in particular for overlooking the likely huge scale of immigration as indicated by Gallup surveys. Additional criticisms are addressed in footnotes throughout. The conclusion outlines three broad options on immigration and suggests that directionally-libertarian policies are both more libertarian and practical than having states open their borders. The readers that might be interested in this subject matter include those engaging in libertarian philosophy, economics, and political theory. (shrink)

While immigrants are at liberty to start self-help financial associations (referred to as stokvels in South Africa) to cater for their unfufilled need for capital, the benefits of this laudable effort are seldom maximised due to a number of shortcomings. Aim: This paper seeks to ascertain the operational obstacles that immigrant-run stokvels face and to suggest solutions accordingly. Method: Aiming to complement each other, quantitative and qualitative research approaches were utilised to conduct this study. Quantitative and qualitative data were collected (...) through a self-administered questionnaire and one-on-one in-depth interviews. Purposive sampling technique was employed to reach the 123 participants who responded to the survey questionnaire and the 10 that took part in oneon-one in-depth interviews. Results: The typical immigrant African entrepreneur who participates in a stokvel, is a married male between ages of 30 and 46, and is fairly educated. While most of the respondents conceded that their stokvels faced operational problems, they also noted that the default on loan repayment and unskilled personnel on the loan management team were the issues of a greater concern. Hence, providing training and practical management skills becomes paramount to the smooth functioning of these stokvels. Uniqueness and implications: Though presumed to be a possible source of finance for immigrant-owned businesses, most studies have not explored the operational challenges that stokvels in South Africa face. The lessons drawn from this study may be of benefit to the respondents, policy-makers and academics. (shrink)

Often ‘nationalism’ and ‘having a state proper to the nation’ are considered as inseparable. Relatedly, when these thoughts are applied to the reality of sub-state nations, such as Flanders, Catalonia Basque Country and Québec, sub-state nationalism (SSN) and separatism seem to be conceptually entangled in their aim for an independent state. This chapter considers sub-state nationalism and sub-state separatism as conceptually distinct, and aims at examining the relationship between sub-state separatist political parties and immigration policies. This requires, on the (...) one hand focusing on the integration policies, given that often immigration policies with regard to admission and removal lies beyond the competence of sub-state nations. On the other hand, it focuses on the two major Flemish pro-independence parties, namely the Nieuwe Vlaamse Alliantie (N-VA), and Vlaams Belang (VB). While sub-state separatist movements appear to be particularly opposed to increasing immigration, they operate under a particular ‘legitimacy dilemma’ with its paradoxical tendencies to both exclude and include immigrants. The chapter will show contextually that even the relatively more inclusive political party positions, such as the ones taken by the N-VA, are not sufficiently inclusive, when the normative distinction between ‘cultural assimilation’ and ‘cultural integration’ is taken seriously. Theoretically, it will engage with a renowned articulation of the legitimacy dilemma offered by Will Kymlicka, to argue that it is not sufficient to account for the normative necessity to respect the ‘autonomy of immigrants’. As I will demonstrate, this has to do with the inability of the dilemma to distinguish sufficiently ‘cultural assimilation’ from ‘cultural integration’. In other words, on the one hand the chapter contributes to the apparent absence of strong defenses for ‘moral autonomy of immigrants, by describing what such an autonomy might imply for designing of integration policies. On the other hand, it critically assesses Flemish pro-independence parties’ concrete policies with respect to integration. By offering a contextual political theory on these issues, it offers an example of how a moral principle might be implemented, and serve as a critical focal point to evaluate public policies. (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)

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 to compensate people in need –, such as brain drain and the effects of brain drain on the opportunity sets of members of sending countries. Therefore I offer a moral cosmopolitan account of immigration which takes the interests of would-be immigrants, the residents in receiving, along with the residents in sending countries in respect to their opportunity sets because of the way arbitrary border control represents the inequality of opportunity. I do not provide a well-formed immigration policy here, yet I believe the account provided here is more feasible in considering phenomena such as brain drain. (shrink)

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 (...) fails. We argue, first, that the economic objection paints an inaccurate picture of the complicated relationship between demographic change and economic growth, and second, that any untoward economic effects of fertility reduction can be mitigated with additional policies. Specifically, we argue that supplementing fertility reduction with policies that facilitate the emigration of younger people from developing nations to developed nations could allow for both global reductions in GHG emissions and continued economic stability. Further, we show that moral arguments against such unprecedented increases in immigration are unsuccessful. We conclude that population engineering is a practical and morally justifiable tool for addressing the twin evils of climate change and global poverty. (shrink)

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, (...) now he bases his case on “democratic principles,” by which he means uncontroversial moral commitments that are widely shared in liberal states. Carens argues that one such commitment is to freedom, which can be understood as “not being the subject of the will of another.” A commitment to such a value would explain why freedom of movement within a state is considered a basic human right. But, Carens asks, if we have a general right to freedom of movement within countries, why not between them? -/- Carens has long noted that despite the attractiveness of open borders at the level of pure justice, it is deeply at odds with how immigration policy is normally viewed. Given this, Carens’ many writings on immigration have long approached it from a second perspective, one that puts aside questions of ideal theory and takes for granted the conventional view that states are entitled to discretionary control over their borders. This second perspective is the dominant one in The Ethics of Immigration, as Carens spends most of the book outlining standards of fair treatment for permanent residents, temporary workers, refugees and other migrants that do not presuppose any commitment to open borders. In this mode Carens offers a revised version of one his most thought-provoking and controversial arguments, defending amnesty for immigrants who first arrive illegally. -/- Carens’ investigation of immigration issues at both the level of ideal justice and the more immediate plane of the debate over amnesty and related issues makes his book unusually rich. It has the rare virtue of being both philosophically rigorous and politically relevant. -/- . (shrink)

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 for increased enforcement, I want to suggest that just immigration reform must adhere to two standards, equality of burdens and universal protections, and that only by doing so can the potential for Juan Crow be adequately avoided. (shrink)

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be (...) the source of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

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 (...) the world a much better place, particularly by improving average well-being. This essay contends that both of these argumentative strategies fail. Some immigration restrictions are not only morally justified, but morally required. (shrink)

What does social cohesion require in culturally diverse post-immigration societies? Immigration and social cohesion are, in the public debate, believed to be incompatible. In normative political philosophy, a similar understanding manifests in the argument that social cohesion-based on a common national identity-is incompatible with immigration. In so doing, its proponents justify restrictive border policies. In this chapter, I will critically engage with this argument by reconnecting the literature in social sciences to normative political philosophy. I will offer (...) a conditional and pro tanto argument that social cohesion in post-immigration societies justifies open and non-discriminatory border policies. My argument is conditional in two senses: first, it assumes social cohesion is based on a common identity, and second, it only applies to the societies with significant cultural, religious, and ethnic diversity that can be best described as post-immigration societies. My argument implies that liberal nationalists have a choice: they can either keep defending social cohesion in the traditional way, which comes with open borders; or they can abandon this view, thereby losing one of the strongest justifications for restrictive borders. (shrink)

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 (...) visa regulations. Importantly, the argument here is orthogonal to the debate as to how much and what kinds of immigration ought to be allowed. (shrink)

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 (...) just migration policies. It reliably harms vulnerable people, prevents refugees from receiving protection, leads to human rights abuses, and dissipates blame and accountability, creating a serious lacuna in assigning moral responsibility. (shrink)

I examine the legitimacy of immigration controls in the context of Canada and this country’s restrictive immigration policies. Despite the fundamental, philosophical arguments against immigration restrictions, the necessity of immigration controls is rarely questioned in Canadian politics. In this paper I suggest that there is an incredible cynicism of Canadian immigration policies with respect to this country’s own political principles. The idea of international migration controls is neither sustainable from a larger liberal- theory perspective nor (...) a political-economy viewpoint. I suggest that geographers should imagine alternatives to the current systems of immigration control and the regulation of the international movement of people. (shrink)

The sometimes, selective exclusion by the legislation and the financial houses of the host country, force immigrants of African origin to setup stokvels to sustain their businesses and livelihood in South Africa. Aim: To provide the basis for inclusive policy initiatives, this paper investigated the drivers for the formation of business support stokvels by Cameroonians in South Africa. Method: The paper adopted a mix research paradigm with the survey questionnaire and personal interviews as the tools of choice. The purposive (...) sampling technique was implored to reach the 132 respondents. Results: It was apparent that the participants form stokvels to compensate for the lack of access to finance from formal financial intermediaries. The dire need for startup and later expansion capital drove them to form stokvels and even to belong to multiple stokvels as they strive to improve their chances. Beyond this, stokvels provide the platform for the mobilization of savings and the opportunity to run their own bank on their own terms. Implications: while aligned to the Cameroonian community, other minority groups can draw vital lessons. Beyond this, the paper informs the inclusive finance debate and may therefore be relevant to policy makers and academics. (shrink)

Drawing on the literature on the support of small businesses and case studies, this article advances the case for the support of African immigrant-owned businesses in South Africa which is currently neglected. In the past justification for the institution of support policies in favour of small businesses was predominantly based on the fact that they disproportionately encountered more obstacles than their larger counterparts. Shying away from the traditional “business focus” justification for the support of small business, this study advances an (...) “owner focus” justification - one that is based on the unique needs of the owner, rather than that of the business itself. Following similar logic, given that most immigrants start small businesses as a means of survival in their host countries, this study advances an even more compelling reason why immigrant-owned businesses should be supported. Acknowledging the role that a supported small business sector in general and immigrant-owned business, in particular, can play in the economy and taking steps to strengthen this sector would be in the right direction for the South Africa government. (shrink)

The Covid-19 pandemic has left a trail of untold damage in many countries, and there is no foreseeable end to its spread. Besides the loss of life, the impact of the virus on the economy and small businesses, in particular, is not yet clear. Even so, the policies aimed at containing the spread of the virus have exerted further pressure and uncertainty on the survival of small businesses in general and immigrant-owned businesses in particu­lar. This study explored the pockmark of (...) C0VID-19 on immigrant retail businesses in selected outlets in West Rand, Johannesburg. A qualitative research approach was adopted as it best supports the exploratory intent of the study. The purposive sampling technique was utilised to draw participants for the study until a saturation point was attained. Data was collected through face-to-face interviews using unstructured, open-ended questions, with interviews recorded and transcribed. Atlas-ti 8 software was used to code, categorise and analyse the data to form themes and patterns, which helped to inform the outcome of the study. Findings indicate that none of the immigrant businesses was prepared for the pandemic and lockdown. Furthermore, it was found that most of the businesses may cease to exist due to cash fragility should the lockdown be extended for a longer period and the pandemic not abate soon. Despite the government having announced some palliative measures to help reduce the impact of the pandemic and lockdown on small businesses, results from this study indicate that immigrant businesses received no such support from the government. (shrink)

Aim: Underscoring the xenophobic violence that has befallen African immigrants in South Africa in the recent past is the perception held in certain quarters that African immigrants take away entrepreneurial opportunities among others from the Natives. This paper sought to determine how African immigrant entrepreneurs identify business opportunities in South Africa in tandem with what South African entrepreneurs could learn from African immigrants. -/- Method: The paper was based on quantitative data from 220 participants collected by way of a semi-structured (...) questionnaire. As such, the study benefited from the qualitative insights associated with the use open-ended questions in the questionnaire. The data was analyzed using version 24 of the Statistical Package for Social Sciences (SPSS) software. -/- Results: suggest that African immigrants uncover entrepreneurial opportunities through: startup partners, previous employment, families, through ethnic networks, prior knowledge of the market need, prior knowledge of how to serve the market and prior knowledge of the challenges serving the market. Value/Contribution: this study is premised on the fact that no previous study has attempted to investigate how immigrants identify business opportunities, in tandem with what South African entrepreneurs could learn from African immigrants. -/- Implications: Considering the close parallel between African immigrants and the indigenous black South Africans, it is to be hoped that the study would be of interest to the latter in particular, policy makers and academics in general. (shrink)

Migration has, in recent years, been one of the most current topics both in Croatia and worldwide. We have witnessed increased emigration (i.e. out-migration) of Croatian citizens, as well as attempts to cross the Croatian state border by citizens of other countries. This book focuses on migration in the context of the so-called migrant and refugee crisis, which is considered from a philosophical and sociological perspective. Any gender-specific terms, irrespective of the gender in which they are used here, refer equally (...) to both men and women. The book came into being as part of a study conducted by the authors in 2019 among students at the University of Split. This was one of the activities carried out within the project entitled Creating welcoming communities, which was coordinated by the Association "MI" – Split, with the support of the UNHCR’s (United Nations High Commissioner for Refugees) Representation in Croatia. The main objective of the project was to improve the conditions for better integration of asylum seekers at the local and regional level, with a special emphasis on local stakeholders and the community. The objective and activities of the project reflect and anticipate relocation policies and work towards analysing, valorising, and developing recommendations for the preparation of the local community and self-government to provide support. In this regard, we can say that the aim of the project is a contribution of sorts to creating a welcoming atmosphere and better conditions for integration through cooperation with institutions, and especially with the academic community. The project activities were intended to include relevant scientific findings that would enable the interested public to gain a more systematic understanding of the current social situation as well as to promote the idea of the possibilities of achieving a higher integration standard. In the complex social circumstances of today, which require understanding and adaptation, in addition to adequate access to accurate information, it is also crucial to ensure and facilitate the forming of inter-sectoral networks that would respond more readily to existing challenges. This primarily requires knowledge exchange, but also cooperation between different stakeholders such as public institutions, local and state government, civil society organisations, the academic community, media, etc. All these stakeholders play an equally important role in establishing a support network for a multitude of beneficiaries within the integration process. The establishment of a support network for the reception and integration of asylum seekers depends on the support of the local population in the broadest sense. One of the aims of the study was to analyse the relationship between the respondents’ identity features and their attitudes on accepting immigrants and refugees. The structure of the survey is based on the following objectives within which we sought to identify: 1) students’ attitudes on immigration, immigrants, and refugees, 2) the perceived sociodemographic profiles of immigrants and refugees, 3) the eventual presence of social distance towards immigrants and refugees. For the sake of clarity and better presentation, the second and third research objectives are analytically separated from the first one, although, in fact, a connection exists between them. How students perceive migration, immigrants, and refugees plays a role in shaping their attitudes towards them, as well as in potential behaviours reflected in the degree of social distance. From the sociological perspective, identity is seen as the way we perceive ourselves and others, as well as the way we are perceived by others. It involves sameness, similarity and difference concerning various groups of individuals (Abercrombie, Hill & Turner, 2006:190). Identity is associated with the meanings individuals and groups attach to their social reality, resulting in different forms of action. As such, it becomes one of the central political, scientific, and social topics in general. The book is structured in six chapters. Following the introduction, the first chapter presents the theoretical framework on which the conducted research is based. It goes on to elaborate on the concepts significant for a better understanding of the covered topic, in particular the concept of identity, the differences between the concepts of immigrant and refugee, as well as the frameworks of philosophical reflection on migration (the philosophy of politics and ethics). As confirmed both by our study and by numerous others, the discussion on the topic of identity represents an important element in understanding modern migrations. The third and fourth chapters lay out the research methodology, followed by the results and their interpretation. Chapter 5 provides conclusions and recommendations for further research and the establishment of a support network for the reception and integration of asylum seekers. The final chapter includes references to the literature used. (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)

In this retrospective for Ethics, I discuss H.M. Oliver’s “Established Expectations and American Economic Policies.” This article, by a then-modestly-famous economist, has been ignored (no citations) since its 1940 publication. Yet it bears directly on a normative problem at the intersection of ethics and economics that challenges today’s policymakers but has received comparatively little philosophical attention: how should we balance potentially desirable institutional change against the disruption of established expectations? -/- Oliver details how the principle of fulfilling established expectations cuts (...) across political lines. Conservatives, he observes, criticized inflation for disrupting expectations, and demanded the protection of established corporations. New Deal progressives achieved “the safeguarding of the economic positions of certain important sections of the American people” (104) via statutes designed to protect income and homeownership status. And labor leaders lobbied for the preservation of occupational status. Oliver criticizes these demands on two grounds. First, they are noncompossible: they can’t simultaneously be fulfilled. Second, they are economically inefficient. He concludes that “in a modern dynamic economy, the preservation of status is not and cannot be a feasible criterion of economic justice” (107). -/- I argue that Oliver accurately recognizes both the wide endorsement and the moral ill-foundedness of fulfilling expectations. However, I criticize Oliver’s belief in the noncompossibility of expectations. The established expectations of the wealthy, middle-class homeowners and retirees, and current workers can all be maintained, but at the price of constricting the opportunities of new graduates, immigrants, and the poor—all groups yet to develop settled expectations. This insight renders the protection of expectations not merely inefficient but also unjust. (shrink)

What is and what ought to be the relationship between empirical research and normative analysis with respect to migration policies? The paper addresses this question from the perspective of political theory, asking about the place of empirical research in philosophical discussions of migration, and, for the most part, leaving to others questions about what role, if any, normative considerations do and should play in empirical research on migration. At the outset the paper also takes note of one important way in (...) which empirical research can and should contribute to normative discussions of migration, quite apart from its role in contributing to political philosophy. DOI: 10.17879/15199614880. (shrink)

Residence of unauthorized immigrants is a stable feature of the Global North’s liberal democracies. This article asks how liberal-democratic policymakers should respond to this phenomenon, assuming both that states have incontrovertible rights and interests to assert control over immigration and that unauthorized residence is nevertheless an entrenched fact. It argues that a set of liberal-democratic commitments gives policymakers strong reason to implement both so-called ‘firewall’ and ‘regularization’ policies, thereby protecting unauthorized immigrants’ basic needs and interests and officially incorporating many (...) of them in society. It then explains that the background imperative of immigration control creates a dilemmatic tension between these policies, as regularization is envisaged alongside the removal of the ineligible, which is in turn hindered by the implementation of firewalls. This creates a dilemma between the pursuit of two policy goals that are both underwritten by the same value commitments. Though it cannot be entirely dissolved, I argue that the best way to mitigate this dilemma is to design regularization policy in a way that leaves only a small number of unauthorized immigrants subject to removal. (shrink)

It cannot be overstated that in recent times the gravity and complexity of irregular maritime migration have triggered concerns and debates in the academic domains of International Relations and International Law. The article examines how states’ compliance with, and enforcement of, international law and legal norms would tackle the challenges of irregular migration in the Indian Ocean region. The legislative and policy challenges regarding irregular migration can be analyzed under two segments. First, there is a lack of comprehensive discussion (...) about the sending and the receiving states’ commitments (regarding irregular migrants) to international law and legal norms. Secondly, deficit of comparative analysis to show how the littoral states comply with international law norms on migration and refugee influx. Such analysis from multiple perspectives would be helpful to get insights and make policy recommendations about how effectively international law norms could be enforced through national legislation and policy framework. (shrink)

A number of recent articles have invoked the republican ideal of non-domination to justify either open borders, and/or the reduction of states’ discretionary powers to unilaterally determine immigration policy. In this paper, I show that such arguments are one-sided, as they fail to fully account for the deep ambiguity of the very ideal which they invoke. In fact, non-domination lends just as powerful support to maintaining state border controls as it does to dismantling them. There are only two (...) exceptions to the rule. It is well established that promoting non-domination demands, one the one hand, that refugees be admitted, and second, that all migrants have a right to contest decisions concerning their own admission. But aside from these things, the policy implications of the ideal are unclear. In itself, therefore, it is insufficient to justify either open borders, or the reduction of states said discretionary powers. Such arguments will have to rely on other, additional moral criteria. -/- . (shrink)

Through engagement with key informants and review of ethical theories applicable to refugee policy, this paper examines the ethical and policy considerations that policy-level stakeholders believe should factor into setting the refugee resettlement ceiling. We find that the ceiling traditionally has been influenced by policy goals, underlying values, and practical considerations. These factors map onto several ethical approaches to resettlement. There is significant alignment between U.S. policy interests and ethical obligations toward refugees. We argue that (...) the refugee ceiling should be restored to historical norms, and that there exists a corresponding obligation to counter negative public perceptions about refugees and the costs of resettlement. (shrink)

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 potentially undermine its legitimacy and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)

Liberal societies typically prefer relatives and spouses of their members over other prospective immigrants seeking admission. Giving this preferential treatment to only certain categories of relationships requires justification. In this paper, I provide a defense of a category-based system for “unification admissions,” non-members seeking admission for the purpose of living in the same society with members on a stable basis, that is compatible with liberalism and, in particular, does not violate the requirement of liberal neutrality. This defense does not commit (...) liberal theorists to the traditional state sovereignty view on immigration, according to which societies have wide latitude to exclude immigrants as they see fit, and shows that, contra Ferracioli, societies are not required to treat relatives, spouses, friends, and creative partners of their members on a par in matters of immigration policy. (shrink)

Recent work by Kahan et al. (2017) on the psychology of motivated numeracy in the context of intracultural disagreement suggests that people are less likely to employ their capabilities when the evidence runs contrary to their political ideology. This research has so far been carried out primarily in the USA regarding the liberal–conservative divide over gun control regulation. In this paper, we present the results of a modified replication that included an active reasoning intervention with Western European participants regarding both (...) the hierarchy–egalitarianism and individualism–collectivism divides over immigration policy (n = 746; considerably less than the preregistration sample size). We reproduce the motivated numeracy effect, though we do not find evidence of increased polarization of high-numeracy participants. (shrink)

The aim of this article is to show that refusing to legalize the status of undocumented immigrants who have been long-term residents is a serious violation of human rights. The "right to have rights" ­ a term coined by Hannah Arendt and developed by Sheila Benhabib ­ should be construed first and foremost as the right to a legal existence. We take issue with consequentialists who warn that legalizing the status of undocumented aliens will encourage further undesirable immigration, for (...) withholding legal status in order to deter illegal newcomers is neither efficacious nor just. We conclude that "selective" as opposed to "endured" immigration policies are ethically untenable. (shrink)

In this chapter, we evaluate the politically generative dynamic of urban space. Notably, we put forward the notion of the ‘multiplier effect’ of the urban, referring to its ingrained tendency to multiply resistance to oppression and violence being exerted against subaltern groups and minorities and, in doing so, to turn this multiplied resistance into an active force of social change. We, therefore, look at the twofold valence of ‘resistance’: negative and affirmative. Resistance initially takes form as a defensive response to (...) oppression and violence. When this happens, the urban becomes the living platform for a multiplying dynamic of encounter and, potentially, of inter-group solidarity, thus laying the foundations for a cooperative – rather than competitive, as in neoliberal rationality, or inimical, as in national-populist reason – way of ‘being together’. After having developed this argument against the backdrop of the women’s movement in Tehran and the urban disobedience to anti-immigration policies in Italy, our chapter concludes by reflecting on the multiplier effect of urban resistance within the current context of national revanchism. (shrink)