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)

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)

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 for (...) immigration enforcement purposes, they often undermine these original aims or get used in ways that conflict with the U.S. Constitution. These concerns should prompt us therefore either to reject the government’s plenary power over immigration or require the federal government to be more consistent about maintaining the separation between criminal law and immigration law. (shrink)

In this essay, I argue that even when they appear to help, restrictions on migration are usually only an impediment, not an aid, to cosmopolitan justice. Even though some egalitarian cosmopolitans are well intentioned in their support of migration restrictions, I argue that migration restrictions are (i) not truly cosmopolitan and (ii) will not have the kinds of consequences they expect. My argument in defense of this claim begins, in section 1, by outlining a defense of migration restrictions based on (...) egalitarian cosmopolitan grounds. Then in sections two and three, I reply to the harms this position associates with open borders and provide some reasons as to why restrictions on migration are incompatible with cosmopolitan justice. (shrink)

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 Enrique (...) Dussel and argue that his philosophical approach offers some insights that can help overcome these shortcomings. In particular, Dussel’s commitment to a social critique and transformation that begins with the material grievances of the most excluded and oppressed in a community. Under this type of approach, the immigration debate would begin with the grievances of the victims of immigration polices and reform (i.e. unauthorized immigrants) instead of with concerns for how to better enforce borders. Lastly, I point out that this type of approach is consistent with the current Immigrant Rights Movement in the United States. (shrink)

Given the oncoming demographic changes—which are primarily driven by the growth in the Latinx community—the United States is predicted to become a minority-majority country by around 2050. This seems to suggest that electoral strategies that employ “dog-whistle” politics are destined for the dust-bin of history. Following the work of critical race theorists, such as Ian Haney-Lopez and Derrick Bell, I want to suggest that pronouncing the inevitable demise of dog-whistle politics is premature. This is because there are reasons to suspect (...) that certain segments of the Latinx community—much like the Southern and Eastern Europeans in the early part of 20th Century—might be co-opted into American whiteness. (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)

In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law and regularization (...) policies are not inconsistent, and in fact regularization supports rule of law, when properly understood. Our view is that there needs to be a deeper investigation into the motivations of “rule of law” objections considered in Song and Bloemraad’s account. We argue that the real purpose of these objections is not necessarily to serve as an alternative to the justice-based claims of undocumented immigrants, but as a way to undermine them. On our account, these rule of law objections accomplish this undermining task through the mechanisms of dog whistling, discrediting and distorting, and ostracizing. (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)

In this article I use the tropes of El Cucuy (the Mexican version of the boogyman), La Llorona (the wailer), and La Migra (the border patrol) to provide the beginnings of an ethical critique of the treatment of undocumented immigrants in the United States.

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)

Book review of Elizabeth F. Cohen's Illegal: How America’s lawless immigration regime threatens us all.

This is a review of Serena Parekh's book: Refugees and the Ethics of Forced Displacement.