This article brings an account of reasonable expectations to bear on the question of when unauthorized immigrants have a right to be regularized—that is, to be formally guaranteed freedom from the threat of deportation. Contrary to the current literature, which implicitly relies on a flawed understanding of reasonable expectations, this article argues that only those unauthorized immigrants who have both been tacitly permitted by the state despite lacking formal authorization and have remained long enough to develop deep social (...) roots in the state have a right to regularization. (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)

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)

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 country while still children (often as infants) and who have spent the majority of their lives in the US. Members of this group have engaged in wide-scale protests, making the civil disobedience paradigm all the more plausible. I will then move on to the case of unauthorized immigrants who have engaged in protests, but who do not fall into the “Dreamer” category. Finally, I will consider whether thinking about immigration law violations from the perspective of civil disobedience—and the proper response to that—can help us think about immigration enforcement more generally. (shrink)

How to respond to unauthorized migration and migrants is one of the most difficult questions in relation to migration theory and policy. In this commentary on Gillian Brock’s discussion of “irregular” migration, I do not attempt to give a fully satisfactory account of how to respond to unauthorized migration, but rather, using Brock’s discussion, try to highlight what I see as the most important difficulties in crafting an acceptable account, and raise some problems with the approach that Brock (...) takes. In thinking about unauthorized migration, both while trying to craft positive policies and while critiquing existing practices, we need to ask if we are most interested in a general account of how to respond to unauthorized migration, one that would apply to the large majority of cases and provide us a default approach, or if we are better served by taking a piecemeal approach, looking at why certain people or certain groups should be exempt from removal, even if they would otherwise be liable to it. In this paper, I will focus primarily on this distinction, and argue that it is at least important to provide an account of the "generic unauthorized". (shrink)

States heavily restrict immigration, and many people violate these restrictions. For example, unauthorized immigrants cross borders without official permission, and other actors, such as people smugglers, assist them in doing so. How should we evaluate resistance to immigration law from a moral perspective? In this article, I survey recent work on the ethics of resisting immigration law. In particular, I examine three categories of resistance to immigration law as the following: unauthorized immigration, people (...) smuggling, and citizens' resistance to laws that prohibit them from assisting or interacting with unauthorized immigrants. (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)

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 of open borders is true, these laws are unjust. Furthermore, if citizens comply with their legal duties, they contribute to violating the rights of migrants. We are obligated to refrain from contributing to rights-violations. So, citizens are obligated to disobey immigration laws. I defend the moral requirement to disobey immigration laws against the objection that disobedience to the law is excessively risky and the objection that citizens have political obligations to obey the law. (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)

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes (...) the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice. (shrink)

This working paper combines Lukas Schmid’s article “Responding to unauthorized residence: on a dilemma between ‘firewalls’ and ‘regularisations’” with three critical responses as well as a rejoinder by the author. Schmid argues that a set of liberal-democratic commitments gives conscientious policymakers strong reason to implement both so-called ‘firewall’ and ‘regularisation’ policies, thereby protecting unauthorised immigrants’ basic needs and interests and officially incorporating many of them in society. He then explains that the background imperative of immigration control creates a (...) dilemmatic tension between these policies, as regularisation 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. Schmid concludes that the best way to mitigate this dilemma is to design regularisation policy in a way that leaves only a small number of unauthorised immigrants subject to removal. Antje Ellermann’s response reflects critically on Schmid’s understanding of firewalls, arguing that there is good reason to think that the presence of firewalls does not hinder the implementation of removals of unauthorised immigrants who are ineligible for regularisation. She concludes that, contrary to Schmid’s argument, there is no true ethical dilemma between firewall and regularisation policy. Adam Omar Hosein’s contribution argues that the tensions Schmid discusses arise only because of his adoption of widely shared assumptions about the proper basis for regularisation policies. He suggests they can be avoided by adopting a superior justification for regularisations: the ‘autonomy argument.’ In the last response, Cecilia Menjívar reflects on some constraints conscientious policymakers may face when dealing with ethically dilemmatic choices, such as a policy landscape of government agencies with conflicting goals as well as foreign policy and international obligations, all of which are rooted in anti-immigrant backlash and racism around the globe. The working paper concludes with a rejoinder, in which Schmid discusses the contributors’ key points, outlines agreements and disagreements, and explores the bigger picture sketched by the working paper’s discussions. (shrink)

This paper argues that liberal states are wrong to forcibly separate through deportation the unauthorized immigrant parents of member children and that states must therefore regularize such unauthorized immigrants. While most arguments for regularization focus on how deportation wrongs the unauthorized immigrants themselves, I ground my argument in how deportation wrongs the state’s members, namely the unauthorized immigrants’ member children. Specifically, forced separation through deportation wrongs affected children by violating a basic right to sustain the intimate (...) relationships with their parents on which they rely for their development into fully autonomous agents. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

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 (...) extreme circumstances. Outside these circumstances, however, immigration restrictions are unjust. Having presented the argument for a human right to immigrate, the chapter responds to objections from distributive justice, culture and scarcity. (shrink)

The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no morally (...) significant differences between UPEs and other instances of digital penetration, UPEs are sexual assault. So, insofar as one is against sexual assault, one should be against UPEs. (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 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 (...) these arguments fails. My conclusion is that the nature and value of self-determination have to do with the conditions of genuine self-government, not membership of political society. Consequently, the demand for open borders is fully consistent with respect to self-determination. (shrink)

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 (...) duties to assist the global poor. Since the human right to stay is entailed by values that feature prominently in the philosophical debate on immigration, the article further contends that participants in that debate have particular reason to reject the popular ‘choice view’ and endorse the alternative position presented in the article. (shrink)

(This is one of the essays to be included in a book examining the causes of day-to-day strife in the populations of modern democracies vying to live and assert the freedoms promised to them by systems of governance supposed and expected to represent them.) -/- The emigrant / immigrant / migrant makes a conscious, relatively difficult decision to exchange what s/he knows for what is not known at all but in promise. The choice is often stark and carries with it (...) the imposition of restrictions on what will be possible in terms of existing customs, culture, and direct involvement with friends and family, and signifies a leap of faith into what appears to be a better, more prosperous, happier future. -/- At times, such choice is unavoidable, others it turns out to be a gamble of sorts, but, no matter what the cause, reason, or desire underlying an act of migration away from what the emigrant has known, it never turns out to be what was expected and no amount of preparation allows the emigrant to anticipate what will in fact occur. Migration is the founding of a new life in all the aspects of the emigrant’s existence. (shrink)

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 (...) solid footing, but that her exposition she does not pay enough attention to the issue of immigration. This is not to say that Zack ignores the issue completely, but to say that, much like the issue of slavery (although very different in many important ways), immigration has historically played an important role in the construction of “whiteness,” in particular in the establishment of “white privilege,” and in the perpetuation of “white supremacy.” So similar to the way slavery is specifically prohibited by requirement 8, I believe that the issue of immigration merits its own specific “requirement of content” within the lager set of requirements for an ethics of race. (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)

Can a liberal state exclude illiberal immigrants in order to preserve its liberal status? Hrishikesh Joshi has argued that liberalism cannot require a commitment to open borders because this would entail that liberalism is committed to its own demise in circumstances in which many illiberal immigrants aim to immigrate into a liberal society. I argue that liberalism is committed to its own demise in certain circumstances, but that this is not as bad as it may appear. Liberalism’s commitment to its (...) own demise is merely a reflection of the fact that it must take into account the rights of outsiders, not just the rights of existing citizens, and of the fact that circumstances of injustice can sometimes leave liberal societies with no correct choice. (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)

Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...) We then argue that getting immigrants to undertake such obligations is morally wrong. This is because it makes immigrants’ political obligations more burdensome than those of natural-born citizens. We conclude that the practice of getting immigrants to undertake such obligations should be abolished. (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)

Democracy has difficulties with the rights on non-voters (children, the mentally ill, foreigners etc). Democratic leaders have sometimes acted ethically, contrary to the wishes of voters, e.g. in accepting refugees as immigrants. The remarkable story of resettlement of the Displaced Persons of Europe after World War II is a case in point.

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)

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)

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 (...) applied to immigration. This would contribute to an account of the ethics of immigration that gives more attention to power and interest, mediated through structures of gender, race, and class. (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)

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)

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)

This problem has already been discussed by a number of authors.[i] Typically, however, authors take one of two extreme positions: they hold that all welfare should be taken at face value, or they hold that "suspect" welfare should be completely ignored. My contribution here is the following: First, I introduce the notion of unauthorized (suspect) welfare, of which welfare from meddlesome preferences, offensive tastes, expensive tastes, etc. are special cases. Second, I formulate four conditions of adequacy, applicable to any (...) welfare-based theory, for dealing with unauthorized welfare. These conditions require that unauthorized welfare be "discounted" (play a restricted role) but not be completely ignored. Thus, I shall be exploring a position intermediate between taking "unauthorized" welfare at face value and simply ignoring it. Moreover, the four conditions jointly determine exactly how existing welfare-based theories need to be revised so as to be appropriately sensitive to unauthorized welfare. (shrink)

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 recent challenge to statist arguments defending the right of states to exclude prospective immigrants maintains that such statist arguments prove too much. Specifically, the challenge argues that statist arguments, insofar as they are correct, entail that states may permissibily exclude current members' newcomers by birth, which seems to violate a widely held intuition that members' newcomers by birth ought automatically to be granted membership rights. The basic claim is that statist arguments cannot account for the differntial treatment between prospective (...) immigrants and newcomers by birth. Call this the newcomer-by-birth objection. This article rejects the newcomer-by-birth rejection. It begins by sketching the precise extent to which the objection applies to statist arguments. It then examines the case of newcomers by birth and argues for a principled basis for treating them differentially from prospective immigrants such that a right to exclude prospective immigrants need not entail a right to exclude newcomers by birth. But this distinction holds only in most cases, not all, and therefore the newcomer-by-birth objection is not entirely defeated. With respect to the cases in which the objection does hold, it is argued that such cases are morally akin to international adoption, and thus morally benign. All considered, statist arguments easily survive the newcomer-by-birth objection. (shrink)

Given the fact that numerous challenges prohibit African immigrants from availing financial capital for the purpose of starting a business in South Africa, this paper sets out to investigate whether those that succeeded experienced a significant increment in their financial capital three or more years after startup. This paper was designed within the quantitative and qualitative research paradigms. A triangulation of three methods was utilised to collect and analyze the data. From a quantitative perspective, the survey questionnaire was utilised. To (...) complement the quantitative approach, personal interviews and focus groups were utilised as the methods within the qualitative approach paradigm. The primary data collection instrument used was the survey questionnaire which was complemented by personal interviews and focus group debates. The results revealed that the majority (71.1%), of African immigrants, had an estimated start-up financial capital in the range of R 1 000 and R 5 000, which tended to vary across the different ethnic groups studied. After three or more years, the estimated financial capital of the majority (39.3%) of the respondents moved to a new range of R 50 001 - R 100 000. Noting a disparity in capital growth exhibited by the different ethnic groups, it was found that all the Ethiopians who started with a capital within the range of R1 000-R5 000 moved into a new capital range (R50 001-R100 000) three or more years after business start-up. Although, the absolute migration in terms of capital demonstrated by the Ethiopian is not in the highest capital range, they were nonetheless the only country that experienced this phenomenal growth. In terms of occupying the highest capital range (R250 001- R500 000) 11.1% of Cameroonians moved into that range followed by 7.4% of Somalians. Using an increase in financial capital (generated by ploughing back profits) as a proxy for growth, we were able to prove that these African immigrant-owned businesses grow and the rate of growth varied across the different ethnic groups studied. (shrink)

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 (...) for states to deport and denationalize their own citizens or reject the self-determination argument. To avoid this implication, we should reject the self-determination argument. That is, we should also reject the conclusion that rights to self-determination can justify any significant immigration restrictions. (shrink)

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)

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 (...) class='Hi'>immigration restrictions, but it is an argument that fails to justify restrictions beyond a small minority of cases. (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)

Kymlicka has offered an influential luck egalitarian justification for a catalogue of polyethnic rights addressing cultural disadvantages of immigrant minorities. In response, Quong argues that while the items on the list are justified, in the light of the fact that the relevant disadvantages of immigrants result from their choice to immigrate, (i) these rights cannot be derived from luck egalitarianism and (ii) that this casts doubt on luck egalitarianism as a theory of cultural justice. As an alternative to Kymlicka’s argument, (...) Quong offers his own justification of polyethnic rights based on a Rawlsian ideal of fair equality of opportunity. I defend luck egalitarianism against Quong’s objection arguing that if choice ever matters, it matters in relation to cultural disadvantages too. Also, the Rawlsian ideal of fair equality of opportunity cannot justify the sort of polyethnic rights that Quong wants it to justify, once we set aside an unwarranted statist focus in Quong’s conception of fair equality of opportunity. Whatever the weaknesses of luck egalitarianism are, the inadequacy of the position in relation to accommodating cultural disadvantages of immigrants is not among them. (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)

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)

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)

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 (...) the case of nonviolent – or mere – noncompliance. Dissenting from Javier Hidalgo’s view, I argue that the injustice of an immigration law is insufficient to make mere noncompliance justified. Instead, I contend that only if an immigration law lacks legitimate authority are individuals justified in breaching it, since the subjects of an institution with legitimate authority are under a content-independent moral duty to comply with its rules. I further argue that a constitutional democracy’s regimes of law regulating immigration and requiring its citizens’ participation in implementing these regulations have legitimate authority. Nevertheless, when a particular immigration law is egregiously unjust, its legitimacy is defeated. (shrink)

The Article addresses itself to immigration law governing the admission and expulsion of aliens, exploring the gap between the "plenary power" doctrine––the notion that Congress and the executive branch have broad and often exclusive authority over immigration decisions––and the actual practice of many federal courts in the immigration field. Federal courts, the author argues, often apply two distinct sets of constitutional norms in immigration cases, one set drawn from immigration law proper and applied directly to (...) constitutional cases, and a second, "phantom norm" set, borrowed from mainstream public law and applied in the interpretation of immigration statutes. The result is an immigration law regime in which the plenary power doctrine has been undermined, but not reversed, through statutory interpretation. The Article explores the reasons for the application of "phantom norms" to immigration statutes and the problems created by that practice, ultimately recommending a direct reassessment of plenary power as a constitutional doctrine. In so doing, the Article serves not only as an examination of the interpretive dynamics peculiar to immigration law but also as an exemplary study of a general problem of legal process––the relationship between statutory interpretation and constitutional law. (shrink)