Do States Have The Right To Exclude Immigrants
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Do States Have The Right To Exclude Immigrants
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Author : Christopher Bertram
language : en
Publisher: John Wiley & Sons
Release Date : 2018-06-28
Do States Have The Right To Exclude Immigrants written by Christopher Bertram and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-28 with Philosophy categories.
States claim the right to choose who can come to their country. They put up barriers and expose migrants to deadly journeys. Those who survive are labelled ‘illegal’ and find themselves vulnerable and unrepresented. The international state system advantages the lucky few born in rich countries and locks others into poor and often repressive ones. In this book, Christopher Bertram skilfully weaves a lucid exposition of the debates in political philosophy with original insights to argue that migration controls must be justifiable to everyone, including would-be and actual immigrants. Until justice prevails, states have no credible right to exclude and no-one is obliged to obey their immigration rules. Bertram’s analysis powerfully cuts through the fog of political rhetoric that obscures this controversial topic. It will be essential reading for anyone interested in the politics and ethics of migration.
The Moral And Political Philosophy Of Immigration
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Author : José Jorge Mendoza
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2016-12-27
The Moral And Political Philosophy Of Immigration written by José Jorge Mendoza and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-27 with Philosophy categories.
In The Moral and Political Philosophy of Immigration: Liberty, Security, and Equality, José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is thereby, at its core, a problem of philosophy. Establishing the necessity of situating the public debate on immigration at the center of philosophical debates on liberty, security, and equality, this book brings into dialog various contemporary philosophical texts that deal with immigration to provide some normative guidance to future immigration policy and reform. As a groundbreaking work in social and political philosophy, it will be of great value not only to students and scholars in these fields, but also those working in social science, public policy, justice studies, and global studies programs whose work intersects with issues of immigration.
Unjust Borders
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Author : Javier S. Hidalgo
language : en
Publisher: Routledge
Release Date : 2018-11-07
Unjust Borders written by Javier S. Hidalgo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-07 with Philosophy categories.
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.
The Ethics Of Immigration
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Author : Joseph Carens
language : en
Publisher:
Release Date : 2013
The Ethics Of Immigration written by Joseph Carens and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Philosophy categories.
Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.
Immigration And Freedom
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Author : Chandran Kukathas
language : en
Publisher: Princeton University Press
Release Date : 2025-07-15
Immigration And Freedom written by Chandran Kukathas and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-15 with Philosophy categories.
"Few would deny that immigration controls are restrictions on individual freedom. In debates about immigration, however, freedom is rarely mentioned. When it is raised it is usually indirectly, and the contending parties typically divide into those who question the wisdom or the morality of limiting the movement of would-be immigrants and others who think such restrictions warranted. The language of freedom rarely makes an appearance, perhaps because the liberty of foreigners or aliens does not really interest most people. Advocates of immigrants express a concern for the welfare of outsiders; others appeal to the welfare of natives and the integrity of the nation. The point of this book is to establish freedom as the basis of the immigration question. Chandran Kukathas argues that what's at stake is nothing less than the liberty of citizens and residents of the free society, and therefore the free society itself. To put it simply, immigration controls are controls on people, and it is not possible to control some people without controlling others. More specifically, it is not possible to control outsiders (aliens, foreigners, would-be immigrants) without controlling insiders as well, and to enforce immigration control is to enforce control generally. The author shows why this must be so, and explains why it is significant. Over the course of eight chapters and an epilogue, the books draws anecdotally on current and historical immigration practices in Canada, the United States, Australia, Japan, Singapore and most of the major Western European countries, but the information is deployed in service of an accessible, first-principles argument. To assess immigration, he says, we must think then about what we value most about our society and also come to a clearer understanding about what we mean by immigration in the first place. In the conclusion, he defends the need for greater freedom of movement-which ultimately means a world of more open borders"--
The President And Immigration Law
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Author : Adam Cox
language : en
Publisher:
Release Date : 2020
The President And Immigration Law written by Adam Cox and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
When President Barack Obama announced his plans to shield millions of immigrants from deportation, Congress and the commentariat pilloried him for acting unilaterally. When President Donald Trump attempted to ban immigration from six predominantly Muslim counties, a different collection of critics attacked the action as tyrannical. Beneath this polarized political resistance lies a widely shared belief: that Congress, not the President, makes our immigration policies, dictating who can come to the United States, and who can stay, in a detailed and comprehensive legislative code. In The President and Immigration Law, Adam Cox and Cristina Rodr�guez shatter the myth that Congress controls immigration policy. Drawing on a wide range of sources-rich historical materials, unique data on immigration enforcement, and insider accounts of our nation's massive immigration bureaucracy-they tell the story of how the President became our immigration policymaker-in-chief over the course of two centuries. From founding-era debates over the Alien and Sedition Acts to Jimmy Carter's intervention during the Mariel boatlift from Cuba, presidential crisis management has played an important role in this story. Far more foundational, however, has been the ordinary executive obligation to enforce the law. Over time, the power born of that duty has become the central vehicle for making immigration policy in the United States. A pathbreaking account of the President's relationship to Congress, Cox and Rodr�guez's analysis helps us better understand how the United States ended up running an enormous shadow immigration system-one in which nearly half of all noncitizens living in America are here in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Immigration Outside The Law
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Author : Hiroshi Motomura
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-05
Immigration Outside The Law written by Hiroshi Motomura and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05 with History categories.
"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
Strangers To The Constitution
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Author : Gerald L. Neuman
language : en
Publisher: Princeton University Press
Release Date : 2010-07-01
Strangers To The Constitution written by Gerald L. Neuman and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-01 with Law categories.
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.
Immigration And The Constraints Of Justice
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Author : Ryan Pevnick
language : en
Publisher: Cambridge University Press
Release Date : 2011-02-24
Immigration And The Constraints Of Justice written by Ryan Pevnick and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-24 with Philosophy categories.
This book explores the constraints which justice imposes on immigration policy. Like liberal nationalists, Ryan Pevnick argues that citizens have special claims to the institutions of their states. However, the source of these special claims is located in the citizenry's ownership of state institutions rather than in a shared national identity. Citizens contribute to the construction and maintenance of institutions (by paying taxes and obeying the law), and as a result they have special claims to these institutions and a limited right to exclude outsiders. Pevnick shows that the resulting view justifies a set of policies - including support for certain types of guest worker programs - which is distinct from those supported by either liberal nationalists or advocates of open borders. His book provides a framework for considering a number of connected topics including issues related to self-determination, the scope of distributive justice and the significance of shared national identity.
Immigration And Democracy
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Author : Sarah Song
language : en
Publisher: Oxford University Press
Release Date : 2018-10-31
Immigration And Democracy written by Sarah Song and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-31 with Political Science categories.
Immigration is one of the most polarizing issues in contemporary politics. It raises questions about identity, economic well-being, the legitimacy of state power, and the boundaries of membership and justice. How should we think about immigration and what policies should democratic societies pursue? Some contend that borders should generally be open and people should be free to migrate in search of better lives. Others insist that governments have the right to unilaterally close their borders and should do so. In Immigration and Democracy, Sarah Song develops an intermediate ethical position that takes seriously both the claims of receiving countries and the claims of prospective migrants. She argues that political membership is morally significant, even if morally arbitrary. Political membership grounds particular rights and obligations, and a government may show some partiality toward the interests of its members. Yet, we also have universal obligations to those outside our orders. Where prospective migrants have urgent reasons to move, as in the case of refugees, their interests may trump the less weighty interests of members. What is required is not open or closed borders but open doors. An accessible ethical framework that clarifies and deepens the ideas with which members of democratic societies can debate immigration, Immigration and Democracy considers the implications of a realistically utopian theory for immigration law and policy.