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First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.
On the Right of Exclusion: Law, Ethics and Immigration Policy addresses the current immigration laws and practices of Western states, and argues that if states cannot substantially justify the exclusion of an alien, the latter should be admitted.
Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.
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.
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.
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living 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 also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
The Ethics and Politics of Immigration provides an overview of the central topics in the ethics of immigration with contributions from scholars who have shaped the terms of debate and who are moving the discussion forward in exciting directions. This book is unique in providing an overview of how the field has developed over the last twenty years in political philosophy and political theory. The essays in this book cover issues to do with open borders, admissions policies, refugee protection and the regulation of labor migration. The book also includes coverage of matters concerning integration, inclusion, and legalization. It goes on to explore human trafficking and smuggling and the immigrant detention. The book concludes with four topics that promise to move immigration ethics in new directions: philosophical objections to states giving preference to skilled laborers; the implications of gender and care ethics; the incorporation of the philosophy of race; and how the cognitive bias of methodological nationalism affects the discussion.
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.
How should we understand the political morality of migration? Are travel bans, walls, or carrier sanctions ever morally permissible in a just society? This book offers a new approach to these and related questions. It identifies a particular vision of how we might apply the notion of justice to migration policy - and an argument in favor of expanding the ethical tools we use, to include not only justice but moral notions such as mercy/