Download or read book On the Right of Exclusion Law Ethics and Immigration Policy written by Bas Schotel and published by Routledge. This book was released on 2013-03-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Legal and Ethical Nature of Immigration Policy written by Bas Schotel and published by . This book was released on 2010-06-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book may change the way legal scholars, political theorists and policy makers look at our immigration policies. From now on we have strong reasons for adopting a new default position for evaluating and designing our admission laws and policies: the exclusion of aliens seeking admission must be substantially justified (vis-A -vis the excluded aliens) by the state. The burden of proof should lie with the state. For want of such substantial justification the alien is to be admitted. As one the first in its kind, the book builds a comprehensive case for changing our admission policies through an analysis of the structure of the law and legal order. This opens new routes previously left unexplored by experts in immigration law and the ethics of migration. More importantly, as the admission laws become untenable from the legal perspective, policy makers can no longer hide behind the (formal) law. The book also revitalizes the scholarship in ethics of migration. The author shows how the seemingly diverging positions in favour of (more) open or closed borders all point in the same direction: admission must be justified and the first to do so is the state. Far from being utopian, the book renders the theoretical arguments tangible and realistic through an elaborate discussion of a concrete policy proposal by an expert committee on immigration law. In short, after reading this work, the reader is left with the conviction that the current default position of immigration laws and policies is not self-evident. As a result, the book already achieves its goal: the burden of proof has been reversed

Download or read book Debating the Ethics of Immigration written by Christopher Heath Wellman and published by OUP USA. This book was released on 2011-09-30 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book On the Right of Exclusion Law Ethics and Immigration Policy written by Bas Schotel and published by Routledge. This book was released on 2013-03 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.

Download or read book The Ethics of Immigration written by Joseph Carens and published by Oxford University Press. This book was released on 2013-10-16 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Ethics of Immigration, Joseph Carens synthesizes a lifetime of work to explore and illuminate one of the most pressing issues of our time. Immigration poses practical problems for western democracies and also challenges the ways in which people in democracies think about citizenship and belonging, about rights and responsibilities, and about freedom and equality. Carens begins by focusing on current immigration controversies in North America and Europe about access to citizenship, the integration of immigrants, temporary workers, irregular migrants and the admission of family members and refugees. Working within the moral framework provided by liberal democratic values, he argues that some of the practices of democratic states in these areas are morally defensible, while others need to be reformed. In the last part of the book he moves beyond the currently feasible to ask questions about immigration from a more fundamental perspective. He argues that democratic values of freedom and equality ultimately entail a commitment to open borders. Only in a world of open borders, he contends, will we live up to our most basic principles. Many will not agree with some of Carens' claims, especially his controversial conclusion, but none will be able to dismiss his views lightly. Powerfully argued by one of the world's leading political philosophers on the issue, The Ethics of Immigration is a landmark work on one of the most important global social trends of our era.

Download or read book Freedom Culture and the Right to Exclude written by Uwe Steinhoff and published by Routledge. This book was released on 2022-04-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that citizens have a moral right to decide by which criteria they grant migrants citizenship, as well as to control access to their territory in the first place. In developing and defending this argument, it critically engages numerous objections, thus providing the reader with a thorough overview of the current debate on the ethics of immigration and exclusion. The author’s argument is based on a straightforwardly individualist and liberal starting point. One of the rights granted by liberalism is freedom of association, which also comprises the right not to associate with people with whom one does not want to associate. While this is an individual right, it can be exercised collectively like many other individual rights. Thus, people can decide to collectively organize into an association pursuing certain goals; and subject to certain provisos, this gives rise to legitimate claims to space and territory in which they pursue these goals. The author shows that this right is far-reaching and robust, which entails an equally far-reaching and robust right to exclude. Moreover, he demonstrates that large-scale immigration from illiberal cultures tends to severely compromise the way of life, the values, and the institutions of liberal democracies in ways routinely ignored by apologists for multiculturalism. Freedom, Culture, and the Right to Exclude will be of interest to scholars and advanced students working in applied ethics, political philosophy, political theory, and law.

Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Ethics and Politics of Immigration written by Alex Sager and published by Rowman & Littlefield. This book was released on 2016-10-03 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Unjust Borders written by Javier S. Hidalgo and published by Routledge. This book was released on 2018-11-07 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Treatment of Immigrants in the European Court of Human Rights written by Amanda Spalding and published by Bloomsbury Publishing. This book was released on 2022-07-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on 'crimmigration'.

Download or read book Immigration and Social Equality written by Désirée Lim and published by Oxford University Press. This book was released on 2023-07-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Skill-selective immigration policies, through which states favor the admission of highly-skilled migrants over low-skilled migrants, are a familiar component of the immigration landscape. Wealthy Western states, such as the United States, United Kingdom, Canada, and Australia have explicitly declared their desire to attract the "best and the brightest". On the other hand, attitudes towards low-skilled migrants could not be more different. They have consistently been portrayed as dangerous and undesirable, a drain on social welfare, and economically threatening to citizens. Immigration and Social Equality argues that we ought to re-think this stance. Beginning from the widely-shared principle of equal respect for all persons, it proposes that equal respect requires the recognition of each person's pro tanto right to social equality, regardless of their citizenship status. Even if states have the right to exclude non-citizens, they cannot do so in a way that is demeaning or subordinating to excluded persons. The right to social equality gives us a richer picture of why certain instances of immigrant selection, such as the US's recent ban on citizens from Muslim-majority countries, are unjust. However, it also has troubling implications for skill-selective immigration policies, as they are currently practiced: the book reveals that they ought to be regarded as a form of wrongful discrimination. Drawing on the framework of social equality, Désirée Lim goes on to consider the problem of colonial injustice and how it may be reproduced by skill-selective immigration policies, as well as migratorial disobedience.

Download or read book The Moral and Political Philosophy of Immigration written by José Jorge Mendoza and published by Lexington Books. This book was released on 2016-12-27 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Strangers in Our Midst written by David Miller and published by Harvard University Press. This book was released on 2016-05-09 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should democracies respond to the millions who want to settle in their societies? David Miller’s analysis reframes immigration as a question of political philosophy. Acknowledging the impact on host countries, he defends the right of states to control their borders and decide the future size, shape, and cultural make-up of their populations.

Download or read book Children at the Borders written by Jonathan Josefsson and published by Linköping University Electronic Press. This book was released on 2016-12-15 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of a steady flow of child migrants attempting to cross borders and states’ efforts to restrict immigration, various public controversies have arisen about the rights of asylum-seeking children. The ‘moral gap’ between the outcome of democratically enacted laws and the aim of controlling immigration, on the one hand, and public calls to protect the universal rights of asylum seeking children, on the other, have created a political challenge for Western democracies. This thesis sets out to examine two particular settings in which norms about the rights of asylum-seeking children and immigration control have been established and contested over the years: the Swedish Migration Court of Appeal and Sweden’s largest morning paper, Dagens Nyheter. It combines empirically oriented analysis with theoretical enquiry, and it brings the issue of the rights of asylumseeking children into dialogue with the contemporary political-philosophical debate about membership, rights and borders. I kölvattnet av en stadig ström av barn som migrerar över statsgränser har medial rapportering, protester och offentliga diskussioner aktualiserat frågor om asylsökande barns rättigheter. Det ”moraliska glappet” mellan tillämpningen av demokratiskt stiftade lagar i syfte att reglera invandringen,å ena sidan, och offentliga krav på att skydda universella rättigheter för asylsökande barn, å andra sidan, har växt fram som en samtida utmaning för demokratiska stater att hantera. I denna avhandling undersöks två specifika arenor där normer om asylsökande barns rättigheter och immigrationskontroll har etablerats och ifrågasatts under de senaste åren; den svenska Migrationsöverdomstolen och Sveriges största morgontidning, Dagens Nyheter. Avhandlingen kombinerar empiriska analyser med teoretiska undersökningar om asylsökande barns rättigheter i dialog med en samtida politisk filosofisk diskussion om medlemskap, rättigheter och gränser.

Download or read book Migrants Rights Populism and Legal Resilience in Europe written by Vladislava Stoyanova and published by Cambridge University Press. This book was released on 2022-06-02 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies paths for legal resilience against restrictions of migrants' rights introduced by the forces of authoritarian populism.

Download or read book Justice and Authority in Immigration Law written by Colin Grey and published by Bloomsbury Publishing. This book was released on 2015-04-23 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.

Download or read book When Humans Become Migrants written by Marie-Bénédicte Dembour and published by OUP Oxford. This book was released on 2015-03-26 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.