The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a justified (...) malum prohibitum the wrongness of which resides in its being a violation of a justified immigration regulation; according to the third, IM is a malum in se the wrongness of which resides in its harmful consequences for receiving states’ citizens. My thesis is that none of these arguments succeeds in providing us with sufficiently good reasons to justify the use of criminal punishment to enforce the closure of state borders. As regards the first, I argue that it relies on a misleading conception of what is entailed by states’ territorial sovereignty, and that therefore it is unsound as an argument for the state’s right to control immigration. With regard to the second, I argue that, be they legitimate or not, immigration regulations enacted by states cannot provide those would-be immigrants they aim to exclude with content-independent reasons to comply with them; and this is a necessary pre-condition to conclude that IM is a justified malum prohibitum. As regards harm-based approaches, I argue that the notions they rely on are completely unfit as criteria for criminalization. This leads me to the conclusion that, unless other more convincing arguments are provided for, IM should not be criminalized. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

What is special about refugees? In this paper, I argue that the two main accounts of who should count as a refugee have major shortcomings. The first, based on protection from persecution, is too n...

Eine Ethik der Integration kann den aktuellen öffentlichen Diskurs über Migrationspolitik bereichern. Dazu ist es jedoch erforderlich, über die idealtheoretisch geprägten Debatten der politischen Theorie hinauszugehen und eine moralstrategische Perspektive einzunehmen. In diesem Beitrag werden einige Grundlagen einer pragmatischen Ethik der Integration geklärt, wobei drei Fragen im Zentrum stehen: Was sind die Kriterien einer gelingenden Integration von Immigrant_innen? Was sind die auf Integration bezogenen Pflichten und Rechte der Institutionen und Bürger_innen eines Landes, das Immigrant_innen aufnimmt? Was sind die auf Integration (...) bezogenen Rechte und Pflichten von Immigrant_innen? (shrink)

Even though human smuggling is one of the central topics of contention in the political discourse about immigration, it has received virtually no attention from moral philosophy. This article aims...

States combine the routine refusal of citizenship to migrants with policies that grant newborns of citizens (or residents) full membership of society without questions asked. This paper asks what, if anything, can justify this differential treatment of the two types of newcomers. It explores arguments for differential treatment based on the differential environmental impact, different impact on the (political) culture of the society in question and differences between the positions of the newcomers themselves. I conclude that, although some justification for (...) differential treatment exists, the case for it is weaker than one may expect and the grounds on which it can be justified are surprising and problematic. (shrink)

International migration is increasing not only in absolute terms but also as a percentage of the global population. In 2019, international migrants made up 3.5 per cent of the global population, compared to 2.8 per cent in the year 2000. Over the past two decades, a philosophical literature has emerged to investigate what justice requires with respect to these vast migrant flows. My article criticizes much of this philosophical work. Building on the work of Charles Mills, I argue that the (...) terms in which many Anglo-American philosophers presently debate migration justice neglect and even obscure consideration of the ways in which current migration flows may be shaped by Euro-American colonialism and neo-colonialism. Such exclusions produce systematic biases in much of our philosophical literature. To develop less biased understandings of migration justice, I propose that Anglo-American philosophers should revise our methods and our conceptual frameworks to enable exploring the possible extent and ethical implications of colonial and neo-colonial influence. This is one part of the much larger task of decolonizing our political philosophy. (shrink)

This paper considers the obligation higher income countries have to lower and middle income countries during a global pandemic. Further considers which reforms are needed to the global supply-chain of medical resources. The short-comings in distribution and medical infrastructure have exacerbated the health crisis in developing countries. Global justice demands radical redistribution of medical resources in order to prevent mass casualties. This is argued first by highlighting that the COVID-19 pandemic should be acknowledged as an issue of global justice, secondly, (...) higher income countries ought to account for distribution inequity as a matter of rectifying past injustices, and thirdly argue for reform in distribution while considering the vaccine rollout as a prime example. We aim to show how the differences from country to country in response capabilities are a result of the economic foundation colonialism established and a direct result of cyclical poverty, which wealthy countries perpetuate to this day. (shrink)

Alison Jaggar recommends a radical break with a dominant approach to the philosophy of immigration shared by both liberal cosmopolitans and liberal nationalists. This paper is intended as an exploration of Jaggar’s conclusions and as an attempt to carry them further. Building on her critique, I argue that the characteristic questions asked by both cosmopolitans and nationalists appear inappropriate when seen against the political reality of immigration. In the last part of the paper, I argue that liberal nationalist contributions in (...) particular have problematized immigration and immigrants in ways not fundamentally different from those seen on the racist right. (shrink)

Nationalism seems a persistent ideology in academia as much as in politics; despite the fact that it has been shown that nationalism is deeply unjust for minorities. A case for national identity is often invoked to supplement liberalism regarding the inner difficulties that liberal theories have to explain their membership, assure stability and produce endorsement. So, it seems that national identity may also be required for justice. While this controversy continues, I argue that a different approach is available. We can (...) define a conception of legitimacy independently from a conception of justice, and then ask what legitimacy requires from our national allegiances. If everything goes well, much of the controversy from justice disappears as we find that the case for cultural nationalism may be illegitimate for liberal democracies. (shrink)

This paper sketches an account of reparative justice for climate refugees, focusing on total land loss due to sea-level rise. I begin by outlining the harm of this loss in terms of self-determination and cultural heritage. I then consider, first, who is owed these reparations? Second, who should pay such reparations? Third, in what form should the reparations be paid? I end with thoughts on the project of reparative justice more generally, arguing that such obligations do not depend upon a (...) perfect account of how reparations might be fulfilled; we simply have an obligation to shoot the arrow as close to the target as we can. (shrink)

By now one might hope that the robust body of theoretical work recently published on immigration ethics would have taken general political philosophy a long way from the prevailing Rawlsian-style insularity premise, according to which society is “a closed system isolated from other societies” into which persons “enter only by birth and exit only by death.” But there are still a great many political theorists whose focus is unreflectively endogenous and who assume away questions of states’ constitutive scope and boundaries. (...) One of the signal merits of David Miller's new book,Strangers in Our Midst, is that it lucidly demonstrates why ignoring state boundary constitution is untenable for political theory. Miller shows that foundational debates in political philosophy are inescapably related, both as premise and entailment, to many normative immigration questions. (shrink)

Anthropogenic climate change is an existential threat to the people of sinking island states. When their territories inevitably disappear, what, if anything, do the world's remaining territorial st...

The philosophical debate on the freedom of movement focuses almost exclusively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such as travel, short-term (...) and circular migration. While most scholarly attention has focused on long-term migration, the vast majority of cross-border movement of people (approximately 85% of all cross-border movements in 2019) is short-term. The existing literature offers normative arguments for border controls, which are grounded on states’ right to self-determination, the freedom of (dis)association, the welfare state, the duty to compatriots, and brain drain. In this paper, I argue that these arguments do not justify excluding travelers, short-term and circular migrants from the territory. (shrink)