Undocumented immigrants are ineligible for most federally funded public benefits programs with few exceptions such as emergency medical assistance and nutrition assistance for women and children. This paper defends the view that a liberal society should provide greater access to undocumented immigrants to public benefits programs and responds to an important economic objection that a state should be able to prioritize the needs of its own members who contribute to these programs. This paper specifically addresses empirical (...) and moral versions of this objection. It also distinguishes between two kinds of public benefits. Certain public benefits, such as social security, may reflect an agreed-upon distribution of public goods, to which people are entitled based on their membership or contribution. Other public benefits, such as nutrition assistance, are set aside primarily to help people based on their need. In the latter case, it is not membership or contribution, but need or which need is greater, that supplies justification for the distribution of these benefits even when resources are limited. (shrink)

Arguments both in favor and against including undocumented immigrants in healthcare reform abound. However, many of these arguments, including ones that are favorable towards immigrants, are ethically problematic, and for the same reason; namely, that they either support or deny the inclusion of undocumented immigrants in healthcare reform based on their perceived level of desert, due to their alleged contribution to our social utility, or lack thereof. This encourages gauging the lives and worth of (...) class='Hi'>undocumented immigrants in terms of their productivity or output, rather than viewing them as intrinsically valuable human beings. This, in turn, contributes to the instrumentalization of undocumented immigrants’ welfare; for even arguments in favor of including them in healthcare reform encourage viewing them as, in Kantian language, mere means instead of ends in themselves. In this paper, I will be critical of arguments that either seek to exclude or include undocumented immigrants from healthcare reform or access based on social utility and will, instead, champion arguments in favor of inclusion that rely on fostering a sense of solidarity and identification amongst citizens and migrants. (shrink)

Over the last 20 years, the global North has witnessed the growing prominence of immigrant rights movements. This article examines how this highly stigmatized population has achieved a certain degree of legitimacy in hostile political environments. The central claim of the article is that this kind of legitimacy is initially achieved through the efforts of activists to represent undocumented immigrants in ways that resonate with the normative values of the nation. The author examines how activist networks are formed (...) to present their cases within national political fields and the effects of this process on the political identities of immigrants and their respective citizenship regimes. The process of gaining legitimacy is contradictory. It contributes to nationalizing the political identities of foreigners and reproducing the exclusionary logic of national citizenship regimes. But in doing this, it encourages those who cannot conform to national values to embrace more radical and universal conceptions of rights. The generation of competing discourses and notions of rights therefore arises through struggles to make undocumented immigrants into legitimate political subjects. (shrink)

This article examines the municipal ID card programs in New Haven and San Francisco. With a municipal ID card, undocumented immigrants can access basic city services and identify themselves with police and other city officials. The article draws on twenty-eight interviews with key stakeholders to show that city officials navigated the conflicting demands of ID card supporters and opponents to create a local membership policy focused on improving city administration, not expanding the rights of undocumented immigrants. (...) In capitalizing on their discretionary administrative powers to develop programs that safeguard the health, safety, and welfare of all city residents, officials in New Haven and San Francisco managed to promote the integration of undocumented immigrants into city affairs without upsetting the federal monopoly over immigration and citizenship powers. This new form of local bureaucratic membership has implications for the urban citizenship literature and illustrates that city officials have some freedom to develop programs that benefit undocumented immigrants. (shrink)

I offer a phenomenological description of undocumented immigrant reason, provisionally understood as a sort of historical reason grounded on undocumented immigrant life. That is, the categories of undocumented immigrant reason are resources for undocumented immigrant existence and are inscribed in the historical memory of immigration (they are shared and communal), accessed by immigrants in stories, anecdotes, and interpersonal trauma. Abstracting from personal experience, testimony, popular culture, and elsewhere, I propose a fragmentary list of these categories (...) of undocumented immigrant reason, a list that includes journeying, crossing/nepantla, uncertainty/zozobra, nostalgia, and return. These categories, which structure undocumented immigrant reason, are reflected in beliefs and attitudes about migration, belonging, the contingency of life, the centrality of memory, and the meaning of death. Constitutive of immigrant rationality are beliefs and ways of being that lend meaning to immigrant life, including those beliefs and ways of being that place immigrants in closer proximity to fundamental human truths. (shrink)

This paper examines the practice implications of various state policies that provide publicly funded prenatal care to undocumented immigrants for health care workers who see undocumented patients. Data were collected through in-depth interviews with purposively sampled health care workers at safety net clinics in California, Maryland, Nebraska, and New York. Health care workers were asked about the process through which undocumented patients receive prenatal care in their health center and the ethical tensions and frustrations they encounter (...) when providing or facilitating this care under policy restrictions. Respondents discussed several professional practice norms as well as the ethical tensions they encountered when policy or institutional constraints prevented them from living up to professional norms. Using Nancy Berlinger's “workarounds” framework, this paper examines health care workers' responses to the misalignment of their professional norms and the policy restrictions in their state. These findings suggest that the prenatal policies in each state raise ethical and professional challenges for the health care workers who implement them. (shrink)

In this paper, I consider the question of where illegal immigrants should go once their lives have been saved in hospitals and they are ready to be transferred to long-term care situations. I highlight three recent cases in which such a decision was made. In one case, the patient was kept at the hospital, in another the patient was repatriated to his home country, and in the third, the patient was discharged to his family. I consider the relevant moral (...) values and argue that for reasons of fairness we must develop a policy that treats similar cases in similar ways. In order to best uphold patient well-being and minimize costs, the plan proposed here calls for illegal immigrants to be covered by insurance for long-term care. (shrink)

This article questions the meanings and expression of "citizenship" in the context of new Latina and Latino migration into the southeastern United States-a region long marked by legally policed racial systems and now experiencing the varied shocks of globalization. Focused on a legislative campaign that won access to a state-issued driver's licence for undocumented migrants in Tennessee in spring 2001, the article explores some of the tensions that emerged on the road to this unlikely victory and raises questions for (...) the immigrants' rights movement in the US about the costs and gains that may follow from different ways of framing its demands. The dominant frame this particular campaign adopted was a pragmatic and politically acceptable call to improve traffic safety, one that reflected a conscious choice to downplay issues of rights, justice or global perspective. Yet the article also reports that the campaign in fact created and used opportunities for activists to raise issues related to migrant rights. It also made a dramatic, albeit temporary, improvement in the daily lives of migrants in the state. The article then sketches three citizenship norms that current struggles might prefigure. These three norms are: the full right to international mobility of human beings; the right to identity; and duties of citizenship in a globalizing world. (shrink)

This article aims to show that Locke’s discussion of tacit consent and the right to punish aliens in the Second Treatise of Government has important bearings on the moral status of undocumented immigrants. It argues that Locke conceptualized both friendly and hostile aliens, counting the former as tacit consenters to whom host states owed rights and protection. Moreover, it highlights how his approach, unlike theorists before and after him, was one that saw individuals as capable of shaping their (...) own relationship with the host. The article also examines Locke’s discussion of the federative power of the state, which includes the power to vet aliens within the country. Seen through this Lockean lens, the article argues that the vast majority of undocumented immigrants can be understood as tacit consenters or potential citizens who should be judged by how they choose to relate to the host, and not by their country of origin. While noting that the Lockean approach is not incompatible with border control, the article also shows how it puts the onus on the host to justify the power it exercises and to engage in dialogue with undocumented immigrants about what their status should be in the country. (shrink)

We assessed the attitudes, perceptions, and stereotypes toward Latino immigrants among 247 mental health professionals across 32 U.S. states. We also randomly presented two versions of an attitude measure that varied in their references to immigrants. Participants reported that they did not agree with the anti-immigration law Arizona SB 1070 and other similar bills. Also, greater multicultural awareness was related to positive attitudes and fewer stereotypes toward immigrants. Furthermore, participants who were asked to think about “undocumented (...) immigrants” viewed Latino immigrants more positively than those who were asked think about “illegal aliens.” Findings show the continued need for multicultural awareness and competence training for mental health professionals, which align with the American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct. Limitations and future directions for research are discussed. (shrink)

Commenting on Alfaro and Bui’s article “Mental Health Professionals’ Attitudes, Perceptions, and Stereotypes Toward Latino Undocumented Immigrants,” this article explores and confirms the importance of continued and increased attention to language and word choice regarding Latina/latino/latinx immigrants as well a multicultural awareness and competence training for mental health professionals. Mental health professionals must be aware of connections between social determinants of health and well-being, as well as the impact of their own cultural awareness and language use, on (...) their implicit bias and capacity for empathy with clients who they may perceive to be different than themselves. Ethical guidelines require mental health professionals to consistently seek learning opportunities to increase their cultural awareness in order to provide competent mental health services to Latina/latino/latinx undocumented immigrant clients that ameliorate suffering and facilitate flourishing. (shrink)

In “IRBs and the Protection-Inclusion Dilemma: Finding a Balance,” Dr. Phoebe Friesen and her collaborators (2023) provide a compelling framework that helps Institutional Review Boards (IRBs) think...

The United States has dealt with issues on immigration for over a century. The largest wave of immigration before the late 20th century began in the 1870s and peaked in 1910. In the past few decades, the United States has dealt overwhelmingly with the issue of undocumented immigrants. This challenge has led to different approaches to immigration reform and to help regulate the influx of immigrants across its borders. Generally, however, there have been two major sets of (...) voices indicative of the opinion of the American populace. One group has called for tighter immigration rules to prevent the easy entry of undocumented immigrants who have been branded as criminals. The other group has taken a moral and ethical stance to permit the entry of immigrants and to formulate a process for their legal residency. These two opposing views have triggered an ongoing discussion on undocumented immigrants. (shrink)

"What does it really mean to "be undocumented," particularly in the contemporary United States? Political philosophers, policymakers and others often define the term "undocumented migrant" legalistically-that is, in terms of lacking legal authorization to live and work in one's current country of residence. Socially Undocumented: Identity and Immigration Justice challenges such a pure "legalistic understanding" by arguing that being undocumented should not always be conceptualized along such lines. To be socially undocumented, it argues, is to (...) possess a real, visible, and embodied social identity that does not always track one's actual legal status in the United States. By integrating a descriptive/phenomenological account of socially undocumented identity with a normative/political account of how the oppression with which it is associated ought to be dealt with as a matter of social justice, this book offers a new vision of immigration ethics. It addresses concrete ethical challenges associated with immigration, such as the question of whether open borders are morally required, the militarization of the Mexico-U.S. border, the perilous journey that many Mexican and Central American migrants undertake to get to the United States, the difficult experiences of many socially undocumented women who cross U.S. borders to seek prenatal care while visibly pregnant, and more"--. (shrink)

Romans 13:1-7, which commands subjection to governing authorities, can be given too much weight in the moral analysis of undocumented immigrants. This article considers Romans 13 in the broader context of Romans and of the biblical canon to show biblical reasons for permitting civil disobedience toward immigration law. Rather than viewing undocumented immigrants as universally immoral lawbreakers, these biblical factors combined with analysis of civil disobedience for the preservation of life, legal ambiguities arising from competing jurisdictions, (...) and other socio-political factors show that it may be a prudent action for undocumented immigrants to disobey immigration law. (shrink)

BackgroundUndocumented immigrants can donate their organs, but lack access to organ transplantation. This challenges foundational principles of organ donation: fairness and informed consent. Little is known about undocumented immigrants’ knowledge of barriers to their access to organ transplantation or how this might affect their decision to donate their organs.MethodsThe study was performed in an urban, university-affiliated, safety-net hospital. We interviewed hospitalized patients who selfidentified as undocumented immigrants and were unaware of having any contraindication to organ (...) donation (for example, cancer). We first recorded their demographic characteristics and knowledge and attitudes regarding organ donation. We then assessed the effects of informing participants about limits to their access to organ transplants on their willingness to donate.ResultsThis group of 59 uninsured Hispanic immigrants had adequate knowledge about organ donation. Participants were suspicious about inequality within the medical system, but most were willing to donate their organs (74 percent). Most participants (74 percent) were aware that they would have to pay to receive an organ, but they dramatically underestimated the out-of-pocket expenses. Yet willingness to donate their organs was unaffected by participants being explicitly informed of the low likelihood that they would be able to afford to receive an organ transplant.ConclusionsDespite being well informed about the organ donation system, undocumented Hispanic immigrants underestimate the costs and overestimate their likelihood of receiving an organ. Even when they are given this information, they remain willing to donate their own organs. (shrink)

In this review essay, I discuss two recent works in refugee and migration ethics, Serena Parekh’s No Refuge: Ethics and the Global Refugee Crisis and Amy Reed-Sandoval’s Socially Undocumented: Identity and Immigration Justice. I find that their methodological ambitions overlap significantly and that their arguments represent welcome and largely successful examinations of generally neglected issues. I also explain how both approaches could fruitfully learn from each other, and argue that they lay pioneering groundwork for future work to continue the (...) analysis of only nascent modes and areas of inquiry. (shrink)

Working in an urban safety net facility, my colleagues and I daily face any number of challenges. In some respects, an undocumented immigration status is just another one of those challenges. However, it is a particularly interesting one given the context created by political, social, and ethical debate about immigration.

Nell Toussaint is not well. In recent years, she has been diagnosed with uterine fibroids, uncontrolled hypertension, nephrotic syndrome, poorly controlled diabetes, hyperlipidemia, and a pulmonary embolism. She also suffers from decreased mobility, shortness of breath, and‐perhaps not surprisingly, given her other ailments‐anxiety. Toussaint is an indigent undocumented immigrant living in Canada who has been trying to secure medical coverage in the federal courts. In the process, she has sacrificed the medical confidentiality that most of us ordinarily enjoy. Toussaint (...) first came to Canada from Grenada as a visitor in 1999 and remained after the term of her visa expired. At first, she earned enough to sustain a living, but in 2006, her health began to deteriorate, and she was no longer able to work. Although she has received some medical care since then, it has been sporadic, on an emergency basis, and at great expense. When Toussaint applied for medical health coverage under Canada's Interim Medical Health Program, which covers the cost of emergency medical care for legally admitted indigents, her application was rejected. She challenged the decision in federal court on the grounds that her right to life and security of the person under the Canadian Charter had been violated and that the denial of coverage was discriminatory. (shrink)

Three of the most contentious issues in contemporary American society—allocation of medical resources, end of life care, and immigration—converge when undocumented immigrant patients are facing the terminal phase of chronic illness. The lack of consistent, pragmatic policy in each of these spheres leaves us with little guidance for how to advocate for undocumented patients at the end of life. Limited resources and growing need compound the problem. Care for patients in this unfortunate situation should be grounded in clinical (...) and economic reality as well as respect for the dignity of the individual to avoid exacerbating inequalities. (shrink)

In her book, Socially Undocumented: Identity and Immigration Justice, Amy Reed-Sandoval discloses and criticizes a kind of oppression that is uniquely suffered by a group she identifies as "socially undocumented." The problem with her account is not with the identification of this group nor in her conclusions or recommendations, but in taking an overly constrained version of liberalism as her starting point. This non-radical version of liberalism does not have the necessary resources to properly recognize as unjust the (...) kind of oppression that Reed-Sandoval is most concerned with. I therefore argue in this essay that in order to properly recognize this kind of oppression as unjust, one must either subscribe to a “Goldilocks” version of liberalism or rely on a political theory that gets beyond liberalism. (shrink)

Mr. A's physician recommends immediate dialysis. However, Mr. A is in the United States illegally, has no family living in the area, and is unemployed. The Emergency Medical Treatment and Labor Act requires the hospital not only to examine Mr. A, but to provide him with any needed stabilizing treatment without considering his lack of insurance coverage or ability to pay. The needed treatment to stabilize Mr. A is dialysis. Therefore, the physician admits him and starts dialysis. But Mr. A (...) will need to continue dialysis indefinitely. Because he has no insurance and is an illegal immigrant, he is not eligible for any outpatient dialysis units. He is also unable to afford any medical treatments. Once Mr. A is stabilized, should he be discharged? His physician and social worker turn to the hospital ethics committee for help. What should Mercy Hospital do? (shrink)

The number of people without rights of residence or work in the territory of Western Europe's nation states is growing. In official representations of political life this group is commonly 'symbolically eliminated' or taken up by an increasingly hostile discourse on 'illegal immigrants' and 'international terrorism'. This article explores what a rereading of the work of Hannah Arendt can contribute to the analytical task of giving an alternative meaning to the presence of this group. Arendt opens up new ways (...) of thinking and acting in view of the present situation. She shows us the rightless migrant as subject to a very specific form of domination - total domination. With Arendt we can see the migrant also as an emblematic philosophical figure, whose status exposes the contradiction of state-centred citizenship and the discourse of human rights. Lastly, the migrant comes into view as a potential political actor; protests by sans papiers become visible as sites of active citizenship. (shrink)

Approximately 47 million Latinos currently live in the United States, and nearly 25 percent of them are undocumented. The USA is a very different country from just a generation ago – culturally, socially, and demographically. Its presumed core values have been transformed largely by the changes wrought by immigration and ethnicity. A multicultural society has, in 2008, elected a multicultural president. This article examines immigration discourse, framed in terms of fear and security, and the evolution of the US immigration (...) policy. Latino immigration is presented as a force that has shaped the nation's past and continues to shape the economic, demographic, and cultural future of the United States. Psychological barriers to the social integration of immigrants are also explored. This article concludes that government policy makers should encourage a more tolerant, multicultural society by integrating Latino immigrants into the social, economic, and political fabric of the nation. (shrink)

Approximately 11.2 million undocumented immigrants have settled in the United States. Providing health care to these residents is an everyday concern for the clinicians and health care organizations who serve them. Uncertain how to proceed in the face of severe financial constraints, clinicians may improvise remedies–a strategy that allows our society to avoid confronting the clinical and organizational implications of public policy gaps. There is no simple solution‐no quick fix‐that will work across organizations (in particular, hospitals with emergency (...) departments) in states with different concentrations of undocumented immigrants, varying public and private resources for safety‐net health care, and differing approaches to law and policy concerning the rights of immigrants. However, every hospital can help its clinicians by addressing access to health care for undocumented immigrants as an ethical issue. We offer some recommendations for doing this in a structured, fair, and transparent way. We also describe the problems that may result when clinicians are forced to grapple with this issue on their own. (shrink)

Vulnerabilities often characterize the availability of immigrant populations of interest in social behavioral science, public health, and medical research. Refugees, asylum seekers, and undocumented immigrants present unique vulnerabilities relevant to protocol development as well as ethics review procedures and criteria. This paper describes vulnerable populations in relation to the Belmont Report and US federal regulations for the protection of human subjects, both of which are commonly used in international research contexts. It argues for safeguards for immigrants comparable (...) to protections for such populations as pregnant women, prisoners, and children. The paper further presents a two-part model for the review of protocols that involve immigrants. The model is intended to help identify the risks to immigrants associated with participation in research, and to suggest how researchers can responsibly frame studies and access to research participant immigrants through community-based, and/or non-governmental organizations that serve immigrants and immigrant communities. (shrink)

In this paper I argue for the need to distinguish between being "legally undocumented" and "socially undocumented". The latter term, I argue, designates and helps us to understand the oppression associated with undocumented status.

Joseph Carens in his 2013 book Ethics of Immigration argues we should not criminalize undocumented migrants. Instead, we should view them as irregular immigrants who are entitled to some general human rights. This article focuses on Caren's discussion of criminalization in light of recent scholarship by John Marquez and Natalie Cisneros pertaining to the Latina/o border death toll, generalized violence, and discourses on undocumented pregnant migrante females as multiplying rats and anchor babies. This article argues that simply (...) relying on a democratic state model to understand the realities of border militarization is not sufficient because it does not perform some of the explanatory functions performed by other non-ideal theories. By synthesizing the views of Cisneros and Marquez, this article distinguishs thick and thin senses of excessive border enforcement and outlines a notion of the racial/sexual state of expendability as a way of making better sense of these violent realities. (shrink)

This article examines the processes of investigation and gathering evidence about victims of the September 11 attacks to better understand the inability of state and nonstate institutions to effectively deal with the invisibility of undocumented migrants in terms of providing assistance and recognition at a moment of tragedy. The failure to make the invisible visible or to address the very question of visibility publicly is explained by three major reasons: 1) A general fear of coming forward on the part (...) of undocumented migrants or their families, partly as a result of their legal status and their lack of trust in government agencies, which was compounded by ineffective communication about available relief services; 2) different procedural requirements and logics of evidence used by government and nongovernmental relief agencies, which, in some cases, made it impossible for undocumented migrants or their families to provide proof of their presence at the site or employment in the businesses affected; 3) the context of 9/11 as a disruptive event that influenced the overall climate in which issues of victimhood and immigration status could be addressed. (shrink)

In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over immigration by showing both how (...) ethical limits on enforcement circumscribe the options legitimate states have in determining their immigration policy and how all immigrants (including undocumented immigrants) are entitled to certain protections against a state’s enforcement apparatus. (shrink)

What moral claims do undocumented immigrants have to membership? Joseph Carens has argued that illegal migrants with long-term residence have a claim to national membership because they already are de facto members of local communities. This article builds on the linkage between illegality, residence, and rights, but shifts the focus from the migrant to the state, and from membership-based arguments to the rule of law. I argue that the rule of law, as expressed in the principle of legal (...) certainty, provides an alternative justification for the regularization of resident undocumented migrants. The principle of legal certainty recognizes the right of individuals to make long-term plans for their lives by requiring that state action be reasonably predictable and nonarbitrary. Thus, as an expression of legal certainty, both civil and criminal codes have statutes of limitation that place a time limit beyond which most crimes and misdemeanors can no longer be prosecuted, and individuals can move on with their lives. Not only do these statutes recognize the individual’s right to be free from arbitrary state control, they also demand that the state cut its losses and accept the consequences of its failure to act in a timely manner. I contend that, in the absence of a statute of limitation on illegal entry, the deportation of settled migrants constitutes an arbitrary act of state power. The article explores a number of judicial rulings to illustrate the argument’s normative logic. (shrink)

A nationalist theory of the modern state holds that territorial states should be constituted as nations composed of people who in some sense belong with each other as members of their country. Liberal philosophers have defended this view on the grounds that nationality creates the solidarity necessary for social justice. Their argument is troubled by the case of the United States, where nationality is strong but solidarity weak. According to the best empirical studies, the fundamental reason for the American exception (...) is not libertarian political culture, but white anti-black racism. This essay makes the case that an open border policy with Mexico and other Latina/o states is likely to weaken the national identity now widely held in the United States, but increase the political prospects for racial justice. It follows that a liberal nationalist justification for excluding undocumented Latina/o immigrants from membership in U.S. society should be rejected. (shrink)

The catalyst for much of classical pragmatist political thought was the great waves of migration to the United States in the early 20th century. José-Antonio Orosco examines the work of several pragmatist social thinkers, including John Dewey, W. E. B. Du Bois, Josiah Royce, and Jane Addams, regarding the challenges large-scale immigration brings to American democracy. Orosco argues that the ideas of the classical pragmatists can help us understand the ways in which immigrants might strengthen the cultural foundations of (...) the United States in order to achieve a more deliberative and participatory democracy. Like earlier pragmatists, Orosco begins with a critique of the melting pot in favor of finding new ways to imagine the civic role of our immigrant population. He concludes that by applying the insights of American pragmatism, we can find guidance through controversial contemporary issues such as undocumented immigration, multicultural education, and racialized conceptions of citizenship. (shrink)

Recently, John Doe, an undocumented immigrant who was detained by United States Immigration and Customs Enforcement, was admitted to a hospital off-site from a detention facility. Custodial officers accompanied Mr. Doe into the exam room and refused to leave as physicians examined him. In this analysis, we examine the ethical dilemmas this case brings to light concerning the treatment of patients in immigration detention and their rights to privacy. We analyze what US law and immigration detention standards allow regarding (...) immigration enforcement or custodial officers’ presence in medical exams and documentation of detainee health information. We describe the ethical implications of the presence of officers in medical exam rooms, including its effects on the quality of the patient-provider relationship, patient privacy and confidentiality, and provider's ability to provide ethical care. We conclude that the presence of immigration enforcement or custodial officers during medical examination of detainees is a breach of the right to privacy of detainees who are not an obvious threat to the public. We urge ICE and the US Department of Homeland Security to clarify standards for and tighten enforcement around when officers are legally allowed to be stationed in medical exam rooms and document detainees’ information. (shrink)

What legal rights and duties immigrants should have is among the most ferociously debated topics in the politics of liberal societies today. However, as this article will show, there is remarkably little disagreement of great magnitude among political theorists and philosophers of immigration on the rights and duties of resident immigrants (even in contrast to the closely related philosophical discussion of justice in immigrant admissions). Specifically, this article will survey philosophical positions both on what legal rights immigrants (...) (documented permanent residents, guestworkers, and undocumented immigrants) ought to have (including to citizenship and against deportation), and on what liberal societies may justly do to require immigrants to integrate. This article will reveal that there is a substantial, growing gap between contemporary politics worldwide and what the moral norms of liberalism seem to entail concerning the rights and duties of immigrants. (shrink)

Because the United States has failed to provide a pathway to citizenship for its long-term undocumented population, clinical ethicists have more than 20 years of addressing issues that arise in caring for this population. I illustrate that these challenges fall into two sets of issues. First-generation issues involve finding ethical ways to treat and discharge patients who are uninsured and ineligible for safety-net resources. More recently, ethicists have been invited to help address second-generation issues that involve facilitating the presentation (...) for care of undocumented patients. In the current environment of widespread fear of deportation in the immigrant community, ethicists are working with health care providers to address patient concerns that prevent them from seeking care. I illustrate that in both generations of issues, values implicit within health care, namely, caring, efficiency, and promotion of public health, guide the strategies that are acceptable and recommended. (shrink)

This article analyzes survey data from a national sample of K-12 public school teachers (N = 5190) with a focus on the nested sample of middle and high school social studies teachers (N = 927). The authors examine social studies teachers’ views on nationalism, including the sub-categories of chauvinistic nationalism and patriotism. In the analyses, the authors show differences in levels of nationalism based on demographic and regional factors and the relationship between levels of nationalism and teachers’ beliefs about educational (...) rights for undocumented immigrant students using both correlation and linear regression analyses. We argue that teachers’ views on nationalism could be a critical factor in shaping beliefs toward equity in relation to immigrant students. (shrink)

The DACA program, administered by the Department of Homeland Security, protects Dreamers—undocumented immigrants brought to the U.S. as children. However, without legislative support, Dreamers face the imminent threat of losing their homes, rights, and deportation. I argue for the passage of the DREAM Act, which would protect Dreamers from unfair targeting and provide a path to citizenship. Dreamers possess a unique social membership in American society, and it is ethically imperative to shield them from deportation and grant them (...) equal rights as fellow citizens if we ought to demonstrate a commitment to addressing oppression and injustice. (shrink)

The “right to belong” is a human right in two ways. First, there is the right to belong in a limited sense, i.e., to the extent necessary for individuals to secure all other human rights, such as those recognized by the United Nations Universal Declaration of Human Rights. Second, there is a deeper aspect of the right to belong, that which is necessary to flourish as a human being. To establish, first, that the right to belong in a limited sense (...) should be a human right, I draw upon Hannah Arendt’s claim that stateless persons are without rights, as only communities can grant them. I argue that this limited level of belonging is a necessary but insufficient condition for human flourishing. Full human flourishing requires belonging on a deeper level. To articulate the nature of this deeper level of belonging I draw on Simone Weil’s definition of the “need for roots” and John Dewey and Jane Addams’ constructions of the self as social. I then show how “belonging” in a deeper sense necessarily connects with how a person is perceived and received by individuals and institutions in a community and argue that full perception by and participation in a community is necessary for humans to flourish. Thus, the right to belong imposes an ethical obligation on other members of the community to perceive undocumented immigrants as full human persons with the potential to lead flourishing lives. (shrink)

Every year, thousands of undocumented Mexican workers enter the United States. Their presence, together with the settlement of undocumented and legal immigrants from many other countries, constitutes the source of one of the most persistent ideological conflicts in American history: the conflict over immigrants' rights. Official discourses in many cases identify being Hispanic with poor performance at school, drug abuse, poverty and violence. However, aside from mainstream images of who immigrants are, little research has been (...) done on the identity that immigrants themselves build and project, and on the processes that affect the formation of such identity. In this article I investigate identity through discourse analysis, looking specifically at linguistic strategies used by a group of undocumented Mexican immigrants to identify characters in storytelling. I argue that immigrants use ethnic identity as a central identification category for self and others in their stories, showing that ethnic mentions are widespread in story orientations, and that they exhibit different degrees and types of relevance depending on their relationship with the interactional context and/or the story world. Ethnic mentions are used in stories to affirm certain characteristics of one's own identity and of the identity of others via the presentation and evaluation of behaviors. In argumentative stories disputable behaviors are openly attributed to out groups, and so these stories help speakers to build images of who they are and how they stand in relation to others. In stories of personal experience, the connections between identities and behaviors are implicit, but they still respond to socially established expectations. Thus, individual stories also contribute to build those expectations about how belonging to certain ethnic groups may affect action in particular domains of life. The pervasiveness of ethnic identification in immigrant stories cannot be understood without resorting to wider social processes that frame the immigration experience of undocumented Mexican workers. In this case, I stress the importance of the pressure that the ideology of race and ethnicity, enacted through public discourse at all levels, exerts on every individual in American society. (shrink)