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)

In the last decade, Venezuelans have faced a range of challenges such that by 2023, nearly 7.2 million have fled, the vast majority hosted within the region. One country particularly stands out: Colombia has accepted over 2.5 million. Colombia’s behaviour does not appear motivated by legal obligations or universal ethical principles; it is hard to make sense of in terms of international ethical and political theory. Rather, Colombian state and society make reference to mundane, localised concepts of friendship, fraternity and (...) the reciprocity of a shared history. Such everyday ethics is generally ignored in existing debates. I argue that immigration ethics could helpfully begin from concrete, everyday ethical behaviour rather than idealisation and abstraction. Instead of initially asking what states and societies should do regarding immigration, we could ask what do they already do, why and how? This article therefore explores how Colombian politicians and civil society actors understood their welcoming actions through an awareness of entangled histories, reciprocity, friendship and solidarity: everyday, vernacular ways in which responsibility-taking is rationalised and practiced. My argument is not that Colombia’s actions are normatively right, or an enactment of immigration justice. Rather, these actions were ambivalent: the messy, pragmatic result of negotiating different, competing responsibilities, principles and emotions. The results were imperfect, heavily gendered, but also unprecedented. Those advocating greater societal responsibility for immigrants would perhaps do best to look beyond the global north, shun the universal and start from local activities founded in vernacular, everyday ethics. (shrink)

In The Ethics of Immigration, Joseph Carens’ builds a sophisticated account of justice in immigration based on an interpretation of liberal states’ democratic principles and practices. I dispute Carens’ contention that his hermeneutic methodology supports a broadly liberal egalitarian consensus; instead, the consensus he detects on principles and practices appears because his interpretation presupposes liberal egalitarianism. Carens’ methodology would benefit by engaging with a “hermeneutics of suspicion” that explores the ideological and exclusionary facets of liberal egalitarian principles (...) when applied to immigration. This would contribute to an account of the ethics of immigration that gives more attention to power and interest, mediated through structures of gender, race, and class. (shrink)

Latin American Immigration Ethics advances philosophical conversations and debates about immigration by theorizing migration from the Latin American and Latinx context.

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)

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.

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.

Methodological nationalism is the assumption that nation-states are the relevant units for analyzing social phenomena. Most of the social sciences recognized it as a source of bias, but not the ethics of immigration. Is this field biased by methodological nationalism—and if so, to what extent? This article takes nationalism as an implicit bias and provides a method to assess its depth. The method consists in comparing principles that ethicists commonly discuss when immigration is not at stake with (...) principles advocated in the ethics of immigration. To interpret the results, a distinction between mild and heavy bias is established. When a basic principle in ethics is underdiscussed or absent from the ethics of immigration, the field is ‘mildly biased’. When its negation is commonly advocated, the field is ‘heavily biased’. Here, the method is illustrated with two principles: equal opportunity and reparation. They are common in theories of distributive justice and of corrective justice, respectively. But in the ethics of immigration, scholars often argue for the opposite. Instead of equal opportunity, they implicitly support discrimination based on national origin; instead of sanctions or amnesty for the offenders, scholars plead amnesty for those who they otherwise regard as victims. These preliminary results suggest that the field is heavily biased: methodological nationalism seems to turn ethics into its opposite. (shrink)

This study examines the role of acculturation in shaping consumers’ views of ethics. Specifically, it examines the relationships between the desire to keep one’s original culture, the desire to adopt the host culture, and the four dimensions of the Muncy and Vitell (Journal of Business Research Ethics 24(4), 297, 1992) consumer ethics scale. Using two separate immigrant populations – one of former Middle-Eastern residents now living in the U.S. and the other of Asian immigrants in the U.S. (...) – results indicate that those who want to keep their original culture are less tolerant of unethical consumer activities, while those who are more willing to adopt the host culture are more tolerant of these same consumer activities. Furthermore, the immigrants in both studies who are more tolerant of unethical consumer activities are those who are generally somewhat younger and with less formal education. The relationship between gender and consumer ethics was not significant. (shrink)

States heavily restrict immigration, and many people violate these restrictions. For example, unauthorized immigrants cross borders without official permission, and other actors, such as people smugglers, assist them in doing so. How should we evaluate resistance to immigration law from a moral perspective? In this article, I survey recent work on the ethics of resisting immigration law. In particular, I examine three categories of resistance to immigration law as the following: unauthorized immigration, people smuggling, (...) and citizens' resistance to laws that prohibit them from assisting or interacting with unauthorized immigrants. (shrink)

Methodological nationalism is the assumption that nation-states are the relevant units for analyzing social phenomena. Most of the social sciences recognized it as a source of bias, but not the ethics of immigration. Is this field biased by methodological nationalism—and if so, to what extent? This article takes nationalism as an implicit bias and provides a method to assess its depth. The method consists in comparing principles that ethicists commonly discuss when immigration is not at stake with (...) principles advocated in the ethics of immigration. To interpret the results, a distinction between mild and heavy bias is established. When a basic principle in ethics is underdiscussed or absent from the ethics of immigration, the field is ‘mildly biased’. When its negation is commonly advocated, the field is ‘heavily biased’. Here, the method is illustrated with two principles: equal opportunity and reparation. They are common in theories of distributive justice and of corrective justice, respectively. But in the ethics of immigration, scholars often argue for the opposite. Instead of equal opportunity, they implicitly support discrimination based on national origin; instead of sanctions or amnesty for the offenders, scholars plead amnesty for those who they otherwise regard as victims. These preliminary results suggest that the field is heavily biased: methodological nationalism seems to turn ethics into its opposite. (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)

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)

Many of us take it for granted that states have a right to control the entry and settlement of non‐citizens in their territories, and hardly pause to consider or evaluate the moral justifications for immigration controls. For a long time, very few political philosophers showed a great deal of interest in the subject. However, it is now attracting much more attention in the discipline. This article aims to show that we most certainly should not take it for granted that (...) states enjoy a moral right to exclude would‐be immigrants. It is neither obvious nor uncontroversial. And if we cannot find adequate justifications for the existence of such a right, then we need to re‐evaluate the very backbone of current approaches to immigration policy. The paper begins with an overview of the existing academic debate about the extent of the right to freedom of movement. Next it introduces three arguments in support of the state’s right to exclude would‐be immigrants which draw on claims about the collective right to self‐determination. Finally it outlines three important challenges faced by these arguments in support of the state’s right to exclude. (shrink)

Who is to be included in a political community and on what terms? William A. Barbieri Jr. seeks answers to these questions in this exploration of the controversial concept of citizenship rights—a concept directly related to the nature of democracy, equality, and cultural identity. Through an examination of the case of Germany’s settled “guestworkers” and their families, _Ethics of Citizenship_ investigates the pressing problem of political membership in a world marked by increased migration, rising nationalist sentiment, and the ongoing reorganization (...) of states through both peaceful and violent means. Although some of Germany’s foreign workers have gradually attained a degree of social and economic legitimacy, Barbieri explains how they remain effectively excluded from true German citizenship. Describing how this exclusion has occurred and assessing current attitudes toward political membership in Germany, he argues for a just and democratic policy toward the tax-paying, migrant worker minority, one that would combine the extension of the individual rights of citizenship with the establishment of certain group rights. Through a dissection of ongoing public “membership debates” over issues such as suffrage, dual citizenship, and immigration and refugee policy, Barbieri identifies a range of competing responses to the question of who “belongs” in Germany. After critiquing these views, he proposes an alternative ethic of membership rooted in an account of domination and human rights that seeks to balance individual and group rights within the context of a commitment to democracy and equal citizenship. Indispensable for scholars of German studies, _Ethics of Citizenship_ also raises questions that will attract moral philosophers, constitutional scholars, and those interested in the continuing, global problems associated with migration. (shrink)

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.

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.

A large portion of normative philosophical thought on immigration seeks to address the question “What policies for admitting and excluding foreigners may states justly adopt?” This question places normative philosophical discussions of immigration within the boundaries of political philosophy, whose concern is the moral assessment of social institutions. Several recent contributions to normative philosophical thought on immigration propose to answer this question, but adopt methods of reasoning about possible answers that might be taken to suggest that normative (...) philosophical inquiry about immigration belongs to the field of ethics, whose concern is the moral assessment of individual action and character. This paper focuses particularly on recent work by Christopher Heath Wellman and Kieran Oberman, both of whom attempt to derive conclusions about the justice of aspects of states’ immigrant admissions policies from answers to the question “Is it morally permissible for person P to migrate internationally?” I argue in this paper that such individualist ethical approaches to normative philosophical reasoning about states’ immigration policies obscure factors consideration of which is indispensable for assessing their justice, producing misguided policy recommendations. These factors include the global structural causes of international migration, and the role wealthy receiving countries of the global North play in shaping these causes – factors that are better appreciated by political philosophy than by ethics, given the respective objects of concern of each. (shrink)

Three encyclopedia entries: "Immigration," published in Ethics, Revised Edition, pages 715-17, reprinted by permission of the publisher Salem Press. Copyright, ©, 2004 by Salem Press. "Immanuel Kant," published in Ethics, Revised Edition, pages 804-06, reprinted by permission of the publisher Salem Press. Copyright, ©, 2004 by Salem Press. "Kantian Ethics," published in Ethics, Revised Edition, pages 806-08, reprinted by permission of the publisher Salem Press. Copyright, ©, 2004 by Salem Press.

This essay discusses the ethical issues raised by immigration to rich democratic states in Europe and North America. The article identifies questions about the following topics: access to citizenship, inclusion, residents, temporary workers, irregular migrants, non-discrimination in admissions, family reunification, refugees, and open borders. It explores the answers to these questions that flow from a commitment to democratic principles.

Over 50,000 youth, mostly between the ages of 13 and 17 years, migrated to the United States without familial accompaniment in the fiscal year 2018. The tripartite process of pre-flight, flight, and resettlement exposes these unaccompanied immigrant children to multiple, and often ongoing, traumatic events that can significantly and adversely impact their mental health into adulthood. However, the ethical considerations for psychologists working with this growing population, with limited exceptions, remain largely unaddressed. As more and more UIC flee their home (...) countries due to violence, abuse, and economic instability only to experience further stressors during the processes of detainment, custodial placement, and acculturative adjustment in the US, there is an increasing need for psychological services; thus, the importance of preparation of mental health providers is increasingly significant. Psychologists must have the requisite skills and knowledge of the complex experiences of UIC, and of how these intersect with salient cultural, developmental, and systemic factors, as a means of providing competent and ethical mental health treatment. The present article highlights several ethical issues that arise when providing psychological services to UIC, with particular consideration paid to the embeddedness of UIC in various organizational entities with which psychologists will likely need to interface when working with this population. Implications and recommendations for practicing psychologists and training programs are discussed. (shrink)

The ethics of immigration is currently marked by a division between realists and idealists. The idealists generally focus on formulating morally ideal immigration policies. The realists, however, tend to dismiss these ideals as far-fetched and infeasible. In contrast to the idealists, the realists seek to resolve pressing practical issues relating to immigration, principally by advancing what they consider to be actionable policy recommendations. In this article, I take issue with this conception of realism. I begin by (...) surveying the way in which it exemplifies what certain political theorists have recently called ‘problem-solving’ realism – a species of realism which they reject as incoherent. These theorists demonstrate that what counts as a ‘feasible’ solution is far harder to establish than most problem-solving realists would have us believe. Applying this general critique to the specific domain of immigration ethics turns out to radically undermine the notion of realism that prevails in this sphere of applied ethics. I conclude that we should therefore revise our conception of what constitutes a genuinely realist approach to the problem of immigration. (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 conversation with the ethical-theological-philosophical role of love in the Abrahamic traditions and U.S. immigration, personal testimonies of refugee families seeking asylum join the witness of the interfaith community of greater San Antonio to explain the gift received when love of God is expressed as radical hospitality.

Immigration poses numerous challenges for health professionals and public health lawyers. This article reviews these challenges. We begin by offering some background on immigration and health and then explain some of the reasons why immigrants are less likely than natives to have health insurance. Next we turn to a discussion of some of the particular challenges relating to the health care of refugees. We conclude by analyzing and rejecting some of the arguments that are made for discriminating against (...) immigrants with respect to the provision of public health benefits and services. (shrink)

When philosophers and political theorists turn their attention to migration, they often prioritize general normative commitments, giving only secondary concern to whether these commitments are reflected in policy. As a result, pressing issues affecting the status, rights, and life-chances of immigrants can get lost in abstract debates over the right of states to exclude individuals, or the rights of individuals to associate with whomever they like. Joseph Carens’s new book, The Ethics of Immigration, inverts this tendency by focusing (...) first on existing immigration control practices, examining their normative justifications, and then pushing them in the direction of justice. (shrink)

Australian immigration detention has been called state sanctioned abuse and a crime against humanity. The Australian healthcare community has been closely involved with these policies, calling for their reform and working within detention centres to provide healthcare. As well as having a devastating impact on health, immigration detention changes the scope and nature of healthcare, with its delivery described as a Sisyphean task. In this article I will explore the guidance that is available to clinicians who work within (...) detention centres and argue that codes, guidelines and positions statements provide little help in relation to ethical decision making. First I will outline guidance that can be found in codes of ethics and position statements, focusing on particularly relevant principles, such as advocacy, clinical independence and the clinicians’ relationship to human rights. I will then highlight the disparity between this guidance and the delivery of healthcare within detention by drawing on the testimony of clinicians who formerly worked in these environments. While this disparity should be cause for alarm and at a minimum call into question how codes and positions statements are being used, there are more fundamental reasons why codes and position statements fail to provide guidance in these circumstances. I will outline a more general criticism of codes of ethics and use this to suggest a way forward, including looking beyond codes and position statements to guide action within Australian immigration detention. (shrink)

Carens has done more than any other political theorist or philosopher to develop the normative perspective of prospective migrants from within the liberal democratic tradition, but he has not sufficiently engaged with the other side of the argument – in particular, with the value of political community and the principle of collective self-determination. What is at stake for the immigrant-receiving country that might justify its claim to control immigration? I first examine Carens’ theory of social membership and its connection (...) to political community. I then discuss his method of ‘political theory from the ground up’ and his interpretation of democratic principles. I conclude with a discussion of the principle of collective self-determination. (shrink)

In this paper, I explore and probe Joseph Carens’ remarks, in his recent book The Ethics of Immigration, on the immigration status of foreign convicted criminals who have served their sentence, and who wish either to immigrate into our country or who are already here. Carens rejects deportation when it is not called for by considerations of national security, and agrees that considerations of public order can justify barring convicted foreign criminals from entering the country. I broadly (...) agree with his arguments against deportation: my remarks in this respect are clarificatory and exploratory as much as anything else. But both his argument for open borders and his scepticism with respect to radical cosmopolitanism are in tension with his claim that past criminal convictions can act as a bar to entry. (shrink)

Australian immigration detention has been called state sanctioned abuse and a crime against humanity. The Australian healthcare community has been closely involved with these policies, calling for their reform and working within detention centres to provide healthcare. As well as having a devastating impact on health, immigration detention changes the scope and nature of healthcare, with its delivery described as a Sisyphean task. In this article I will explore the guidance that is available to clinicians who work within (...) detention centres and argue that codes, guidelines and positions statements provide little help in relation to ethical decision making. First I will outline guidance that can be found in codes of ethics and position statements, focusing on particularly relevant principles, such as advocacy, clinical independence and the clinicians’ relationship to human rights. I will then highlight the disparity between this guidance and the delivery of healthcare within detention by drawing on the testimony of clinicians who formerly worked in these environments. While this disparity should be cause for alarm and at a minimum call into question how codes and positions statements are being used, there are more fundamental reasons why codes and position statements fail to provide guidance in these circumstances. I will outline a more general criticism of codes of ethics and use this to suggest a way forward, including looking beyond codes and position statements to guide action within Australian immigration detention. (shrink)

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)

To a large extent, the differences between my four interlocutors and me have more to do with the way we choose to frame a question or approach a problem than with substantive disagreements. In her discussion of temporary workers and the brain drain, Gillian Brock implicitly assumes a different background framework of moral responsibility from the one I adopt in my book. Similarly, Cécile Fabre asks important questions about the intersection of immigration and criminal justice, but ones that I (...) chose not to pursue in quite the same way or, in some cases, at all. Matthias Risse says that political theory should be ‘action-guiding’, and I try to problematize that claim, at least to the extent that it limits the questions we can ask. Finally, I applaud the attention that Sarah Song brings to the link between political community and social membership but resist her suggestion that this shows that political community is more fundamental than social membership. I also suggest the need to clarify further the limits to democratic self-determination. (shrink)

In this Article, I examine a normative idea of territoriality which I call ethical territoriality. By ethical territoriality, I mean the conviction that rights and recognition should extend to all persons who are territorially present within the geographical space of a national state simply by virtue of that presence. I start by briefly reprising a claim I have developed elsewhere — that territorialism is preferable, on liberal democratic grounds, to status-based approaches to immigrants’ rights. Here, though, I set out to (...) interrogate the logic of ethical territoriality itself. I ask why the mere fact of a person’s territorial presence should serve as the basis for rights and recognition. Further, even conceding that it should, I ask how this commitment is to be operationalized. What is the scope of the territory in which presence figures so significantly in normative terms, and who, precisely, gets access to presence in that territory? My purpose in this Article is to get beyond the status vs. territorial presence-as-basis-for-membership dispute in the immigration debates and to begin a critical discussion of the ethical territorial commitment itself. (shrink)

Many countries encourage immigration, yet almost without exception they impose medical conditions on the admissibility of prospective immigrants. This paper examines the ethical defensibility of this practice. It argues that the neighbourhood principle, which states that we owe a greater duty to neighbours than to strangers, when properly understood, extends to all human beings, that economic and safety considerations play only a limited role in ethically underwriting an exclusionary policy, and that medical immigration criteria should be harmonized with (...) treatment eligibility criteria for citizens of the relevant countries themselves. (shrink)

Immigration reform is a highly complex and multifaceted task with significant economic, political and religio-cultural repercussions thereby bringing tremendous ethical challenges and implications. This article explores the possible contribution of modern Catholic Social Teaching in addressing the ethical challenges of immigration reform, particularly in the United States, by examining key themes that could address critical issues in the current debate on immigration reform and arguing how an ethic of risk which, the author submits, runs through the key (...) themes of Catholic Social Teaching explored in this paper, could then serve as an approach in articulating how Christian discipleship could foreground citizenship in the context of immigration. (shrink)

Immigration reform is a highly complex and multifaceted task with significant economic, political and religio-cultural repercussions thereby bringing tremendous ethical challenges and implications. This article explores the possible contribution of modern Catholic Social Teaching in addressing the ethical challenges of immigration reform, particularly in the United States, by examining key themes that could address critical issues in the current debate on immigration reform and arguing how an ethic of risk which, the author submits, runs through the key (...) themes of Catholic Social Teaching explored in this paper, could then serve as an approach in articulating how Christian discipleship could foreground citizenship in the context of immigration. (shrink)