Abstract

In Chapter 5 of Justice for People on the Move, Gillian Brock argues that legitimate states may not remove long-settled undocumented immigrants. In this paper, I show that Brock’s claims in this chapter are compelling but limited in scope. Across each of the real-world examples she engages with throughout the chapter, there are clear and widely-acceptable case-specific reasons to think that these groups of undocumented people should be excused for violating immigration law. Partly as a result of her focus on these specific examples, her analysis leaves two important real-world cases of removal undiscussed: cases in which an individual becomes an undocumented resident at a time when that state’s immigration policy clearly indicated that they were not welcome; and cases in which an undocumented person faces removal after violating criminal law. In this paper, I will argue that removal would also be impermissible in these cases.