This article, based on original research from 57 villages in four provinces from North and East India, sheds light on a hitherto unexplored gendered impact of colorism in facilitating noncustomary cross-region marriage migrations in India. Within socioeconomically marginalized groups from India’s development peripheries, the hegemonic construct of fairness as “capital” conjoins with both regressive patriarchal gender norms governing marriage and female sexuality and the monetization of social relations, through dowry, to foreclose local marriage options for darker-hued women. This dispossession of (...) matrimonial choice forces women to “voluntarily” accept marriage proposals from North Indian bachelors, who are themselves faced with a bride shortage in their own regions due to skewed sex ratios. These marriages condemn cross-region brides to new forms of gender subordination and skin-tone discrimination within the intimacy of their marriages, and in everyday relations with conjugal families, kin, and rural communities. Because of colorism, cross-region brides are exposed to caste-discriminatory exclusions and ethnocentric prejudice. Dark-skin shaming is a strategic ideological weapon employed to extract more labor from them. The article extends global scholarly discussion on the role of colorism in articulating new forms of gendered violence in dark-complexioned, poor rural women’s lives. (shrink)

The administrative practices of officials who process the admission of immigrants show severe variations in the ways in which migration policy is enforced on the ground. For the author, inequality of treatment lies in the very hierarchy of tasks and services of what he dubs, following Pierre Bourdieu, the immigration "field". According to the author, the governments’ securitizing priorities favour the sort of suspicion towards foreigners that the media then reproduces, thus authorizing so-called street-level bureaucrats to act with great (...) leeway with regard to immigrants. Under pressure, governments implement what the author calls a "trompe-l’oeil policy" that explores the ambivalence between international and domestic law: while the state enforces repressive laws that apparently comply with fundamental human rights, it leaves to low-ranking civil servants enough discretion to make those rights ineffective. This point is the author’s central contention. The arbitrariness of these officials is neither contingent nor accidental: it actually constitutes a purposive "front-line policy" to enlarge the discretionary power of street-level bureaucrats in charge of regulating admissions. Unequal treatment comes in three flavours in this context. First, officials are asked to ensure that each right granted to a foreigner will not threaten the national order, which means the economic, social and political order. They are therefore in a position to judge the suitability of each application in view of their own arbitrary interpretation of what such "threats" consist of. The question of discretionary power is in this way intimately linked to the problem of equality before the law. Second, the scarcity of material and human resources allocated to services in charge of welcoming migrants starkly contrasts with the expenditure incurred to deport foreigners. Inequality also arises from how agents perceive users and the leeway they have to implement the law. Third, inequality is related to foreigners’ abilities and means to challenge discretionary power, especially through the legal tools they use or through legal intermediaries. The author thus concludes that such "front-line policy" has increasingly been used as a weapon against migrants, especially since the early 2000s, when immigration and detention policies were generalized in France. More broadly, in Europe as well as in United States, immigration reforms have made greater use of detention and focused on enforcement rather than on hosting programs and services for asylum seekers. But they have also strengthened the role of legal intermediaries. Hence the need to investigate how discretionary power is challenged as it sheds light on the power relations between states and migrants. Keywords: foreigners, discretion, sociology, participant observation, front-line policy, illegalism, jobs, insecurity, legal intermediaries. (shrink)

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 35–36.

This article sets out the principal ethical considerations for a just immigration policy. Advocates of a more liberal immigration regime have called for open borders or at least a more relaxed immigration policy. They argue that it is incompatible with basic rights such as freedom of movement, association, and opportunity. Furthermore, the use of coercion to prevent needy people from seeking opportunities abroad sits uneasily in a world of massive inequalities divided along geographical and state lines, as well as the (...) large number of refugees. At the other end of the spectrum, many individuals and groups protest immigration levels and their real or imagined effect on jobs, wages, and culture. The article briefly discusses the causes of migration and the implications of moral theory for immigration policy. It gives special consideration to the case of refugees and addresses the difficult question of how states should treat guest workers and undocumented immigrants. (shrink)

Our world is mobile. People move, either within the state or from one state to another, to access opportunities, to improve their living conditions, or to start afresh. Yet, we usually assume that migration is an exceptional activity that leads to permanent settlement. In this paper, I invite us to reconsider this assumption. First, I analyse several ways in which people experience mobility in contemporary societies. Then, I turn to migration, as a specific form of mobility. I distinguish (...) between a legal/administrative, a social, and a self-identification-based approach to migration, demonstrating that they lead to divergent definitions of who is a migrant. I proceed by introducing the concept of mobile migration and by developing a typology of mobile migrants. I conclude that, in order to devise migration policies that treat migrants fairly, a careful consideration of the claims and interests of the different types of mobile migrants is necessary. (shrink)

Social scientific evidence suggests that labor migration can increase resilience to climate change. For that reason, some have recently advocated using labor migration policy as a tool for climate adaptation. This paper engages with the normative question of whether, and under what conditions, states may permissibly use labor migration policy as a tool for climate adaptation. I argue that states may use labor migration policy as a tool for climate adaptation and may even have a duty (...) to do so, subject to two moral constraints. First, states must also provide acceptable alternative options for adaptation so that the vulnerable are not forced to sacrifice their morally important interests in being able to remain where they are. Second, states may not impose restrictive terms on labor migrants to make accepting greater numbers less costly for themselves because doing so unfairly shifts the costs of adaptation onto the most vulnerable. (shrink)

Qui peut revendiquer un territoire, sur quelles bases et avec quelles conséquences sont des questions qui font l’objet de débats en philosophie politique contemporaine. En réponse, j’adopte « la théorie de l’État légitime » proposée par Stilz. Selon Wellman, une conséquence des revendications territoriales serait le droit de l’État de refuser la migration sur son territoire. Je juxtapose son propos de l’État légitime avec celui de Stilz et soutiens que, si l’on accepte la fondation de l’État légitime sur la (...) valeur de l’autonomie individuelle, accepter seulement des devoirs négatifs, soit de ne pas violer les droits des non-citoyens, n’est pas plausible. Je justifie les devoirs positifs des États légitimes d’aider à la réalisation de l’autonomie individuelle pour tous ceux dont les États d’origine échouent à la tâche et qui souhaitent se joindre et soutenir les institutions de l’État légitime. Cela implique l’obligation de l’État de permettre leur immigration.Who can claim a territory, on what grounds and what such claims entitle to has recently been the subject of much philosophical debate. In answer to this question, I adopt the ‘legitimate state theory’ proposed by Stilz. One consequence of the claim to territory that has been proposed by Wellman is the right to refuse migration onto a territory. I contrast his and Stilz’ account of the legitimate state and argue that if we accept that legitimate states are grounded on the value of individual autonomy, it is not plausible why states only have the negative duty to not violate human rights in dealings with non-citizens ; instead, I argue that states have positive duties to realize the possibility for individual autonomy for all those whose states fail in providing them with the means to individual autonomy and who wish to join and support the institutions of the legitimate state. This implies a duty to allow their immigration. (shrink)

Neorepublicanism holds that domination is the foremost political evil. More, it claims to be able to address today’s most pressing issues. It follows that neorepublicanism should, then, speak to questions of migration, membership, and domination. However, this is not the case. Some critical voices inspired by the idea of non-domination arrive at interesting critiques of migration, membership, and domination, but their answers are often partial and in some ways problematic. They are also largely ahistorical. The contemporary paucity of (...) neorepublican reflections on migration contrasts sharply with its centrality in republican history. In the US, from the colonial period until late into the 19th century, some republicans understood the domination of migrants and citizens as conjoined concerns. They developed a robust account of the relationship between domestic domination and exclusionary migration regimes. They conceptualized the republic as a global asylum where membership is based on volitional allegiance, and they vigorously defended the right of aliens to expatriate. Those ideas were ultimately defeated by aristocratic, oligarchic, and statist forces. This article explicates that history through a genealogical account of what I call ‘insurgent republicanism’. The article then returns to contemporary theorization to diagnose its limitations, continuities, and potentials as seen from the perspective of the insurgent republican tradition. (shrink)

In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in (...) the requirements of liberal justice, mere capacity to assist, as well as past or foreseeable contribution to harm. The chapter therefore explores the possibility of an international migration regime that takes human rights seriously whilst avoiding the twin pitfalls of strict immigration restrictions and the complete liberalization of immigration. (shrink)

It is often argued that development aid can and should compensate the restrictions on migration. Such compensation, Shachar has recently argued, should be levied as a tax on citizenship to further the global equality of opportunity. Since citizenship is essentially a ‘birthright lottery’, that is, a way of legalizing privileges obtained by birth, it would be fair to compensate the resulting gap in opportunities available to children born in rich versus poor countries by a ‘birthright privilege levy’. This article (...) sets out a defence of three theses. The first states that equality of opportunity is incompatible with, and cannot be achieved in, segregated territories. The second posits that to believe that material equality compensates the injustice of restrictions on movement is to commit a ‘sedentarist mistake’. The third affirms that any citizenship levy, including the egalitarian and non-sedentarist formula I’m proposing, would be better understood as a penalty rather than a tax. (shrink)

Nursing migration: global treasure hunt or disaster‐in‐the‐making?International nurse migration — moving from one country to another in the search of employment — is the focus of this article. The majority of member states of the World Health Organization report a shortage, maldistribution and misutilisation of nurses. International recruitment has been seen as a solution. The negative effects of international migration on the ‘supplier’ countries may be recognised today but are not effectively addressed.Nurse migration is motivated by (...) the search for professional development, better quality of life and personal safety. Pay and learning opportunities continue to be the most frequently reported incentives for nurse migration, especially by nurses from less‐developed countries. Career opportunities were considered key incentives for nurses emigrating from high‐income countries. Language was reported to be a significant barrier. The positive global economic/social/professional development resulting from international migration needs to be weighed against a substantial ‘brain and skills drain’ experienced by supplier countries. The vulnerable status of migrant nurses is also of concern in certain cases. The focus on short‐term solutions as opposed to resolving the problem of a worldwide shortage of nurses causes great concern. Recent initiatives attempt to curb or channel international recruitment. The delicate balance between recognising the right of individual nurses to migrate and a collective concern for the health of a nation’s population must be achieved. (shrink)

Little work has been done to explore the moral foundations of the state’s right to territory.1 In modern times, the state has mostly been assumed to be a territorial unit, and no need was perceived to reflect on precisely what justifies its territorial jurisdiction. The state’s territoriality is related to another topic that has remained under-theorized: immigration. There is, moreover, an obvious relationship between these topics: the more powerful a state’s rights over its territory, the more powerful the right to (...) constrain access to that territory might become – or so, at any rate, we might suppose. Rights to territory and rights to immigration are usefully theorized together.2 Our starting point is a Lockean analysis of the moral foundations of territoriality offered by Simmons (2001). This is a natural starting point not only because Simmons is one of the very few contemporary writers who have taken up philosophical questions about territoriality in the first place, but also because Locke’s thought, as Simmons makes clear, actually allows for the development of a sophisticated account of territoriality. This makes Locke stand out simply because generally modern political.. (shrink)

In response to Albrecht et al.’s (J Agric Environ Ethics 26(4):827–845, 2013) discussion on the ethics of assisted migration, we emphasize the issues of risk and scientific uncertainty as an inextricable part of a comprehensive ethical evaluation. Insisting on a separation of risk and ethical considerations, although arguably common in many policy contexts, is at best misguided and at worst damaging.

Climate change intersecting with complex socio-economic and political processes has produced distinctive patterns of crisis migration. However there exists a significant gap in understanding and theorizing these forms of migration creating significant policy challenges. Using a case study of an interstate migrant settlement in Bengaluru, India this article unpacks migration as an adaptation strategy through the lens of emotions. The article offers significant insights into how emotions affect the choice of migration as an adaptation strategy and (...) shapes the differential experiences of risks and vulnerability for different groups of people. Emphasizing such relational aspects of migration, the article calls for more research that develops a nuanced understanding of the emotional landscapes of migrants across migration pathways. (shrink)

Doctors, nurses and midwifes from developing countries migrate to affluent countries in large numbers, often leaving behind severely understaffed healthcare systems. One way to limit this ‘brain drain’ is to restrict the freedom of movement of healthcare workers. Yet this seems to give rise to a conflict of human rights: on the one hand rights to freedom of movement, on the other hand rights to health. By motivating its own account of human rights, this paper argues that the conflict is (...) not as acute as it seems, since rights to freedom of movement are in fact more limited than often acknowledged. Weak restrictions of the freedom to leave and strong restrictions of the freedom to enter are in principle compatible with the rights of healthcare workers. Hence, policies that involve restrictions of both kinds can be justified in order to secure the human right to health. (shrink)

Editor's introduction to special issue of Essays in Philosophy: Migration and Mobility.

In Strangers in Our Midst, David Miller develops a ‘realist’ political philosophy of immigration, which takes as its point of departure ‘the world as it is’ and considers what legitimate immigration policies would look like ‘under these circumstances’. Here I focus on Miller’s self-described realist methodology. First, I ask whether Miller actually does start from the ‘world as it is’. I note that he orients his argument around a particular vision of national communities and that, in so doing, he deviates (...) from a description of ‘the real world’. In shifting between the descriptive and prescriptive without clearly acknowledging it, Miller undermines his claim to be outlining legitimate policies ‘under these circumstances’. I also question whether Miller’s picture of ‘the real world’ takes sufficient account of past injustice and its ongoing relationship to migration regimes. I maintain that there is a fundamental tension between Miller’s commitments to his brand of nationalism on the one hand, and his version of realism on the other hand. (shrink)

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)

Much mainstream political philosophy assumes that states have a broad right to decide who is granted entry and membership into their political community. On this conventional view, admission of migrants and refugees is understood as mostly a matter of general humanitarian duty or voluntary beneficence rather than as a specific obligation of justice. Through an analysis of climate-related migration from Central America's Dry Corridor to the United States, I argue that many such migrants may in fact be owed admission (...) as reparation for injustice, and that the character of this injustice raises broader challenges for the conventional view. (shrink)

The assumption that human socializing instincts are restricted to the community of birth and upbringing was long accepted without question. But today’s modern states have passed from the nation-building stage into that of multicultural belonging, and fluidity of membership allied to perpetual population shifts is the norm. This article traces changing patterns of global migration: first, territoriality plus rooted identity plus ‘gardening’; second, emigration to supposedly ‘empty’ lands; third, interlocked diasporas. How may we now live with and in the (...) right to difference? Identity formation is never fixed, never final, veering between the pole of freedom and that of security. It is an intertwining of continuity and discontinuity that may now hold society together. (shrink)

Calls to expand temporary work programmes come from two directions. First, as global justice advocates observe, every year thousands of poor migrants cross borders in search of better opportunities, often in the form of improved employment opportunities. As a result, international organizations now lobby in favour of expanding ‘guest-work’ opportunities, that is, opportunities for citizens of poorer countries to migrate temporarily to wealthier countries to fill labour shortages. Second, temporary work programmes permit domestic governments to respond to two internal, contradictory (...) political pressures: (1) to fill labour shortages and (2) to do so without increasing rates of permanent migration. Temporary work programmes permit governments to appear ‘tough’ on migration, while responding to employer pressure to locate workers willing to work in low-skilled, poorly remunerated positions. The coincidence of national self-interest and global justice generates a strong case in favour of expanding guest-work. We evaluate the moral benefits and burdens of expanding guest-work opportunities, and conclude that although there are benefits to be gleaned from the perspective of global wealth redistribution, at present, temporary work programmes are generally unjust. We will argue that just temporary work programmes, in time, permit temporary workers to attain citizenship. This spells the end of traditional temporary work programmes, which require that workers return to their home country in time; instead, what is temporary is the employment obligation that must be fulfilled as a requirement to access citizenship. As long as this requirement is met, we endorse guest-work programmes as a tool to respond to global inequality. (shrink)

The Trafficking Victims’ Protection Act of 2000 has been presented as an important tool in combatingthe exploitation and abuse of undocumented workers, especially those forced into prostitution. Through a close reading of the legislation and the debates surrounding its passage, this article argues that the law makes strategic use of anxieties over sexuality, gender, and immigration to further curtail migration. The law does so through the use of misleading statistics creating a moral panic around “sexual slavery,” through the creation (...) of a gendered distinction between “innocent victims” and “guilty migrants,” and through the demand that aid to victims be tied to their willingness to assist in the prosecution of traffickers. As a result, the legislation is less a departure from, than of a piece with, other recent antisex and antiimmigrant policies. (shrink)

Writing Migration through the Body builds a study of the body as a mutable site for negotiating and articulating the transnational experience of mobility. At its core stands a selection of recent migration stories in Italian, which are brought into dialogue with related material from cultural studies and the visual arts. Occupying no single disciplinary space, and drawing upon an elaborate theoretical framework ranging from phenomenology to anthropology, human geography and memory studies, this volume explores the ways in (...) which the skin itself operates as a border, and brings to the surface the processes by which a sense of place and self are described and communicated through the migrant body. Through investigating key concepts and practices of transnational embodied experience, the book develops the interpretative principle that the individual bodies which move in contemporary migration flows are the primary agents through which the transcultural passages of images, emotions, ideas, memories - and also histories and possible futures - are enacted. (shrink)

Climate change challenges the means of subsistence for many, particularly in the Global South. To respond to the challenges of climate change, countries increasingly resort to resettling those most affected by land erosion, heat, drought, floods, and the like. In this article, I investigate to what extent resettlement can compensate for the harm that climate-induced migration brings. The first harm I identify is that to individual autonomy. I argue that climate change changes the options of those affected by it (...) to the point that the decision to migrate can no longer count as a voluntary one. In some cases, I argue, the conditions of climate change coerce individuals. Second, I suggest that climate-induced migration severs the ties to territory, explaining the constitutive nature of such ties for accounts of individual autonomy. Third, I argue that severing ties with a traditional and historical territory challenges the capacity to imagine a future for individuals. I conclude that resettlement, even if actively planned and chosen, possibly providing gains in individual well-being and human flourishing, nevertheless harms individual autonomy interests. (shrink)

The aim of this study is to examine the relationship between migrating soccer players and the annual ranking of the national teams according to the World Football Elo Rating. The sample includes annual data for 243 countries over the period 1994-2018. Migration is captured with the number of migrating players by country in the ‘big-five’ leagues. The causal relationship between the two variables is examined by using Granger causality test. Four control variables are included: the political regime, per capita (...) income, population and regional soccer confederations. The results shed light on two crucial issues. First, causality mainly goes from national soccer performance to migrating soccer players rather than the other way around. Second, the timing of the two effects is quite different. While those players giving an outstanding performance when their national team is doing well are immediately bought by clubs from more highly ranked leagues (the shop-window effect), it takes at least four years for the additional skills acquired by migrated players to have a positive effect on the national soccer performance (the blending effect). (shrink)

Even though anthropogenic climate change is largely caused by industrialized nations, its burden is distributed unevenly with poor developing countries suffering the most. A common response to livelihood insecurities and destruction is migration. Using Peter Singer's ‘historical principle’, this paper argues that a morally just evaluation requires taking causality between climate change and migration under consideration. The historical principle is employed to emphasize shortcomings in commonly made philosophical arguments to oppose immigration. The article concludes that none of these (...) arguments is able to override the moral responsibility of industrialized countries to compensate for harms that their actions have caused. (shrink)

A proper understanding of the moral and political significance of migration requires a focus on global inequalities. More specifically, it requires a focus on those global inequalities that affect people’s ability to participate in the production of economic goods and non-economic goods. We call cooperative infrastructures the complex material and immaterial technologies that allow human beings to cooperate in order to generate human goods. By enabling migrants to access high-quality cooperative infrastructures, migration contributes to the diffusion of technical (...) and socio-political innovations. In this way, it positively affects the ability of individuals from poorer countries to participate in the production of human goods, to benefit from such production, and to contribute to human development. Migration can also damage the material and immateri al components of the cooperative infrastructures accessible in both the host and sending countries; these potential downsides of migration should not be ignored, although arguably they can often be neutralized, alleviated, or compensated. (shrink)

This book brings together philosophical, social-theoretical and empirically oriented contributions on the philosophical and socio-theoretical debate on migration and integration, using the instruments of recognition as a normative and social-scientific category. Furthermore, the theoretical and practical implications of recognition theory are reflected through the case of migration. Migration movements, refugees and the associated tensions are phenomena that have become the focus of scientific, political and public debate in recent years. Migrants, in particular refugees, face many injustices and (...) are especially vulnerable, but the right-wing political discourse presents them as threats to social order and stability. This book shows what a critical theory of recognition can contribute to the debate. The book is suitable for researchers in philosophy, social theory and migration research. "A profound examination of how states and societies struggle to recognize migrants as fellow human beings in all their fullness. The contributions are exceptional for combining astute philosophy and social theory with a discussion of actual politics and real lives." Dr. Hugo Slim “This impressive and timely volume offers an innovative way of understanding the issues of migration and integration by using a critical theory of recognition. Recognition theory has rich potential for effectively responding to the issues of autonomy, identity, integration, and empowerment that are at the core of the current public debates on mass migration, displacement, and the refugee crisis. By examining the normative and policy implications of recognition as they apply to migration, the book offers a pathbreaking look at the human dimension of the debate.” Dr. Helle Porsdam. (shrink)