How to respond to unauthorized migration and migrants is one of the most difficult questions in relation to migration theory and policy. In this commentary on Gillian Brock’s discussion of “irregular” migration, I do not attempt to give a fully satisfactory account of how to respond to unauthorized migration, but rather, using Brock’s discussion, try to highlight what I see as the most important difficulties in crafting an acceptable account, and raise some problems with (...) the approach that Brock takes. In thinking about unauthorized migration, both while trying to craft positive policies and while critiquing existing practices, we need to ask if we are most interested in a general account of how to respond to unauthorized migration, one that would apply to the large majority of cases and provide us a default approach, or if we are better served by taking a piecemeal approach, looking at why certain people or certain groups should be exempt from removal, even if they would otherwise be liable to it. In this paper, I will focus primarily on this distinction, and argue that it is at least important to provide an account of the "generic unauthorized". (shrink)

"In The Ethics of Migration: An Introduction Adam Hosein systematically and comprehensively examines the ethical issues surrounding the concept of immigration. The book addresses important questions such as: - Can states claim a right to control their borders and if so to what extent? - Is detention ever a justifiable means of border enforcement? - Which criteria may states use to determine who should be admitted into their territory and how do these criteria interact with existing hierarchies of race (...) and gender? - Who should be considered a refugee? - Which rights are migrants who are present in a territory entitled to? - Is there an acceptable way to design a temporary worker program? - When, if ever, are amnesties for unauthorized migrants appropriate? Featuring case studies throughout, this textbook provides a philosophical introduction to an incredibly topical issue studied by students within the fields of political philosophy, applied ethics, global studies, politics, law, sociology and public policy"--. (shrink)

Temporary labor migration programs have been among the most controversial topics in discussions of immigration reform. They have been opposed by many, perhaps most, academics writing on immigration, by immigration reform activists, and by organized labor. This opposition has not been without some good reasons, as many historical temporary labor migration programs have led to significant injustice and abuse. However, in this paper I argue that a well-crafted temporary labor migration program is both compatible with liberal principles (...) of justice and likely to be an important part of a sensible immigration policy for the near future, at least. I show how the many injustices and high potential for abuse of earlier programs may be avoided. I also show good reason to favor a well-crafted temporary labor migration program over either the more likely alternative outcome of officially tight borders (which would almost certainly maintain our current dependence on large-scale unauthorized immigration) and the much less likely option of nearly open borders. As increased labor migration of all sorts is an intrinsic part of increased economic globalization, it is especially important to craft guidelines for just temporary labor migration programs if we are to both gain the advantages of globalization and protect the rights of workers. (shrink)

Residence of unauthorized immigrants is a stable feature of the Global North’s liberal democracies. This article asks how liberal-democratic policymakers should respond to this phenomenon, assuming both that states have incontrovertible rights and interests to assert control over immigration and that unauthorized residence is nevertheless an entrenched fact. It argues that a set of liberal-democratic commitments gives policymakers strong reason to implement both so-called ‘firewall’ and ‘regularization’ policies, thereby protecting unauthorized immigrants’ basic needs and interests and officially (...) incorporating many of them in society. It then explains that the background imperative of immigration control creates a dilemmatic tension between these policies, as regularization is envisaged alongside the removal of the ineligible, which is in turn hindered by the implementation of firewalls. This creates a dilemma between the pursuit of two policy goals that are both underwritten by the same value commitments. Though it cannot be entirely dissolved, I argue that the best way to mitigate this dilemma is to design regularization policy in a way that leaves only a small number of unauthorized immigrants subject to removal. (shrink)

Can state sovereignty justify privileged receiving countries exercising authority over non‐members in a third country to safeguard their own interests? Under the current migration governance of the EU, state sovereignty is manifested in migrant interdiction, interception and detention policies employed to prevent unauthorized migrants from reaching the EU, and even from attempting to embark on cross‐Mediterranean journeys. While reinforcement of the Schengen region's external borders is a key aim of the EU's internal migration politics, collaboration with third (...) countries regarding migration control has, in the last decade, become a key feature of its external migration policy. In close collaboration with third countries, the EU has managed to curb the outflux of migrants from transit and sending countries. In effect, irregular migrants are prevented from exiting as well as from entering. This article explores the justifiability of such practices, by questioning commonly invoked models of justification such as the sovereignty “model”, with a special focus on partnership agreements regarding migration control between the EU and Libya. (shrink)

In Justice for People on the Move, Gillian Brock develops a promising, original account of migration justice. In her view, states have a robust (though conditional) right to self-determination, which includes a reasonably strong right to regulate migration. However, in order for these rights to be justified, three legitimacy requirements must be met. Most obviously, states must respect the human rights of their own citizens and the international state system itself must be legitimate. This latter condition also requires (...) states to do their part in sustaining a justified state system, which includes helping to alleviate “legitimacy gaps,” including significant human rights violations in other states. Brock uses this framework to address several pressing migration-related policy issues, including Muslim bans, the deportation of unauthorized migrants, temporary labor migration, and refugee protection. However, one topic is notably absent from her analysis: climate-related displacement. Some theorists insist that climate change migrants should not be considered refugees because they do not fit the standard definition of a refugee. In particular, climate migrants were displaced by droughts, floods, storms, or sea level rise rather than by war or persecution, and many are able to remain in their homes at present but will be forced to relocate at some point in the future. This paper explores the implications of Brock’s theory of migration justice for climate migration. I suggest that although her approach to refugee protection may initially appear to exclude climate migrants, her understanding of right to self-determination yields strong obligations to assist them. I take this to be a strength of her framework, which makes an important, albeit indirect, contribution to current debates on climate change migration. (shrink)

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

"Territorial Presence As A Ground For Claims: Some Reflections" returns to political theory to assess the moral and legal position of those individuals who are inside the territory of liberal democratic states, but whose very presence has been unauthorised by the state. The author asks the question as to what their bodily presence means and does from a political perspective. The paper is part of a broader political phenomenology of territoriality in liberal national thought and puts emphasis on the idea (...) that it is migrants’ bodily presence within the state’s territory that lies at the analytical heart of the conversation about irregular immigrants. What is paradoxical about territorial presence of unauthorised migrants is that such presence is simultaneously the source of the offence states invoke as a justification for making them ‘illegal’; the basis for protections the migrants may claim against the state for basic fair treatment while present; and the ground for claims they make to remain present – i.e., to stay in the territory. Territorial presence is thus a fertile ground for the analysis of arbitrary law-making in migration. The author sets out to analyse some recent legal developments pertaining to the governance of irregular non-citizen immigrants in the United States. These developments bear on the project of theorising "immigrant justice" as resistance to the growing illiberalization of migration policy. In her view, the very existence of a class of people designated as irregular migrants within state polities presupposes that such polities maintain formal exclusionary border regimes and that in such regimes, some persons are predesignated as ineligible for entry. And even though those exclusion rules do not function to fully preclude entry and presence of such persons, states do not treat their arrival as an automatic basis for full membership either. Hence, irregular immigrants are territorially present in a state that purports to eschew that presence. The author then explores how the idea of “sanctuary” relates to the kinds of claims that both liberal humanitarians and immigrant justice advocates have been making over the last few years. These are claims which ground protection in what exponents cite as the overriding ethical significance of immigrants’ territorial presence – their already-hereness – as the basis for recognition and rights. In particular, the author makes the case that even though "sanctuary" provides a logic of safe harbour, it fails to end the predicament of constitutive based in border exclusionism. For her, the political, social, but also philosophical, struggle for the idea of border abolitionism requires a figurative sword that must go beyond sanctuary so that borders are not just mitigated, but radically deconstructed and even destroyed. The author takes this to be the vital imperative that confronts all legal and political theorists who must engage the normative challenge of rethinking arbitrary law-making in view of the new inequalities that a global political order grounded on sovereign borders produces. (shrink)

This chapter argues that governments have a duty to take reasonably effective and humane steps to minimize the occurrence of unauthorized migration and stay. While the effects of unauthorized migration on a country’s citizens and institutions have been vigorously debated, the literature has largely ignored duties of fairness to would-be immigrants. It is argued here that failing to take reasonable steps to prevent unauthorized migration and stay is deeply unfair to would-be immigrants who are (...) not in a position to bypass visa regulations. Importantly, the argument here is orthogonal to the debate as to how much and what kinds of immigration ought to be allowed. (shrink)

The migration and settlement of 11 million unauthorized immigrants is among the leading political challenges facing the United States today. The majority of unauthorized immigrants in the U.S. have been here for more than five years, and are settling into American communities, working, forming families, and serving in the military, even though they may be detained and deported if they are discovered. An open question remains as to what to do about unauthorized immigrants who are already (...) living in the United States. On one hand it is important that the government sends a message that future violations of immigration law will not be tolerated. On the other sits a deeper ethical dilemma that is the focus of this book: what do the state and citizens owe to unauthorized immigrants who have served their adopted country? -/- Earned Citizenship argues that long-term unauthorized immigrant residents should be able to earn legalization and a pathway to citizenship through service in their adopted communities. Their service would act as restitution for immigration law violations. Military service in particular would merit naturalization in countries with a strong citizen-soldier tradition, including the United States. The book also considers the civic value of caregiving as a service to citizens and the country, contending that family immigration policies should be expanded to recognize the importance of caregiving duties for dependents. This argument is part of a broader project in political theory and public policy aimed at reconciling civic republicanism with a feminist ethic of care, and its emphasis on dependency work. As a whole, Earned Citizenship provides a non-humanitarian justification for legalizing unauthorized immigrants based on their contributions to citizens and institutions in their adopted nation. (shrink)

In recent years, scholars and researchers have discovered a new trend in the migration of unauthorized people into the United States: while the total numbers of unaccompanied migrant children crossing the border have grown exponentially in the past few years, human rights violations against migrant women have also increased significantly. This unfortunate trend is not unrelated to the intensifying border militarization and the criminalization of all unauthorized migrants. This paper attempts to provide an ethical solution to the (...) political conundrum of undocumented migration by engaging a critical discourse with major feminist theorists of justice, including Seyla Benhabib, Martha Nussbaum, Iris Marion Young, and Onora O'Neill. I develop an argument in the paper that the US government's political appropriation of forgiveness is the most justifiable and practical solution for resolving the precarious situation of undocumented migrant women and children. (shrink)

Before the passage of the US Immigration Act of 1924, governments of migrant-receiving countries decided whether to admit most prospective immigrants only after they arrived at the border; afterward, the United States and then later other migrant-receiving states required prospective migrants and visitors to apply for visas in their country of residence before coming—an institution that Zolberg has termed “remote control.” Previous scholars wrote about remote control in terms of how it increased the capacity of states to reduce immigration, protect (...) their societies from external threats, and maintain sovereignty, but did not analyze in detail how it did so. Here I analyze three ways through which remote control was a model for a more general revolution in migration control that simultaneously reduced interactions between inhabitants in migrant-receiving societies and those in migrant-sending societies, slowed down the historical reduction of inequality between migrant-sending and migrant-receiving societies, and reduced research and critical awareness within migrant-receiving societies about remote control’s structural impact on societies in general. First, this institution brought more order and precision to the process of individually evaluating prospective visitors. Second, it enabled states to select and define authorized migrants according to their migratory purpose and to force other migrants either to demonstrate enough stamina and strength to enter unauthorized or to die trying. Third, by moving the migrant selection process to migrant-sending societies remote control reduced contact between residents in migrant-receiving societies and prospective migrants in migrant-sending societies. In these three ways, remote control has more generally constrained migratory opportunities and global mobility of individuals between distinct societies. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, constraints on enforcement (...) by substate governments, and constraints on the actions of individuals. I show that there are significant limits on what states may do and what they may require substate governments and individuals to do, in enforcing their immigration laws, but that these constraints are not clearly incompatible with significant state discretion in setting immigration policy. Nonetheless, consideration of justice in enforcement is necessary for any complete normative account of immigration. (shrink)

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

Through a number of examples of environmental interventions, this paper makes the claim that the unauthorised nature of some interventions is an integral part of their aesthetic quality. This does not mean that all such interventions have these qualities - only that the regulation of what can be done where and by whom could endanger the production of a rich seam of aesthetic experience, such as edginess and whimsy, and the aesthetic engagement of artists and the general public with places.

This working paper combines Lukas Schmid’s article “Responding to unauthorized residence: on a dilemma between ‘firewalls’ and ‘regularisations’” with three critical responses as well as a rejoinder by the author. Schmid argues that a set of liberal-democratic commitments gives conscientious policymakers strong reason to implement both so-called ‘firewall’ and ‘regularisation’ policies, thereby protecting unauthorised immigrants’ basic needs and interests and officially incorporating many of them in society. He then explains that the background imperative of immigration control creates a dilemmatic (...) tension between these policies, as regularisation is envisaged alongside the removal of the ineligible, which is in turn hindered by the implementation of firewalls. This creates a dilemma between the pursuit of two policy goals that are both underwritten by the same value commitments. Schmid concludes that the best way to mitigate this dilemma is to design regularisation policy in a way that leaves only a small number of unauthorised immigrants subject to removal. Antje Ellermann’s response reflects critically on Schmid’s understanding of firewalls, arguing that there is good reason to think that the presence of firewalls does not hinder the implementation of removals of unauthorised immigrants who are ineligible for regularisation. She concludes that, contrary to Schmid’s argument, there is no true ethical dilemma between firewall and regularisation policy. Adam Omar Hosein’s contribution argues that the tensions Schmid discusses arise only because of his adoption of widely shared assumptions about the proper basis for regularisation policies. He suggests they can be avoided by adopting a superior justification for regularisations: the ‘autonomy argument.’ In the last response, Cecilia Menjívar reflects on some constraints conscientious policymakers may face when dealing with ethically dilemmatic choices, such as a policy landscape of government agencies with conflicting goals as well as foreign policy and international obligations, all of which are rooted in anti-immigrant backlash and racism around the globe. The working paper concludes with a rejoinder, in which Schmid discusses the contributors’ key points, outlines agreements and disagreements, and explores the bigger picture sketched by the working paper’s discussions. (shrink)

This paper critically reviews the judgment of the United States Court of Appeals for the Ninth Circuit In re: Jayson Reynoso: Frankfort Digital Services et al., v. Sara L. Kistler, United States Trustee et al. (2007) 447 F.3d 1117. The appellants, who were non-lawyers, were indicted with unauthorised practice of law for offering bankruptcy petition services via online legal software or expert systems in law configured for filing bankruptcy petition forms. The United States Court of Appeals for the Ninth Circuit (...) found inter alia that appellants were bankruptcy petition preparers, and not being lawyers, had exceeded their clerical remit by offering legal advice and legal services in contravention of California law regulating legal practice and 11 U.S.C. Sect. 110 of the Bankruptcy Code (2002). While examining the legal ramifications of the use of legal software by non-lawyers in the preparation of legal documents, the paper critically reviews the factual circumstances of the Reynoso decision in the context of juridical and statutory constructs of unauthorised practice of law in the United States. The paper poses the question whether Reynoso should be viewed as a one-off decision bound by its peculiar facts, or good law for the broad proposition that non-lawyers cannot use legal software in legal documents preparation. The paper also notes the possible legal barriers to an unconditional ban on the design, sale, distribution, and uses of legal software by non-lawyers. These range from the First Amendment right to free speech, constitutional right to pro se legal representation, interstate commerce doctrine, to antitrust provisions of the Sherman Act. A regime of best practices for the use of legal software or expert systems in law by non-lawyers is proffered. (shrink)

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as (...) the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. The book includes contributions from leading feminist philosophers, medical professionals, and academics in medicine and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law. (shrink)

Academic file-sharing services encourage students to upload materials, sometimes their own study notes for example, but can also include copyrighted university documents, in exchange for access to downloading resources from a common repository. In this process, the lines between legitimate study help and academic misconduct are unclear. Integrity-based strategies to combat these transactions have been limited. Removal by copyright mechanisms has been identified as a potential approach but has been hampered by the enormity of the task and the resource intensity (...) required to make an impact at scale. This explorative study at a large Australian university sought to remove a percentage of copyrighted material from two commonly used academic file-sharing websites and to understand the experience of users in uploading files. Findings from the study were encouraging and informative, resulting in a suite of initiatives being introduced across the institution to prevent uploading in the first instance as well as, where possible, addressing misconduct when it occurred. Limitations included that the study was only undertaken as one university and therefore does not represent the contexts of different institutions. Further, it only investigated two websites out of many available. Future research could explore the use of artificial intelligence (AI) by academic file-sharing services to retain existing users and attract new ones. This work provides a clearer picture of how an institution’s copyrighted material is hosted on two academic file-sharing websites and offers an effective and potentially scalable copyright approach that could be adapted by other higher education institutions. (shrink)

Along some trails in the Adirondack Mountains are stone cairns created by hikers who, as they walk by, add a stone to the pile. In some places the stones are artfully placed and in others they seem...

In lieu of an abstract, here is a brief excerpt of the content:“Unauthorized Propositions”The Federalist Papers and Constituent PowerJason Frank (bio)The PEOPLE, who are the sovereigns of the State, possess a power to alter it when and in what way they please. To say otherwise is to make the thing created, greater than the power that created it.—Anonymous, Federal Gazette, March 18, 1789The we of the Constitution’s “We the People” was as much of an artificial construct as the Constitution (...) itself, it was its creature, not its creator.—Sheldon Wolin, The Presence of the PastIn Federalist No. 40, James Madison engaged the vexing question of whether the Philadelphia Convention of 1787 had been properly authorized “to frame and propose” the new Federal Constitution of the United States [83]. Madison explored there “the ground on which the Convention stood” [264], which he identified as the purportedly solid foundation of the people themselves [Morgan 272]. Federalist No. 40 offers a theoretically probing yet avowedly practical reflection on the availability of foundations and on dilemmas of popular authorization in times of constitutional crisis; it may be productively read as an exemplary eighteenth-century American reflection on a state of exception. As such, Federalist No. 40 provides helpful orientation to how the popular constitutionalism of the revolutionary and postrevolutionary years confronted and navigated—if never fully resolved—some of the most insistent paradoxes of modern democratic theory.In No. 40, Madison was preoccupied with the theoretical and historical dilemmas surrounding the eighteenth-century American conception of the people’s constituent power—that is, the ultimate power of the people to alter fundamental law “when and in what way they please.”1 However, in contrast to most contemporary theoretical approaches to constituent power—whether influenced by the political theology of Carl Schmitt or the immanentist optimism of Michael Hardt and Antonio Negri—Madison’s navigation of the attending dilemmas of popular authorization resisted the turn to metaphysical abstraction and the appeal to a transcendent or immanent absolute. In his approach to the problem of constituent power, Madison insisted on the productive irreducibility of institutional mediation and the performative elicitation of a retrospective authorization by the people. While accepting the absence of a firm ground of legal authorization (the unbroken authority of law), Madison also rejected a wholly extralegal or unmediated appeal to the people themselves (the transcendental appeal to spirit beyond the letter of the law). Instead, he endorsed a political navigation of these dilemmas in medias res. Confronting [End Page 103] the dilemma of constituency—how does the people give birth to itself as a self-authorizing subject?—Madison shifted the register of discourse away from the formal and juridical and toward the informally ethicopolitical. Doing so, he was able to affirm a rupture in law while simultaneously enlisting another register of normative continuity. This essay outlines Madison’s productive encounter with these dilemmas in The Federalist, and suggests the relevance of his example for recent debates in democratic theory, too often captivated by the formal rubrics of “norm” and “exception.”1The government which [the Federalists] are so enthusiastically fond of is as yet an ideal phantom, a chimera, a mere theory detested and execrated by every true friend to government.—“One of the People,” Carlisle Gazette, January 9, 1788Madison wrote Federalist No. 40 as a response to widespread and persuasive Anti-Federalist claims that the Philadelphia Convention had exceeded the mandate granted to it by the Annapolis Convention of 1786 and the Congressional Act of 1787, both of which authorized the meeting of the Philadelphia Convention “for the sole and express purpose of revising the Articles of Confederation” [259]. While the Philadelphia Convention was, in Bruce Ackerman’s words, “expressly subordinated to existing institutions and procedures” [Ackerman 43], it had nonetheless produced an entirely new constitutional text and—theoretically more problematic for Madison—an entirely new procedure for its popular ratification [see also Ackerman and Katyal]. Under Article 13 of the Articles of Confederation, constitutional reform could come about only through the unanimous assent of the thirteen state legislatures.2 Under the Philadelphia Convention’s plan, the ratification of the proposed constitution would bypass the constituted power of the state legislatures and appeal instead to the... (shrink)

This article describes the unauthorized uses of a coauthored work and a copyrighted U.S. dissertation by European scientists. The case involves alleged infringements of copyright and plagiarism in 6 works that were published up to 19 years after completion of the dissertation and up to 11 years after publication of the coauthored work. Relevant copyright laws, international copyright agreements, and professional psychology ethics and definitions of scientific misconduct are presented. Graduate students and professionals are advised to protect themselves from (...) copyright infringement and recognize that the responsibility for detecting and correcting misappropriated work usually lies with them, not journal editors. (shrink)

In this paper I present two reasons why generalized skill-selection--a policy whereby skill, education, and economic independence are indefinitely prioritized in immigration decisions--is pro tanto unjust. First, such policies feed into existing biases, exacerbating status harms for low-SES citizens. The claim that we prefer the skilled to the unskilled, the educated to the uneducated, and the financially secure to the insecure is also heard by citizens. And there is considerable overlap between this message and the stereotypes and biases that set (...) their social status. Skill-selection can reinforce these biases, offering state support for the claim that they are less desirable as members of the society. -/- Second, the need for skilled immigrants ordinarily depends upon and reinforces failures of fair equality of opportunity (FEO). According to the dependency thesis, the need for skilled migrants stems from a failure to ensure domestic FEO. Many low-SES residents would desire to work, for example, as doctors or nurses. However, unequal education, as well as poverty and debt, have made such opportunities largely inaccessible. According to the reinforcement thesis, skill-selection disincentivizes the pursuit of FEO. A state that can meet domestic labor needs through less costly immigration policies will be disinclined to pursue programs designed to equalize opportunities for low-SES residents. -/- Generalized skill-selection in high-income countries like the US is, therefore, pro tanto unjust. However, this is not an argument for excluding the skilled. Skilled immigrants can be admitted through other policies—open borders, family-reunification, or a lottery—without the state signaling that the skilled are more desirable or perpetuating failures of FEO. And states can, responding to local emergencies, temporarily select for particular professions without contributing to these injustices. These concerns only arise when skill is generally and indefinitely prioritized. (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)

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)

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)

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)

This article argues that, far from being a merely defensive act of individual protest, civil disobedience is a much more radical political practice. It is transformative in that it aims at the politicization of questions that are excluded from the political domain and at reconfiguring public space and existing institutions, often in comprehensive ways. Focusing on the reconstitution of the political community also allows us to reconceptualize constituent power. Rather than portraying it as a quasi-mythical force erupting only in extraordinary (...) moments, constituent power can be conceptualized as a dynamic situated within established orders, transgressing their logic and reconfiguring them from within. Civil disobedience as a transformative and potentially comprehensive practice aimed at reconstituting the political order can then be seen as an internal driving force keeping this dialectic in play. A concrete example can be found in protests and border struggles by irregularized migrants. They show how unexp... (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)

The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no morally (...) significant differences between UPEs and other instances of digital penetration, UPEs are sexual assault. So, insofar as one is against sexual assault, one should be against UPEs. (shrink)

This special issue consists of four articles, contributed by David Owen; Désirée Lim, Sahar Akhtar and (as co-authors) Mollie Gerver, Miranda Simon, Patrick Lown and Dominik Duell. These contributions address issues related to migration policies with the aim of bringing normative theories of migration and discrimination into dialogue. These theories describe the various types of discrimination inherent in the domestic and global migration systems, as well as assess arguments, pro et contra, about whether these forms of discrimination (...) are permissible. (shrink)

La migration familiale forcée est un parcours émaillé de moments d’attente plus ou moins longs. Dans cette attente, il arrive que le corps engage un travail de somatisation permettant au sujet migrant de passer de la survie à la reprise en main progressive de sa subjectivité. À partir du suivi d’une jeune femme ayant été contrainte de migrer de l’Afrique du Nord à la France dans un contexte de violence politique et présentant des manifestations somatiques, la réflexion porte sur (...) la manière dont le corps vient signifier cette exigence de travail et sur la manière dont les premiers affects bruts permettent d’entendre la mise en mouvement des processus de pré-élaboration de la souffrance psychique et du trauma. (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)