This chapter introduces and discusses the concepts that are in-depth articulated in the volume. International migration is presented here as a test bench where the normative limits of institutional order, its contradictions and internal tensions are examined. Migrations allows to call into question classical political categories and models. Pointing at walls and fences as tools that reproduce enormous inequalities within the globalized neo-liberal system, this chapter presents the conceptual tensions and contradictions between migration policies and global justice. We (...) challenge the conceptualization of justice as a relationship between citizens of the same country and the State and argue that, in our globalized world, nation-state cannot constitute the basic unit of the theories of justice. We argue that an integral approach that includes the complex and interconnected forms of structural inequalities and transcends the borders of national sovereign states is required. Avoiding the methodological nationalism and the exclusionary biases that inform current migration and border control policies, this chapter finally places attention on the most marginalized subjects of the migration chain: migrant women workers. We point out the importance of addressing transnational structural inequalities and bringing social reproduction to the center of global justice theories. (shrink)

I revisit themes from Against Borders: Why the World Needs Free Movement of People (2020) in dialogue with Gillian Brock's Justice of People on the Move (2020) and Sarah Song's Immigration and Democracy (2019). We share the conviction that current border regimes are deeply unjust but differ in what migration justice requires. Brock and Song continue to give states significant discretion to exclude people from entering and settling in their territories, whereas I contend that migration justice demands (...) open borders. I reject the claim that state self-determination justifies migration restrictions. Central arguments for open borders highlight the role that restrictive border controls and the state category of ‘immigrant’ play in upholding racialised hierarchies and exploitative economic relations, as well as in inflicting violence against mobile people. (shrink)

The volume gathers theoretical contributions on human rights and global justice in the context of international migration. It addresses the need to reconsider human rights and the theories of justice in connection with the transformation of the social frames of reference that international migrations foster. The main goal of this collective volume is to analyze and propose principles of justice that serve to address two main challenges connected to international migrations that are analytically differentiable although inextricably linked in normative (...) terms: to better distribute the finite resources of the planet among all its inhabitants; and to ensure the recognition of human rights in current migration policies. Due to the very nature of the debate on global justice and the implementation of human rights and migration policies, this interdisciplinary volume aims at transcending the academic sphere and appeals to a large public through argumentative reflections. Challenging the Borders of Justice in the Age of Migrations represents a fresh and timely contribution. -/- IN A TIME when national interests are structurally overvalued and borders increasingly strengthened, it’s a breath of fresh air to read a book in which migration flows are not changed into a threat. We simply cannot understand the world around us through the lens of the ‘migration crisis’-a message the authors of this book have perfectly understood. Aimed at a strong link between theories of global justice and policies of border control, this timely book combines the normative and empirical to deeply question the way our territorial boundaries are justified. Professor Ronald Tinnevelt, Radboud University Nijmegen, The Netherlands.- -/- THIS BOOK IS essential reading for those frustrated by the limitations of the dominant ways of thinking about global justice especially in relation to migration. By bringing together discussions of global justice, cosmopolitan political theory and migration, this collection of essays has the potential to transform the way in which we think and debate the critical issues of membership and movement. Together they present a critical interdisciplinary approach to international migration, human rights and global justice, challenging disciplinary borders as well as political ones. Professor Phil Cole, University of the West of England, UK.-. (shrink)

Representations of critical geography and border studies have developed concepts and methodologies for exploring the multifaceted and contradictory image of contemporary borders. Artists, scholars and social activists show increased interest in the narrative and visual documenting of border’s closures. The border’s visuality becomes a supporting argument for dissent and protest, giving the ‘visual evidence’ of the extremely quick border’s re-territoriality. As a result, important events allow one ‘to extracts sameness even from what is unique’ (W. Benjamin). The mass (...) class='Hi'>migration and the pandemic return us to the reality of the human world with their non-freedom and illness. In the migration case, Europe has dealt with an ‘alien body’, and in the pandemic, with an ‘infected or sick body’. The relationship between the image and the viewer is an important starting point in the representation of mass migration and pandemic. Mitchell’s metaphor of ‘live images’ help us better understand the sense and reasons of new biological and politic events. Nowadays, the development, materialisation, and embodiment of European borders are the stable visual symbol of our existence. (shrink)

Irrespective of length of stay or voluntariness, (im)migration is the movement of individuals across borders. From national identity to labor markets, (im)migration affects various dimensions and spheres of social life. Currently, 3.6% of the global population are international (im)migrants, underscoring its profound significance in contemporary debates on humanitarianism, ethical governance, socioeconomic realities and sustainability. The analysis of (im)migration as a business is relevant since it raises important questions about precarious conditions and situations including marginalization, exploitation, and (...) vulnerability in which (im)migrants often find themselves, and about the much-needed policy and management and organizational practice responses needed to address them. This Special Issue aims to bring (im)migration to the attention of business and management researchers interested in ethics. The intention behind it is to enhance the current understanding of (im)migration in order to develop comprehensive policies, foster inclusive societal and organizational frameworks, and focus on the ethical issues raised by (im)migration for organizations and management, as well as the complex realities faced by (im)migrants all over the world. Moreover, we aim to call for new research perspectives and streams that would address the novel challenges that (im)migrants encounter as a result of technological advancements, climate (in)justice, the ‘dark side’ of the business of international (im)migration, and new—or the lack thereof—migration policies. (shrink)

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)

[EN] In this article we argue for a world in which open borders are the rule and not the exception. This argument is based on the general recognition of ius migrandi as a basic right of persons. An open-border immigration policy is preferable—at least from a normative standpoint—to the typical policies designed to control or block borders through the simplistic mode of constructing walls. On the basis of a global conception of distributive justice as suggested by cosmopolitan egalitarians, (...) we claim that open-door policies—or, failing in that, the implementation of a system of economic compensation for poor countries—provide powerful means to respond to the enormous inequalities that exist between countries and represent an appropriate way to order current migratory flows. [ES] En este artículo se arguye a favor de un mundo en donde las fronteras abiertas sean la regla y no la excepción. Para ello, se presentan dos tipos de argumentos. El primero se basa en el reconocimiento general del ius migrandi como un derecho fundamental de las personas. Además de un modo idóneo de ordenar los actuales flujos migratorios, una política migratoria de fronteras abiertas es preferible, al menos desde un punto de vista normativo, a las habituales políticas diseñadas para controlar o bloquear las fronteras mediante la construcción de muros. El segundo se asienta sobre una concepción global de la justicia distributiva desarrollada por los igualitaristas cosmopolitas, se sostiene que una política de puertas abiertas –o, en su defecto, un modelo de compensación económica– constituiría un modo de responder a las enormes desigualdades existentes entre los países. (shrink)

Most critical discussions of European immigration policies are centered around the concept of Fortress Europe and understand the concept of the border as a way of sealing off unwanted immigration movements. However, ethnographic studies such as our own multi-sited field research in South-east Europe clearly show that borders are daily being crossed by migrants. These findings point to the shortcomings of the Fortress metaphor. By bringing to the fore the agency of migrants in the conceptualization of borders, we (...) propose to understand how borders are being shaped by taking as a starting point the struggles of mobility. Against the background of our two-year transdisciplinary research project TRANSIT MIGRATION European migration and border policies cannot be longer conceptualized as being simply oriented towards the prevention of migration. Since migrants cross the borders daily, what happens if the borders’ permeability is part of the way they work? If so, we have to investigate the mechanisms of border policies and practices anew. One is the concept of the border or migration regime. The other is the concept of the autonomy of migration. Our concept of ethnographic regime analyses is based on a transdisciplinary approach, comprising political studies, anthropology and sociology. (shrink)

This paper seeks to address the problem of strangeness within the context of migration in Africa. I draw on historical realities that inform existing international and African discourses on migration. I hope to show that most African countries have unconsciously bought into international arguments that drive the legitimacy of building walls, visible and invisible, and the promotion of stringent migration policies that minimise the influx of African immigrants. I draw on political and philosophical positions of African thinkers (...) like Kwame Nkrumah, among others, in my theorisation of strangeness and the need to dispel the potential negative conception of strangeness within Africa’s migration policies. I juxtapose these positions with Western political theories with the hope of emphasizing African humanism as a key conception worth considering when decolonising borders. (shrink)

The fluid use of the terminology associated with “migration governance” can obscure its intention and implications. Different meanings of core terminology risks allowing troubling policies that are not really about migration, understood widely as border crossing, or even more broadly as human movement, to be legitimized. UN-level coordination with regard to “migration governance” needs to be part of addressing this concern. For example, this article advocates explicitly engaging with this risk through the implementation of the Global Compact (...) for Safe, Orderly and Regular Migration. It considers this issue from the perspectives of a handful of countries, each of which has its own complex relationship to the compact. It argues that in each of these apparently very different contexts, policies identified as being directed at “migration control” can be found to be directed not at controlling migration but at reconfiguring existing and stable state societies along ethnic, racial, linguistic, and other lines. The development of implementation plans for the Global Compact for Migration provides the opportunity to interrogate the purposes of “migration governance” and to find mechanisms to address its hidden uses. (shrink)

Two important recent books on migration and justice argue for different approaches to how we should view borders. Alex Sager defends open borders, while Sarah Song argues for the rights of democratic communities to find their own balance between open and closed borders. While both authors present significant considerations in defence of their views, in this article I argue that a human-rights-oriented account of migration justice captures their strengths well while not sharing the weaknesses I (...) identify with each. In addition, the approach I favour offers some progressive pathways for holding each other to account in reducing migration injustice in our actual world, in ways that are both feasible and normatively compelling. (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)

Every year, thousands of refugees and other migrants die trying to cross borders. The dangers are many. Migrants die from exhaustion crossing deserts, freeze to death on mountain passes, drown at sea. One way states can save lives is by undertaking search and rescue missions. This chapter asks whether receiving states have any special duty to do so. The idea of a “special duty” here can be brought out with the following question: do receiving states owe a duty to (...) rescue migrants at borders that they do not owe all people in need? In answering this question, the chapter starts with an important yet easily overly looked point: crossing borders is not inherently dangerous. Migrants die crossing borders because receiving states restrict migration. This fact, in itself, does not mean that receiving states have a special duty to rescue, but it does mean they cannot claim that border deaths are nothing to do with them. The question we need to ask is whether receiving states bear moral responsibility for border deaths rather than merely causal responsibility. The chapter goes in search of, and finds, arguments for why receiving states are morally responsible. States cannot treat border deaths like any other misfortune without changing their immigration policies. (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)

In this paper, we examine how bordered reality is being imposed and resisted in the context of where we are placed right now, 'Greece'. Drawing on ethnographic research and discourse analysis, conducted in Lesvos, Samos, and Athens (from March to September 2016), we examine how resistance to a bordered reality took place, as islands in the north Aegean, as well as Greek and European territories, were being remapped according to the logic of the hotspot. We approach this process methodologically from (...) the situated angle of the embodiment of resistance in the concrete experiences of people (including the researchers ourselves), whose narratives reveal the distracted spatial coordinates of the 'hotspot regime', which becomes a traveling control device. Rather than approaching the hotspots on the five Greek border islands as geographically fixed entities we introduce the concept of the mobile hotspot to show how the logic of the hotspot suffuses the uneven geographies of a bordered reality. We use the ferry as an illustrative tool with which to critically explore the density, tensions, and conflict-ridden nature of movements within, around, and against the hotspots. (shrink)

The movement of people across borders is one of the most pressing issues of our time. Yet it is still unclear how migration should be regulated to be fair to the sending societies, the host societies and the individual migrant. What is at issue? Are we discussing migration from an ethical or from a political philosophical perspective, or both? Are we discussing migration from a global justice perspective or social justice perspective? Do we consider political legitimacy (...) and democratic self-determination as part of our analysis? How should we balance demands of justice in immigration compared to those of emigration? (shrink)

This paper considers the philosophical foundations of the law relating to migration. It examines the kinds of reasons that might justify the restriction of liberty as people move about on the face of the earth—something humans have done since time immemorial. The paper also examines the various interests that might be at stake in moral calculations regarding migration: economic interests, cultural interests, religious interests, or just sheer preferences. Drawing on the work of Locke, Kant, and Sidgwick, it considers (...) conceptions like common ownership of the earth, the right of hospitality, and the difference between defending property and restricting access to economic interaction. The paper also considers the ambiguity of the commonly heard slogan that states by definition have a right to control their borders. (shrink)

According to the special-obligations challenge to the justice argument for more open borders, immigration restrictions to wealthier polities are justified because of special obligations owed to disadvantaged compatriots. I interrogate this challenge by considering three types of ground for special obligations amongst compatriots. First, the social relations that come with shared residence, such as participation in a territorially bounded, mutually beneficial scheme of cooperation; having fundamental interests especially vulnerable to the state’s exercise of power; being subject to coercion by (...) the state; and having pervasive and roughly equal stakes in a political society. Second, the civic relations of shared citizenship, such as participation in a common political enterprise. And third, the political relation of joint responsibility for the exercise of political power. In light of this analysis, I argue that whatever special obligations are owed by citizens (or residents) of wealthier polities to their domestic poor, they do not justify restrictions on immigration by the global poor. (shrink)

This paper argues that recent debates on egalitarian objections to immigration restrictions overlook a crucial, powerful normative principle that underpins objections to inequalities: any inequalities between morally equal persons – whether in goods, resources, welfare but also in powers, statuses, rights, and freedoms – that arise from morally arbitrary factors are pro tanto unjust. This principle of moral arbitrariness is fundamental to both luck and relational egalitarianism yet is often missing from debates that apply such theories to migration ethics. (...) The result of this omission is that certain arguments that purportedly reject luck egalitarian cases for open borders in fact fail since they fail to recognise the normative force of the principle of moral arbitrariness; yet, simultaneously, relational egalitarian cases for open borders are not fully successful since they fail to recognise that the principle of moral arbitrariness is required to distinguish immigration restrictions as unjust where other (relational) inequalities may not be. Hence, the overall argument of this paper is that the recognition of the principle of moral arbitrariness is essential for the success of both the luck and relational egalitarian cases, and thus a proper recognition of the full normative force and implications of this principle entails the egalitarian case for open borders indeed succeeds. (shrink)

This article presents the case against immigration controls. Nation states, which are giving up controls on the movement of goods and capital, nevertheless still try to control the movement of people. Like controls under apartheid, immigration controls will eventually become untenable. They are also a relatively recent phenomenon. The actions of the governments of the rich countries, their international agencies and corporations increase both the opportunities and the need for migration. Together with arms sales and support for right-wing repressive (...) regimes, they bear much responsibility for the wars and persecution from which people are forced to flee. The strongest reason for abolishing immigration controls is the increasingly harsh suffering they impose on refugees and migrants, largely to deter others. In the process, they undermine many human rights, including potentially those of existing residents. (shrink)

This article is based on narrative, autobiographic interviews with domestic workers in Peru focusing on their migration and work experiences. The interviewees evoke a border discourse that divides and hierarchizes Peruvian society and stigmatizes migrants, especially migrant domestic workers. As domestic service leads to intense social interactions at this ‘border’, the interviewees are constantly forced to ‘translate’ when constructing their identity. The discourse-analytical bottom—up perspective focusing on membership categorization devices evaluates the performativity of the discourses of those considered as (...) ‘oppressed’; it analyses processes of subjection and subjectification: whereas some of the interviewees internalize the discursively attributed inferior ‘Me’, others use the constructed borders as an opportunity to develop hybrid discourse strategies that cross and even deconstruct social categorizations. By focusing on the agency of ‘border-crossers’, the article aims at scientifically ‘rethinking the social with cultural difference as a constitutive feature’. (shrink)

The article considers what arbitrary law-making is and what may count as arbitrary law-making in the field of migration policy. It contributes to the discussion of arbitrary law-making in relation to migration policy in two ways. First, it offers an analysis of arbitrariness, pointing out that rhetorical definitions abound – perhaps not surprisingly, given that migration is a highly-contested policy area – and argues for why transposing a conception developed in ethical theory to the law has high (...) theoretical costs. An alternative conception is described and found to be better equipped to deal with arbitrary law-making in migration policy. It is argued that if we want to understand how arbitrariness plays out in the field of migration law – which is necessary to find ways to hinder its spread by the adoption of specific law-making practices – we first need to distinguish arbitrariness from legitimate choices of legislators. Secondly, a typology of forms of arbitrariness is fleshed out in relation to contemporary migration policy. The policy area is here broadly construed to include not only naturalisation processes, but also migration, asylum and refugee policies and more generally border control. The examples are taken from a broad selection of countries. They have been chosen for illustrative purposes only. Keywords: arbitrariness, discretion, arbitrary power, forms of arbitrary power, borders, migration policy, citizenship policy. (shrink)

The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country's territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct untethered in space. This transformation (...) upsets our assumptions about waning sovereignty, while also revealing the limits of the populist push toward border-fortification. At the same time, it presents a tremendous opportunity to rethink states' responsibilities to migrants. This book proposes a new, functional approach to human mobility and access to membership in a world where borders, like people, have the capacity to move. (shrink)

One of the main questions Gillian Brock takes up in Justice for People on the Move (2020) is whether it is morally permissible for states to enact migration policies that discriminate on the basis of religion against those who wish to enter. The main focus of her discussion is on the United States context, and, in particular, the so-called ‘Muslim Ban’ enacted by President Donald Trump in 2017. While Brock offers a powerful critique of this policy, I argue that (...) it is insufficient on its own to support her claim that migration policies that discriminate on the basis of religion in general undermine the legitimacy of the states that enact them. I argue that this claim can be supported within her framework by showing that such policies necessarily display disregard for the human rights of existing members of the discriminating state. I conclude with some reflections on the strength of this account of the moral impermissibility of religious discrimination at the border. (shrink)

There are at least five important arguments for why liberal egalitarianism permits states, under today's circumstances, to close their borders to foreigners: the public order, domestic economy, social integration, political threat, and domestic welfare arguments. Critical examination of these arguments suggests that liberal egalitarianism, rather than supporting a right to close one's borders to foreigners, mandates borders considerably more open than is the practice of today's self-styled liberal states.

The main purpose of this study is to understand how the ‘laws’ of the cross-cultural model apply to cross-religions/interreligious communications with populations from different cultures amid migration. The aim is to identify the steps in which the cross-culture model generally works and if they apply the same way to the religious realm or not. Being able to navigate through different cultural nuances is a key-skill for us all nowadays, amid globalization, migration, and across borders exchange, while religious/spiritual (...) aids can be a beneficial factor in such a ‘new’ environment. (shrink)

Many discussions of the moral dimensions of borders emphasize how those borders foster and sustain a national community. In this paper, I discuss three distinct sorts of goods that might be best preserved in the presence of state borders. The first of these is decolonization; I argue that undermining colonial structures might require political institutions with the right to refuse unwanted outsiders. The second of these is social solidarity; we might find that the inability to exclude outsiders (...) could reduce the willingness of insiders to voluntarily comply with political institutions. The final of these is risk and insurance; the border sustains the ability of a political society to internalize the costs and benefits of political decisions about social welfare. All three of these, I suggest, are important additions to our collective discussions about migration, since none of these goods depend upon our attaching any ethical value to nationality itself. (shrink)

In this essay, I argue that even when they appear to help, restrictions on migration are usually only an impediment, not an aid, to cosmopolitan justice. Even though some egalitarian cosmopolitans are well intentioned in their support of migration restrictions, I argue that migration restrictions are (i) not truly cosmopolitan and (ii) will not have the kinds of consequences they expect. My argument in defense of this claim begins, in section 1, by outlining a defense of (...) class='Hi'>migration restrictions based on egalitarian cosmopolitan grounds. Then in sections two and three, I reply to the harms this position associates with open borders and provide some reasons as to why restrictions on migration are incompatible with cosmopolitan justice. (shrink)

This work offers a timely philosophical analysis of interrelated normative questions concerning immigration and citizenship in relation to the global context of multiple nation states. In it, philosophers and scholars from the social sciences address both fundamental questions in moral and political philosophy as well as specific issues concerning policy. Topics covered in this volume include: the concept and the role of citizenship, the equal rights and representation of citizens, general moral frameworks for addressing immigration issues, the duty to obey (...) immigration law, the use of ethnic, cultural, or linguistic criteria for selective immigration, domestic violence as grounds for political asylum, and our duty to refugees in general. The urgency of the need to discuss these matters is clear. Several humanitarian crises involving human migration across national boundaries stemming from war, economic devastations, gang violence, and violence in ethnic or religious conflicts have unfolded. Political debates concerning immigration and immigrant communities are continuing in many countries, especially during election years. While there have always been migrating human beings, they raise distinctive issues in the modern era because of the political context under which the migrations take place, namely, that of a system of sovereign nation states with rights to control their borders and determine their memberships. This collection provides readers the opportunity to parse these complex issues with the help of diverse philosophical, moral, and political perspectives. (shrink)

This symposium brings into conversation normative political theory on migration and critical border/migration studies, with a particular focus on digital border control technology. Normative theorists have long been concerned with questions about the extent and nature of control over migration that the state should exercise, and the balance of rights and duties between states and migrants. To date, however, there has been little reflection among such theorists on digital border control technology. Critical border/migration studies scholars, on (...) the other hand, have paid considerable attention to the rapid development of digital technology in the border control/mobility management space, and revealed a range of problems with the technology itself and the ways it is deployed. What has thus far been lacking, however, is sustained ethical reflection on what should be done about the use of this technology. The papers in this symposium thus seek to bring these two groups of scholars together and to prompt what we hope will be a sustained conversation on these rapidly evolving and deeply problematic practices. This introduction contextualises the issue at the heart of this symposium – the rapid expansion of digital border controls and the ethical challenges that these pose – and offers brief summaries of the contributions. (shrink)

We argue that philosophers are competent to facilitate public discussion concerning restrictions on human migration across political borders. We also argue that presenting public audiences with a prima facie case for open borders offers a unique opportunity to elucidate important aspects of philosophical reasoning. Finally, we share resources and a lesson plan for those keen to examine the case for open borders with students, or to facilitate public discussion on these issues.

Current admission criteria for migrants in Western states tend to favor the well-to-do, able-bodied, and well-qualified. This leads to migration patterns that exacerbate global inequalities. In this article, I will consider how economic migration affects global inequality of opportunity, and how we might alter admission criteria in order to mitigate negative effects. I will proceed by discussing cosmopolitan and nationalist positions to open borders and economic migration. In particular, I will address David Miller’s objections to using (...) open borders to remedy global inequality of opportunity. The argument I present agrees with the benefits of a conception of justice that allows for degrees of partiality and a state’s right to control their borders. However, I argue that Western states’ roles in perpetuating global inequality of opportunity leads to moral demands, which can in part be met by fair economic migration. Furthermore, I will consider what fairer economic migration might consist in. The model I propose would rank migrants based on their level of disadvantage, how little their emigration would affect the country they are emigrating from, and how great it might improve the opportunities in the country they are moving to. (shrink)

In this essay I explore how travel and border-crossing for abortion care constitutes a challenge to methodological nationalism, which serves to obscure such experiences from view. Drawing up field research conducted at two abortion clinics in Albuquerque, New Mexico, I also explore some implications of regarding pregnant people who travel for abortion care as a type of migrant, even if they are U.S. citizens and legal residents. Finally, I assess how this discursive shift can make important contributions to pandemic and (...) migration ethics. (shrink)

Poland has faced two waves of migration: the first was of irregular asylum seekers, which led to the humanitarian crisis on the eastern EU–Belarusian border since 2021; the second was of Ukrainians fleeing the Russian invasion. Although there are noticeable differences between these situations, and between the different reactions of the Polish authorities, it is possible to juxtapose them in terms of the right to health. The normative content of refugee and human rights law is the starting point for (...) reconstructing the meaning of the terms ‘refugee’ and ‘right to health’. A refugee is a person who needs international protection because of a well-founded fear of harm, which is not limited to persecution as defined by the Refugee Convention but also includes situations of international and non-international armed conflict. The right to health, which includes, inter alia, entitlements to a ‘system of health protection’ and ‘underlying determinations of health’, is reconstructed on the basis of human rights law and refugee and migration law. There are no legal and moral grounds to grant the right to health differentially to different groups of refugees. Nondiscriminatory health policy requires that refugees have the same access to health care as nationals, although their specific health needs resulting from past experiences and refugee situation require special treatment, that is, an appropriate refugee health policy. The broad understanding of the underlying determinants of health demonstrates the importance of overall migration policy for refugees’ health, which can jeopardise the fragile good of refugee health. (shrink)

In this paper, I argue that taking basic human rights seriously—and the basic right to subsistence in particular—requires acknowledging that, given certain conditions, people in need have a right of necessity to take, use and/or occupy the property of others in order to get out of their plight. I explore the implications of this for the phenomenon of illegalized migration for subsistence reasons, and suggest that receiving countries ought not to deny entry to these migrants. On the contrary, those (...) seeking to enter should be morally permitted to do it. The reason is that, just as basic rights should serve as internal limits to any minimally reasonable system of property rights, so should they serve as limits to any minimally reasonable system of territorial rights. After developing this idea, I address some objections to the principle and its application, and conclude by pointing to the immediate, mediate and final duties that this principle gives rise to. (shrink)

This paper argues that by overestimating the importance of citizenship rights, the ethics of immigration turns away from the more serious problem of closed borders. Precisely, this contribution is a threefold critique of Carens’ idea that "justice requires that democratic states grant citizenship at birth to the descendants of settled immigrants" (Carens, 2013: 20). Firstly, I argue that by making 'justice' dependent on states and their attributes (birthright citizenship), this idea strengthens methodological nationalism which views humanity as naturally divided (...) into bounded nation-states. Secondly, I analyze its justification and argue that grounding (citizenship) rights on the existence of social connections is logically and morally problematic. Thirdly, I analyze its scope (granting rights to the descendants of the ‘settled’) and its method of implementation (granting citizenship rights automatically ‘at birth’). While from a less sedentarist perspective, no one can be considered ‘settled’ in advance, I will express some doubts that granting citizenship rights is always automatically a way to extend people’s rights. All in all, I argue that by its justification, scope and method of implementation, this idea moves us away from, rather than gets us closer to, an open-borders world. (shrink)

This article considers the question of the value and limits of the concept of discrimination for the ethics of migration by drawing attention to the need for a conceptualization of discrimination that can encompass forms of group-based disadvantage that are enabled and reproduced by the three central norms of our contemporary regime of global migration governance: the state’s right to unilateral control over its border regime, birthright citizenship and rights of (re)entry to one’s own state, and the individual (...) right to leave a state. I sketch an historical account of the forging and yoking together of these norms as bound up with the history of European imperialism and argue that they function to enable the reproduction of the advantage of states of the Global North. I illustrate this argument by reference to the example of the transnational migration of medical professionals from sub-Saharan Africa and argue that this may amount to structural discrimination against the human right to health of the populations of these states of emigration before considering two responses to this condition: ‘no recruitment’ and ‘no disadvantage’. (shrink)

L’article analyse une forme de migration en vigueur depuis plusieurs décennies dans la population féminine de Lampedusa (Italie) : une migration à court terme mise en œuvre pour bénéficier d’une assistance hospitalière lors de l’accouchement, assistance absente à Lampedusa. Pour cerner les évolutions de cette émigration pour l’enfantement, ce phénomène est étudié sur plusieurs générations. Après avoir examiné les enjeux socio-culturels, socio-économiques et socio-sanitaires de cette mobilité reproductive chez les femmes de Lampedusa, l’article montre comment les accouchements déterritorialisés (...) dialoguent, ou entrent en conflit, avec l’assistance médicale proposée aux immigrées enceintes accueillies de nos jours à Lampedusa. Cette approche permet d’ouvrir la réflexion sur le lien entre migrations féminines nationales et internationales, expériences d’enfantement et droits reproductifs. (shrink)

The European Union (EU) has been challenged by several crises lately. In addition to Brexit, the Euro crisis, and the migration crisis; global issues such as the coronavirus pandemic and the Russian attack on Ukraine affected the EU. The migration crisis, on the one hand, differs from the above-mentioned crises with one remarkable feature. The member states have no real consensus about forming a common migration policy. Besides, for geographic reasons, some member states put much more burden (...) on immigrants. Agreeing on immigration becomes impossible for the border countries on the migration route and also transit countries. The paper argues that, unlike the other crises of the EU, the migration crisis reinforces EU integration in such a way that disputes between member states prevent the EU from making institutional changes about the issue. The study results assume that the other above-mentioned crises, on the other hand, stimulated institutional change throughout the EU. In light of this information, this study evaluates, using a method of relevant literature review and comparing the arguments of the researchers, how the migration issue became a subject of dispute between member states by evaluating the 2015 crisis. (shrink)

This study used an emic approach to examine the dynamics of online romance fraud, focusing on the migration of offenders from Nigeria to Ghana. We collected data through qualitative methods, such as semi-structured interviews and focus group discussions. Ghanaian police officers and Nigerian law enforcement officers were consulted for their perspectives. Thematic analysis revealed key findings, including the migration patterns of Nigerian offenders to Ghana and the institutionalisation of scamming enterprises. These findings shed light on the transnational and (...) structural factors driving online romance fraud in West Africa, highlighting both its global reach and the local mechanisms sustaining these criminal networks. This research contributes to a deeper understanding of regional and international cybercrime dynamics, offering valuable insights to inform policy and law enforcement strategies. (shrink)

In 2016, the international community, in reaction to the growing number of ‘tragedies’ occurring as people attempted to move across borders, met to discuss large movements of refugees and migrants. The outcome of this meeting was an agreement to negotiate two Global Compacts, one on refugees and one on migrants, with the aim of facilitating ‘orderly, safe, regular and responsible migration and mobility of people’. This article explores how responsibility in the Global Compact on Migrant is expressive of (...) a changed way of ‘doing’ migration. The language of ‘responsibility’ raises questions about how the international community views international migration and, by extension, prepares the ground for policy and practice on international migration. Taking a genealogical, jurisprudential approach, we follow the logic which brings migration, development and human rights language together to construct a new subjectivity: that of the ‘responsible’ migrant. The migrant human will be a rights-bearer because they will contribute to development in particular gendered ways. We argue that assuming a narrow understanding of responsibility misses expressive dynamics in the normalizing of international migration within a new framing to inform international law making. (shrink)

According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and (...) co-citizens. In this article, on the contrary, we suggest that the liberal conception of states’ legitimate political authority demands, and not just permits, that developing states from which migration of skilled workers occurs set up contractual mechanisms. These mechanisms will ensure that state-funded training in the health sector is provided against a commitment on the part of future professionals to reciprocate with their services for the benefits obtained. If one of the conditions for the state to maintain legitimate political authority is to provide basic services such as healthcare to its subjects (while respecting at the same time their autonomy and freedom), then this is what developing states affected by the brain drain ought to do. What we call the authority-based approach to the brain drain also helps to clarify the obligations that other states have not to interfere with these contractual mechanisms when they exist, and not to profit from their absence. Inspired by FIFA’s legal instruments of training compensation and solidarity mechanism for the transfer of players, we conclude by suggesting a plausible global policy to complement this authority-based approach. (shrink)

In 2020, the European Union announced the award of the contract for the biometric part of the new database for border control, the Entry Exit System, to two companies: IDEMIA and Sopra Steria. Both companies had been previously involved in the development of databases for border and migration management. While there has been a growing amount of publicly available documents that show what kind of technologies are being implemented, for how much money, and by whom, there has been limited (...) engagement with digital methods in this field. Moreover, critical border and security scholarship has largely focused on qualitative and ethnographic methods. Building on a data feminist approach, we propose a transdisciplinary methodology that goes beyond binaries of qualitative/quantitative and opacity/transparency, examines power asymmetries and makes the labour of coding visible. Empirically, we build and analyse a dataset of the contracts awarded by two European Union agencies key to its border management policies – the European Agency for Large-Scale Information Systems (eu-LISA) and the European Border and Coast Guard Agency (Frontex). We supplement the digital analysis and visualisation of networks of companies with close reading of tender documents. In so doing, we show how a transdisciplinary methodology can be a device for making datafication ‘intelligible’ at the European Union borders. (shrink)

With the themed issue “The Critical Phenomenology of Borders and Migration,” we at Puncta wish to highlight the need for a continued systematic reflection on the lived experiences of migrants in relation to the political and social structures that inform these experiences. By claiming that critical phenomenology can be a fruitful approach to this work, we insist that the complex lived experience of migrants should not only be acknowledged and included in the form of examples and anecdotes, but (...) systematically integrated and interrogated in philosophical conversations on migration-related matters. The hope is that critically attuned phenomenological analyses of migrant lived experiences may contribute to offer new knowledges indispensable for understanding what is actually at stake—philosophically, politically, ethically, and existentially—with the particular situations that migrants, border-crossers and border-dwellers continually negotiate. (shrink)

In gloomy and despairing times, we who work for liberation generate light and joy. We experience this every time we work together to defend our communities, when we fight to win collective victories, when we build something new. Much of the time these experiences are in marches and meetings – really important spaces for movement work. But here we want to amplify the usefulness of collective study, and share some thoughts about why Harsha Walia’s new book Border and Rule would (...) be a great place to start if you might like to try a political kind of book club. (shrink)

Global migration raises important ethical issues. One of the most significant is the question of whether liberal democratic societies have strong moral obligations to admit immigrants. Historically, most philosophers have argued that liberal states are morally free to restrict immigration at their discretion, with few exceptions. Recently, however, liberal egalitarians have begun to challenge this conventional view in two lines of argument. The first contends that immigration restrictions are inconsistent with basic liberal egalitarian values, including freedom and moral equality. (...) The second maintains that affluent, liberal democratic societies are morally obligated to admit immigrants as a partial response to global injustices, such as poverty and human rights violations. This article surveys the main philosophical arguments for these positions on immigration and discusses the critical responses to these arguments. (shrink)

In recent years, marriage migration as a form of family reunification has become a growing policy concern for migration governance in European member states and is seen as ‘the last loophole’ in EU migration policy in the face of a supposedly large and increasing number of sham marriages through which the non-European spouse is granted a residency permit. Several European nations have therefore legislated legal-administrative measures to battle marriages of convenience by investigating cross-border marriage applications prior to (...) celebrating or recognising the marital union. In this article, I draw on a linguistic ethnographic empirical study of legal-administrative investigations conducted by Belgian municipal authorities to determine whether cross-border marriage applications to their civil registry office are ‘genuine’ or ‘fake’. In particular, I examine how the legal framework and guidelines for investigation are bureaucratically implemented in practice in Belgian civil registry offices with a particular focus on the role of a discursively constructed notion of genuine cross-border love and a bureaucratically acceptable relationship in both policy documents and interviewing practice. (shrink)

The end of the bi-polar world and the collapse of communist regimes triggered an unprecedented mobility of people and heralded a new phase in European migrations. Eastern Europeans were now not only ‘free to leave’ to the West but more exactly ‘free to leave and to come back’. In this text I will focus on gendered transnational, cross-border practices and capabilities of Central and Eastern Europeans on the move, who use their spatial mobility to adapt to the new context of (...) post-communist transition. We are dealing here with practices that are very different from those which the literature on ‘immigrant transnationalism’ is mostly about. Rather than relying on transnational networking for improving their condition in the country of their settlement, they tend to ‘settle within mobility,’ staying mobile ‘as long as they can’ in order to improve or maintain the quality of life at home. Their experience of migration thus becomes their lifestyle, their leaving home and going away, paradoxically, a strategy of staying at home, and, thus, an alternative to what migration is usually considered to be — emigration/immigration. Access to and management of mobility is gendered and dependent on institutional context. Mobility as a strategy can be empowering, a resource, a tool for social innovation and agency and an important dimension of social capital — if under the migrants’ own control. However, mobility may reflect increased dependencies, proliferation of precarious jobs and, as in the case of trafficking in women, lack of mobility and freedom. (shrink)