The Legal and Ethical Nature of Immigration Policy

The Legal and Ethical Nature of Immigration Policy
Author: Bas Schotel
Publisher:
Total Pages: 360
Release: 2010-06-01
Genre: Law
ISBN: 9789048189830

This book may change the way legal scholars, political theorists and policy makers look at our immigration policies. From now on we have strong reasons for adopting a new default position for evaluating and designing our admission laws and policies: the exclusion of aliens seeking admission must be substantially justified (vis-A -vis the excluded aliens) by the state. The burden of proof should lie with the state. For want of such substantial justification the alien is to be admitted. As one the first in its kind, the book builds a comprehensive case for changing our admission policies through an analysis of the structure of the law and legal order. This opens new routes previously left unexplored by experts in immigration law and the ethics of migration. More importantly, as the admission laws become untenable from the legal perspective, policy makers can no longer hide behind the (formal) law. The book also revitalizes the scholarship in ethics of migration. The author shows how the seemingly diverging positions in favour of (more) open or closed borders all point in the same direction: admission must be justified and the first to do so is the state. Far from being utopian, the book renders the theoretical arguments tangible and realistic through an elaborate discussion of a concrete policy proposal by an expert committee on immigration law. In short, after reading this work, the reader is left with the conviction that the current default position of immigration laws and policies is not self-evident. As a result, the book already achieves its goal: the burden of proof has been reversed

Debating the Ethics of Immigration

Debating the Ethics of Immigration
Author: Christopher Heath Wellman
Publisher: OUP USA
Total Pages: 350
Release: 2011-09-30
Genre: Philosophy
ISBN: 0199731721

Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.

The Moral and Political Philosophy of Immigration

The Moral and Political Philosophy of Immigration
Author: José Jorge Mendoza
Publisher: Lexington Books
Total Pages: 159
Release: 2016-12-27
Genre: Philosophy
ISBN: 1498508529

In The Moral and Political Philosophy of Immigration: Liberty, Security, and Equality, José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is thereby, at its core, a problem of philosophy. Establishing the necessity of situating the public debate on immigration at the center of philosophical debates on liberty, security, and equality, this book brings into dialog various contemporary philosophical texts that deal with immigration to provide some normative guidance to future immigration policy and reform. As a groundbreaking work in social and political philosophy, it will be of great value not only to students and scholars in these fields, but also those working in social science, public policy, justice studies, and global studies programs whose work intersects with issues of immigration.

On the Right of Exclusion: Law, Ethics and Immigration Policy

On the Right of Exclusion: Law, Ethics and Immigration Policy
Author: Bas Schotel
Publisher: Routledge
Total Pages: 253
Release: 2013-03-01
Genre: Law
ISBN: 1136630171

On the Right of Exclusion: Law, Ethics and Immigration Policy addresses the current immigration laws and practices of Western states, and argues that if states cannot substantially justify the exclusion of an alien, the latter should be admitted.

Debating Immigration

Debating Immigration
Author: Carol Miller Swain
Publisher: Cambridge University Press
Total Pages: 268
Release: 2007-04-30
Genre: Law
ISBN: 0521698669

Includes statistical tables and graphs.

The Ethics of Immigration

The Ethics of Immigration
Author: Joseph Carens
Publisher: Oxford University Press
Total Pages: 385
Release: 2013
Genre: Philosophy
ISBN: 0199933839

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

Forced Migration Research

Forced Migration Research
Author: ENGINEERING NATIONAL ACADEMIES OF SCIENCES (AND MEDICINE. DIVISION OF BEHAVIORAL AND SOCIAL.)
Publisher:
Total Pages: 113
Release: 2019
Genre: Forced migration
ISBN: 9780309498173

"In 2018, the United Nations High Commissioner for Refugees estimated 70.8 million people could be considered forced migrants, which is nearly double their estimation just one decade ago. This includes internally displaced persons, refugees, asylum seekers, and stateless people. This drastic increase in forced migrants exacerbates the already urgent need for a systematic policy-related review of the available data and analyses on forced migration and refugee movements. To explore the causes and impacts of forced migration and population displacement, the National Academies convened a two-day workshop on May 21-22, 2019. The workshop discussed new approaches in social demographic theory, methodology, data collection and analysis, and practice as well as applications to the community of researchers and practitioners who are concerned with better understanding and assisting forced migrant populations. This workshop brought together stakeholders and experts in demography, public health, and policy analysis to review and address some of the domestic implications of international migration and refugee flows for the United States. This publication summarizes the presentations and discussions from the workshop"--Publisher's description

U.S. Immigration Policy

U.S. Immigration Policy
Author: Council on Foreign Relations. Independent Task Force on U.S. Immigration Policy
Publisher: Council on Foreign Relations
Total Pages: 165
Release: 2009
Genre: Political Science
ISBN: 0876094213

Few issues on the American political agenda are more complex or divisive than immigration. There is no shortage of problems with current policies and practices, from the difficulties and delays that confront many legal immigrants to the large number of illegal immigrants living in the country. Moreover, few issues touch as many areas of U.S. domestic life and foreign policy. Immigration is a matter of homeland security and international competitiveness, as well as a deeply human issue central to the lives of millions of individuals and families. It cuts to the heart of questions of citizenship and American identity and plays a large role in shaping both America's reality and its image in the world. Immigration's emergence as a foreign policy issue coincides with the increasing reach of globalization. Not only must countries today compete to attract and retain talented people from around the world, but the view of the United States as a place of unparalleled openness and opportunity is also crucial to the maintenance of American leadership. There is a consensus that current policy is not serving the United States well on any of these fronts. Yet agreement on reform has proved elusive. The goal of the Independent Task Force on U.S. Immigration Policy was to examine this complex issue and craft a nuanced strategy for reforming immigration policies and practices.

Unjust Borders

Unjust Borders
Author: Javier S. Hidalgo
Publisher: Routledge
Total Pages: 330
Release: 2018-11-07
Genre: Philosophy
ISBN: 1351383272

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.

Moral and Immoral Whiteness in Immigration Politics

Moral and Immoral Whiteness in Immigration Politics
Author: Yalidy Matos
Publisher:
Total Pages: 0
Release: 2023
Genre: Electronic books
ISBN: 9780197656273

Immigration has been at the heart of US politics for centuries. In Moral and Immoral Whiteness in Immigration Politics, Yalidy Matos examines the inherent moral, value-based, nature of white Americans' immigration attitudes, including preferences on local immigration enforcement programs, federal immigration policy, and levels of legal immigration allowed. She examines the conditions under which white Americans choose to reproduce a system structured on white supremacy or repudiate it, as well as the role of socialization in their choices and immigration attitudes. As immigration continues to.