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On The Right Of Exclusion Law Ethics And Immigration Policy
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Book Synopsis On the Right of Exclusion: Law, Ethics and Immigration Policy by : Bas Schotel
Download or read book On the Right of Exclusion: Law, Ethics and Immigration Policy written by Bas Schotel and published by Routledge. This book was released on 2013-03-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Legal and Ethical Nature of Immigration Policy by : Bas Schotel
Download or read book The Legal and Ethical Nature of Immigration Policy written by Bas Schotel and published by . This book was released on 2010-06-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis On the Right of Exclusion: Law, Ethics and Immigration Policy by : Bas Schotel
Download or read book On the Right of Exclusion: Law, Ethics and Immigration Policy written by Bas Schotel and published by Routledge. This book was released on 2013-03 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis Debating the Ethics of Immigration by : Christopher Heath Wellman
Download or read book Debating the Ethics of Immigration written by Christopher Heath Wellman and published by OUP USA. This book was released on 2011-09-30 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Ethics of Immigration by : Joseph Carens
Download or read book The Ethics of Immigration written by Joseph Carens and published by Oxford University Press. This book was released on 2013 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The President and Immigration Law by : Adam B. Cox
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Book Synopsis The Ethics and Politics of Immigration by : Alex Sager
Download or read book The Ethics and Politics of Immigration written by Alex Sager and published by Rowman & Littlefield. This book was released on 2016-10-03 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ethics and Politics of Immigration provides an overview of the central topics in the ethics of immigration with contributions from scholars who have shaped the terms of debate and who are moving the discussion forward in exciting directions. This book is unique in providing an overview of how the field has developed over the last twenty years in political philosophy and political theory. The essays in this book cover issues to do with open borders, admissions policies, refugee protection and the regulation of labor migration. The book also includes coverage of matters concerning integration, inclusion, and legalization. It goes on to explore human trafficking and smuggling and the immigrant detention. The book concludes with four topics that promise to move immigration ethics in new directions: philosophical objections to states giving preference to skilled laborers; the implications of gender and care ethics; the incorporation of the philosophy of race; and how the cognitive bias of methodological nationalism affects the discussion.
Book Synopsis Unjust Borders by : Javier S. Hidalgo
Download or read book Unjust Borders written by Javier S. Hidalgo and published by Routledge. This book was released on 2018-11-07 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Immigration and Social Equality by : Désirée Lim
Download or read book Immigration and Social Equality written by Désirée Lim and published by Oxford University Press. This book was released on 2023-07-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Skill-selective immigration policies, through which states favor the admission of highly-skilled migrants over low-skilled migrants, are a familiar component of the immigration landscape. Wealthy Western states, such as the United States, United Kingdom, Canada, and Australia have explicitly declared their desire to attract the "best and the brightest". On the other hand, attitudes towards low-skilled migrants could not be more different. They have consistently been portrayed as dangerous and undesirable, a drain on social welfare, and economically threatening to citizens. Immigration and Social Equality argues that we ought to re-think this stance. Beginning from the widely-shared principle of equal respect for all persons, it proposes that equal respect requires the recognition of each person's pro tanto right to social equality, regardless of their citizenship status. Even if states have the right to exclude non-citizens, they cannot do so in a way that is demeaning or subordinating to excluded persons. The right to social equality gives us a richer picture of why certain instances of immigrant selection, such as the US's recent ban on citizens from Muslim-majority countries, are unjust. However, it also has troubling implications for skill-selective immigration policies, as they are currently practiced: the book reveals that they ought to be regarded as a form of wrongful discrimination. Drawing on the framework of social equality, Désirée Lim goes on to consider the problem of colonial injustice and how it may be reproduced by skill-selective immigration policies, as well as migratorial disobedience.
Book Synopsis Freedom, Culture, and the Right to Exclude by : Uwe Steinhoff
Download or read book Freedom, Culture, and the Right to Exclude written by Uwe Steinhoff and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Freedom, Culture, and the Right to Exclude by : Uwe Steinhoff
Download or read book Freedom, Culture, and the Right to Exclude written by Uwe Steinhoff and published by Routledge. This book was released on 2022-04-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that citizens have a moral right to decide by which criteria they grant migrants citizenship, as well as to control access to their territory in the first place. In developing and defending this argument, it critically engages numerous objections, thus providing the reader with a thorough overview of the current debate on the ethics of immigration and exclusion. The author’s argument is based on a straightforwardly individualist and liberal starting point. One of the rights granted by liberalism is freedom of association, which also comprises the right not to associate with people with whom one does not want to associate. While this is an individual right, it can be exercised collectively like many other individual rights. Thus, people can decide to collectively organize into an association pursuing certain goals; and subject to certain provisos, this gives rise to legitimate claims to space and territory in which they pursue these goals. The author shows that this right is far-reaching and robust, which entails an equally far-reaching and robust right to exclude. Moreover, he demonstrates that large-scale immigration from illiberal cultures tends to severely compromise the way of life, the values, and the institutions of liberal democracies in ways routinely ignored by apologists for multiculturalism. Freedom, Culture, and the Right to Exclude will be of interest to scholars and advanced students working in applied ethics, political philosophy, political theory, and law.
Book Synopsis Immigration Law and Social Justice by : Bill Ong Hing
Download or read book Immigration Law and Social Justice written by Bill Ong Hing and published by Aspen Publishing. This book was released on 2021-09-14 with total page 1557 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. This innovative casebook approaches immigration law and policy from a public interest perspective with a special emphasis on issues of social justice. Along with cases and statutory material, Immigration Law and Social Justice employs a variety of materials from appellate cases, client examples, article excerpts, and hypotheticals. These materials not only provide the basic framework for immigration law, but also engage students with the greater social, political, and economic context necessary to understand the movement of immigrants to the United States, as well as the human impact of immigration law enforcement and administration. Through examples, notes and questions that raise the social, racial, and political questions of admission and enforcement, as well as discussion of public interest lawyers’ strategies, this casebook advances students’ understanding of the creative approaches used in the field. Ultimately, this book encourages students to think broadly about relevant social, economic, and political forces. New to the Second Edition: Supreme Court decisions on expedited removal and DACA Analysis of the Trump administration approaches to relief from removal, judicial review, and the rights of noncitizens Major Supreme Court decisions, including Trump v. Hawaii (Muslim ban) and Dimaya v. Sessions (2018) (aggravated felonies) Administrative decisions such as Matter of A-C-M- (material support bar), Matter of A-B- (domestic violence and particular social group) Developments in how immigration courts define convictions Additional/updated material on: History of U.S. immigration laws Race-conscious lawyering; racial justice and immigrant rights New ICE enforcement guidance under the Biden administration; U.S. v. California (upholding California’s sanctuary policies) Citizenship for orphans; renunciation of citizenship Public charge grounds and Title 42 COVID exclusions; I-601A waiver; firearms offenses; crimes involving moral turpitude Restrictions on bond hearings imposed by the Trump administration; monitoring of children’s detention centers under Flores settlement; Zepeda Rivas v. Jennings (requirements on ICE detention facilities in light of COVID-19) Border wall and related litigation; Operation Streamline; worksite enforcement; state and local cooperation Pereira v. Sessions and Niz-Chavez v. Garland (defective Notice to Appear and eligibility for cancellation of removal); cancellation of removal Examination of right to counsel for minors and for non-detained respondents with mental challenges; ineffective assistance of counsel; restrictions imposed by Trump administration on immigration court continuances; problems with distance videoconference hearings New refugee numbers under the Biden administration; past persecution; membership in particular social groups Professors and student will benefit from: Deep background on the social context of immigration law and its enforcement in the context of a sophisticated examination of the technicalities of relevant statutory and administrative law Materials encouraging students to learn relevant law with an eye toward potential advocacy, including litigation strategies, and which challenge students to evaluate critically the mutually constitutive work of race and immigration law Contextual background to understand immigration and immigration enforcement Unique focus on immigration and social justice, as well as public interest immigration lawyering Focus on issues of contemporary relevance, highlighting some of the most contentious areas of immigration law and policy Materials designed to facilitate student understanding of the letter of immigration law, and to encourage students to think creatively about possible reform Integrated critical materials exploring the role of race, class, religion, gender, and disability in immigration law and policy Problems designed to encourage active learning and application of law
Book Synopsis Justice and Authority in Immigration Law by : Colin Grey
Download or read book Justice and Authority in Immigration Law written by Colin Grey and published by Bloomsbury Publishing. This book was released on 2015-04-23 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.
Book Synopsis The Moral and Political Philosophy of Immigration by : José Jorge Mendoza
Download or read book The Moral and Political Philosophy of Immigration written by José Jorge Mendoza and published by Lexington Books. This book was released on 2016-12-27 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Strangers in Our Midst by : David Miller
Download or read book Strangers in Our Midst written by David Miller and published by Harvard University Press. This book was released on 2016-05-09 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should Western democracies respond to the many millions of people who want to settle in their societies? Economists and human rights advocates tend to downplay the considerable cultural and demographic impact of immigration on host societies. Seeking to balance the rights of immigrants with the legitimate concerns of citizens, Strangers in Our Midst brings a bracing dose of realism to this debate. David Miller defends the right of democratic states to control their borders and decide upon the future size, shape, and cultural make-up of their populations. “A cool dissection of some of the main moral issues surrounding immigration and worth reading for its introductory chapter alone. Moreover, unlike many progressive intellectuals, Miller gives due weight to the rights and preferences of existing citizens and does not believe an immigrant has an automatic right to enter a country...Full of balanced judgments and tragic dilemmas.” —David Goodhart, Evening Standard “A lean and judicious defense of national interest...In Miller’s view, controlling immigration is one way for a country to control its public expenditures, and such control is essential to democracy.” —Kelefa Sanneh, New Yorker
Book Synopsis Justice, Migration, and Mercy by : Michael Blake
Download or read book Justice, Migration, and Mercy written by Michael Blake and published by Oxford University Press, USA. This book was released on 2020 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we understand the political morality of migration? Are travel bans, walls, or carrier sanctions ever morally permissible in a just society? This book offers a new approach to these and related questions. It identifies a particular vision of how we might apply the notion of justice to migration policy - and an argument in favor of expanding the ethical tools we use, to include not only justice but moral notions such as mercy/
Book Synopsis Immigration and the Law by : Sofía Espinoza Álvarez
Download or read book Immigration and the Law written by Sofía Espinoza Álvarez and published by University of Arizona Press. This book was released on 2018-04-10 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the era of globalization, shifting political landscapes, and transnational criminal organizations, discourse around immigration is reaching unprecedented levels. Immigration and the Law is a timely and significant volume of essays that addresses the social, political, and economic contexts of migration in the United States. The contributors analyze the historical and contemporary landscapes of immigration laws, their enforcement, and the discourse surrounding these events, as well as the mechanisms, beliefs, and ideologies that govern them. In today’s highly charged atmosphere, Immigration and the Law gives readers a grounded and broad overview of U.S. immigration law in a single book. Encompassing issues such as shifting demographics, a changing criminal justice system, and volatile political climate, the book is critically significant for academic, political, legal, and social arenas. The contributors offer sound evidence to expose the historical legacy of violence, brutality, manipulation, oppression, marginalization, prejudice, discrimination, power, and control. Demystifying the ways that current ideas of ethnicity, race, gender, and class govern immigration and uphold the functioning and legitimacy of the criminal justice system, Immigration and the Law presents a variety of studies and perspectives that offer a pathway toward addressing long-neglected but vital topics in the discourse on immigration and the law. Contributors Sofía Espinoza Álvarez Steven W. Bender Leo R. Chávez Arnoldo De León Daniel Justino Delgado Roxanne Lynn Doty Brenda I. Gill Ruth Gomberg-Muñoz Peter Laufer Lupe S. Salinas Mary C. Sengstock Martin Guevara Urbina Claudio G. Vera Sánchez
