From the category archives:

immigration

UK hostile environment immigration policy condemned

by Chris Bertram on November 25, 2020

The UK’s Equality and Human Rights Commission has just published a report into the Windrush scandal. The report shows that policy makers ignored warnings about the likely impacts of the “hostile environment” policy on groups such as the Windrush generation. As a result of the policy, many people who had difficulty in proving their right to reside in the UK, often because the Home Office imposed a ludicrous evidential burden on them, lost their jobs, their homes, were denied access to vital health care, were detained in prison-like immigration detention centres or were deported and excluded from a country they had lived in all their lives.

The report makes grim reading, but what emerges clearly from it is that ministers and their civil servants, seeking to display a “get tough” message on immigration, were not disposed to listen to the people telling them about how things would turn out. They were already set on the policy and were going to stick to it whatever. Critics were to be ignored and rebutted and the UK government were not interested in finding evidence that would get in the way. Legal duties to promote equality and non-discrimination were not seen as goals that ought to inform policy but, at best, as obstacles to circumvented.

After the Windrush scandal broke in 2018, thanks to the work of activists and journalists, including Amelia Gentleman who wrote an excellent book about this, the Home Office pledged to put things right. But the compensation scheme for victims that the Home Office was forced to put in place has paid out a pittance to a very few of the victims, and a senior civil servant has resigned suggesting that racism is an important part of the explanation. Almost weekly new absurdities come to light, such as the case of a man who the Home Office illegally excluded from the country who has now applied for British citizenship, which the Home Office is denying him on the basis that he spent too long out of the country.

The British press, with the exception of the Guardian, has given little prominence to this story. Another report from the EHCR into anti-semitism in the Labour Party was all over the front pages, but one into the impact of immigration policy on the lives of thousands of people is, well, not. Too late to affect this report but ominously for the future, the UK government has now appointed David Goodhart, a prominent advocate of the hostile environment (who now says he was always against “abuses”), as one of the commissioners for the EHRC. As US Republicans have learnt from the experience of the Supreme Court, the answer to the problem of referees giving decisions against you is to appoint new, more pliant, referees.

On an objection to the idea of “white privilege”

by Chris Bertram on August 27, 2020

The term “white privilege” has been getting a lot of play and a lot of pushback recently, for example, from Kenan Malik in this piece and there are some parallels in the writing of people like Adolph Reed who want to stress class-based solidarity over race. Often it isn’t clear what the basic objection from “class” leftists to the concept of “white privilege” is. Sometimes the objection seems to be a factual one: that no such thing exists or that insofar as there is something, then it is completely captured by claims about racism, so that the term “white privilege” is redundant. Alternatively, the objection is occasionally strategic or pragmatic: the fight for social justice requires an alliance that crosses racial and other identity boundaries and terms like “white privilege” sow division and make that struggle more difficult. These objections are, though, logically independent of one another: “white privilege” could be real, but invoking it could be damaging to the struggle; or it could be pragmatically useful for justice even if somewhat nebulous and explanatorily empty.

One particular type of argument is to deny that some white people enjoy privilege on the basis of noticing that some groups of white people suffer outcomes that are as bad or worse than non-white people on average or some non-white groups in particular. The claim is then that it is nonsensical to think of these white people as enjoying “white privilege”, or, indeed, any kind of privilege at all. But whatever the truth turns out to be about the explanatory usefulness of “white privilege”, I think these outcome-oriented assessments, sometimes based on slicing and dicing within racial or ethnic groups in ways that create artificial entities out of assemblages of demographic characteristics (white+rural+poor, for example), don’t ground a valid objection because they misconstrue what the privilege claim is about.
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Book note: Johny Pitts, Afropean

by Chris Bertram on July 7, 2020

Just finished Johny Pitts’s Afropean: Notes from a Black Europe (Penguin). It is a remarkable and highly readable book which I strongly recommend. Pitts, a journalist and photographer from Sheffield in England, embarks on a journey across Europe to discover the continent’s African communities, from Sheffield itself, through Paris, the Netherlands, Berlin, Sweden, Russia, Rome, Marseille and Lisbon. Pitts, the son of an African-American soul singer and a working-class Englishwoman, is a curious insider-outsider narrator of the book which ambles from meditations on black history and (often American) literary forbears to chance encounters with black and brown Europeans in hostels, trains, stations, cafés and universities.

Is there a unity in all this? Hard to say, since as Pitts observes, these different populations, linked by an experience of marginalisation, come to be where they are via very diverse personal and collective histories. Some have come in their best clothes from former colonies to nations they were taught about as the motherland, only to find they had to make their lives in a place that was disappointing or hostile and where the white population — British, French, or Dutch — remain ill-disposed to see their new compatriots as being part of themselves. Others have fled war, persecution and trauma in Sudan or South Africa, only to find themselves exiled on the periphery of Scandiavian social democracy. And then there are the residual African students in a Russia transformed in thirty years from somewhere professing — occastionally sincerely — the unity and equality of all humankind, into a place where it is dangerous for black people to venture out at night for fear of violent attack or worse.

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A guest post by David Owen (University of Southampton).

T. Alexander Aleinikoff & Leah Zamore, *The Arc of Protection: Reforming the International Refugee Regime*, Stanford University Press, 2019.

This book is a bold attempt to rethink the requirements of an international protection regime for forced migrants as well as a significant challenge to the view I recently proposed in my own book (reviewed [here](https://crookedtimber.org/2020/02/19/an-important-new-book-about-refugeehood/) by Chris Bertram). Combining a revisionist history of the international refugee regime and a call for a contemporary widening of that regime, it traces proposes a set of principles and practices of protection that the authors take to be adequate to challenges of our current circumstances.

That the international refugee regime is far from well-functioning is hardly a controversial judgment and Aleinkoff & Zamore begin by sketching out the character of its failure and the relationship of that failure to the shift to thinking of refugees in humanitarian terms. As they rightly note, the 1951 Refugee Convention is much more focused than current humanitarian practice on rights and on the integration of refugees – as social, economic and even political agents – into their states of residence. Their reconstruction of the post-WW2 emergence of our current refugee regime provides the basis for the pivotal claim of the book, which is a rejection of what they term ‘the Modern Standard Picture’ (MSP) of refugee protection according to which (1) citizens are entitled to the protection of their basic rights by their home state, (2) a refugee is someone whose home state has failed to protect them so that they have had to flee from it and (3) international protection is a surrogate or substitute for the responsibilities of their home state implemented through the protection of another state. MSP is a widely held view (my own work may be seen as a version of it) but they argue that it cannot make sense of the focus of the Refugee Convention on overcoming obstacles to the rebuilding of refugee lives in the host state by establishing requirements on host states to provide some rights in forms equivalent to those enjoyed by citizens and the remainder in the form enjoyed by the most favoured immigrants: ‘if international protection is a surrogate for anything, it is the inability or unwillingness of the host state to protect and assist refugees in their territory’ (p.51). The simple but radical redirecting of the focus of refugee protection onto the obligation of the international community to provide the rights and resources for refugees to be able to rebuild their lives, to enjoy agency and welfare wherever they are, provides the basis on which their argument and proposals stand.
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Europe fails refugees again

by Chris Bertram on March 5, 2020

Once again, Europe is failing in its duties towards refugees. The latest episode is [the decision of Turkey’s President ErdoÄŸan to permit and even to encourage thousands of people to cross into Greece](https://www.theguardian.com/world/2020/feb/29/erdogan-says-border-will-stay-open-as-greece-tries-to-repel-influx) in order to pressure the EU to do more to support Turkey in its conflict with Russia and the Assad regime in Syria’s Idlib province, itself a site of mass forced displacement where people who have fled Aleppo and other conflict areas in Syria are now concentrated. ErdoÄŸan’s instumentalization of migrants and refugees is cynical and calculated, but that doesn’t excuse the failure of Europe to do its part. Turkey already hosts 3.7 million displaced people from Syria on its territory and the EU has viewed the country as a convenient buffer to keep them from its borders, paying ErdoÄŸan €6 billion to warehouse them.
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Who will pick the turnips?

by Chris Bertram on February 20, 2020

I have a [new piece up at the LRB blog on the UK’s post-Brexit immigration plans](https://www.lrb.co.uk/blog/2020/february/who-will-pick-the-turnips). I argue that at the core of the plans is an intention to treat EU migrants and others as a vulnerable and exploitable workforce and that the logic of denying a long-term working visa route to the low paid leads to three possibilities: either the businesses that rely upon them will go bust, technology will substitute for labour, or the UK will have to start denying education to young Britons so that they become willing to be the underpaid workforce that picks turnips and cleans the elderly in social care.

An important new book about refugeehood

by Chris Bertram on February 19, 2020

A brief plug for an important new (and affordable) book: every home should have one! David Owen has long been know for his thoughtful contribution to philosophical debates around migration, and now he has published a brilliant short book, [*What Do We Owe to Refugees?*](https://politybooks.com/bookdetail/?isbn=9781509539734&subject_id=2) in the same excellent *Political Theory Today* series from Polity that my own book appears in. David’s book is highly readable and gives a solid introduction to the main controversy that runs through modern debates on refugeehood, namely, whether we should adopt a “humanitarian” or a “political” conception of refugees and what we owe to them.

A humanitarian conception of refugees focuses attention on them as needy persons forcibly displaced through no fault of their own. They may be fleeing persecution, or war, or natural disaster or environmental collapse, and the duties that we have to them flow from our common humanity. It is their neediness and not the specific cause of their neediness that is the most important factor. A political conception, by contrast, sees refugees as victims of a special wrong, the denial of political status, of effective citizenship through persecution by the very state whose obligation it is to include them as citizens and to guarantee and respect their rights. Refugeehood as conceived of by the political conception is an internationally-recognized political substitute for the membership that has been unjustly denied by a person’s persecutors.
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On seeing Astra Taylor’s What is Democracy?

by Chris Bertram on October 22, 2019

I went to see occasional Timberite Astra Taylor’s remarkable film *What is Democracy?* last night. It takes us from Siena, Italy to Florida to Athens and from Ancient Athenian democracy through the renaissance and the beginning of capitalism to the Greek debt crisis, occupy and the limbo life of people who have fled Syria and now find themselves stuck. It combines the voices of Plato and Rousseau with those of ordinary voters from left and right, Greek nationalists and cosmopolitans, ex-prisoners, with trauma surgeons in Miami, Guatemalan migrants in the US, with lawmakers and academics, and with refugees from Syria and Afghanistan. All the while it poses the questions of whether democracy is compatible with inequality and global financial systems and the boundaries of inclusion.

Some of the testimonies are arresting: the ex-prisoner turned barber who tells us of his nine years in a US prison of a hunger strike when the authorities tried to take the library away and of his problems adjusting to life of the outside, to being around women, and the fact that he’s denied the vote. And all the time he’s telling you this with attention and passion he’s clipping a customers beard, which adds a note of tension. We hear from trauma surgeons who tell us of the levels of violence in Miami – so much blood that the city is used for training by medics from the US military – and the shock of cycling from one neighbourhood to the next and experiencing swift transitions from opulence to utter destitution. We hear from a young Syrian woman who relates how she had to leave Aleppo after her mother was wounded by a stray bullet in her own home and whose idea of democracy is a country where she can lie safely in her bed.
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Haters gonna hate

by Chris Bertram on September 10, 2019

I spent a couple of hours the other afternoon reading Amia Srinivasan’s wonderful paper [“The Aptness of Anger”](http://users.ox.ac.uk/~corp1468/Research_files/jopp.12130.pdf). One theme of that paper is that anger can be a fitting response to a moral violation and that our evaluation of whether someone should be angry does not reduce to instrumental considerations about whether being angry does any good. I find Srinivasan’s argument persuasive but I also found myself wondering about a side-issue that is not really dealt with in the paper. If anger is an apt response to a moral violation, where that violation might be a betrayal by a friend or global injustice, we obviously need an independent theory of morality to anchor our judgements about when anger is appropriate. After all, people get angry all the time when they are denied something they believe themselves entitled to, but the anger is only a candidate for being justifiable when they are actually entitled to that thing. (Srinivasan [has written eloquently about incels](https://www.lrb.co.uk/v40/n06/amia-srinivasan/does-anyone-have-the-right-to-sex), who are very angry at being denied something they are not entitled to.)

Some of the angriest people around at the moment are supposed to be the so-called “left behinds”, althouth perhaps relatively prosperous people often perform “being angry” on their behalf. Insofar are they are angry about the neglect that they and their communities have suffered at the hands of central governments, the lack of regional and industrial policies, or the growth of inequality, then their anger does seem to be a reaction that is indeed an appropriate response to a moral violation, namely, social and economic injustice. But a lot of the anger that we’ve seen stoked up in recent years has been anger towards “immigrants”, where “immigrants” denotes both actual immigrants and non-white people perceived as such by those who resent them. The “moral violation” that this anger corresponds to is the sense that those people don’t belong in the bigot’s safe space. It is the mere presence of such “foreigners” in a space the haters think of as being theirs and reserved for them that constitutes the perceived outrage and generates the anger. (Similar anger at mere presence of unwanted others can be seen in other cases, such as, for example, gentrification.)
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Does talent matter?

by Chris Bertram on August 7, 2019

I’ve recently been in Germany which, to a greater extent than many other countries (such as my own), is a functioning and prosperous liberal democracy. It wasn’t always thus, as every participant in internet debate know very well. By the end of the Second World War, Germany had suffered the destruction of its cities and infrastructure, the loss of a large amount of its territory, and the death or maiming of a good part of its population and particularly of the young and active ones. Yet, though not without some external assistance, it was able to recover and outstrip its former adversaries within a very few decades.

Thinking about this made me reflect a little on whether people, in the sense of talented individuals, matter all that much. That they do is presupposed by the recruitment policies of firms and other institutions and by immigration policies that aim to recruit the “best and brightest”. Societies are lectured on how important it is not to miss out in the competition for “global talent”. Yet the experience of societies that have experienced great losses through war and other catastrophes suggests that provided the institutions and structures are right, when the “talented” are lost they will be quickly replaced by others who step into their shoes and do a much better job that might have previously been expected of those individuals.

I imagine some empirical and comparative work has been done by someone on all this, but it seems to me that getting the right people is much less important that having the institutions that will get the best out of whatever people happen to be around. I suppose a caveat is necessary: some jobs need people with particular training (doctoring or nursing, for example) and if we shoot all the doctors there won’t yet be people ready to take up the opportunities created by their vacancy. But given time, the talent of particular individuals may not be all that important to how well societies or companies do. Perhaps we don’t need to pay so much, then, to retain or attract the “talented”: there’s always someone else.

In Harry’s thread on teaching applied ethics, one commenter expressed the view that teachers should not say which side they support in a debate and should think of themselves as acting as lawyers for both sides. I think Harry sort of agreed with the first point. However, this isn’t always possible and sometimes isn’t even desirable. It won’t be possible when you have expressed yourself publicly and in-print on the issue at hand. When you have, then students will know what you think. Sure, you can present the best counter-arguments to your view in their best light, and you should, and you should encourage disagreement (and discourage unwarranted praise). But they’ll still know.

Some cases, though, are more resistant to impartiality. Take the ethics of migration, for example. I don’t find it hard to present arguments for restriction as put by people like David Miller or Christopher Heath Wellmann. So to that extent, even where the students know where I stand, they also know that I think there are philosophically respectable people whose arguments need addressing and that if they agree with, say, Miller, rather than me, that’s OK. Much more difficult, I find, is when we get onto state enforcement of immigration policy. The problem here is that even the restrictionists hedge their support for restriction with an acknowledgement that states must respect human rights and the values embodied in the rule of law.
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Kirstjen Nielsen

by Henry Farrell on April 8, 2019

Kirstjen Nielsen has resigned from her position as Secretary of the Department of Homeland Security. While there, she was responsible for overseeing some of the most egregious policies, including caging children and separating them from their parents, a policy which she <a href=”https://www.merkley.senate.gov/news/press-releases/merkley-asks-fbi-to-open-perjury-investigation-into-secretary-nielsen”>appears to have lied about</a>. Perhaps there are real extenuating circumstances that will emerge, or perhaps she will publicly repent for what she was involved in. Both seem unlikely.

Jesse Eisinger at ProPublica thinks that Nielsen might quickly find a berth at a think-tank, university center or similar institution.

<blockquote class=”twitter-tweet” data-lang=”en”><p lang=”en” dir=”ltr”>Where Neilsen lands will be a big test of DC elite circles. I expect her to pay zero professional cost for ripping children from their parents, embracing hate &amp; racism, and habitually lying.</p>&mdash; Jesse Eisinger (@eisingerj) <a href=”https://twitter.com/eisingerj/status/1115037335920500736?ref_src=twsrc%5Etfw”>April 7, 2019</a></blockquote>
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Different people have different limits. Nielsen is some distance beyond mine. If she gets a position at a think-tank, university center or similar, I will not participate on any panel that involves anyone from that think-tank, center or other institution. I will not participate in any event where the institution plays an organizing role, nor will I associate myself in any way that might reasonably be seen as providing active support for that institution. If you feel similarly, I invite you to sign your name below (it may take some time for your signature to get past our commenting system) or, if you have a bigger or different platform, to take this idea and roll it out yourself.

[I should note: this is not a collective post by Crooked Timber, although I would guess that many/most/perhaps all others here will agree].

The UK takes a step toward tyranny

by Chris Bertram on February 20, 2019

The UK Home Secretary, Sayid Javid, has decided to revoke the citizenship of Shamima Begum, who notoriously travelled to Syria at the age of fifteen with two companions and married an ISIS fighter. She is now in a Syrian refugee camp, has now given birth to a child and was reportedly keen on returning to the UK. Begum has given interviews saying that she regrets nothing and that she wasn’t “fazed” by seen the severed heads of those murdered by Daesh. Not an appealing character, but, given that she was groomed as a child by a criminal gang, one who might have been seen as a victim in other circumstances.

The UK government has given itself the power to deprive people of citizenship where this is “conducive to the public good” but the law up to now had been that they had to be satisfied that the person would not be rendered stateless. After all, as we know, if citizenship is the right to have right, statelessness is a condition of near rightlessness. In the present case, they seem to be claiming that a person born in the UK who acquired British nationality at birth can be deprived of citizenship because she is entitled to Bangladeshi nationality through her mother. Shamima Begum has never been to Bangladesh and has no connection to the country. Though her case involves terrorism the UK has also begun to use citizenship deprivation in cases involving “serious criminality”, a vague category that is capable of being defined downwards (as it was when Javid spoke about a group of people recently deported to Jamaica).

Millions of people born in the UK and holding British nationality currently have “access to” another citizenship. It may be Irish citizenship (the entire nationalist population of Northern Ireland!). It may be Israeli citizenship through the law of return. It may be the citizenship of some country in Britain’s former empire, such as Bangladesh. The new expansions of citizenship deprivation theoretically expose all of them to the possibility of exile and banishment to another country should they be convicted of serious crime. The immigration regime has long been one where the rule of law is muted, where due process is little more than what the government says it is, and where means of appeal and assertion of rights are limited. By bringing millions of people into the ambit of such a regime, you render them exposed to a system of arbitrary punishment decided upon by a minister. There are two ways to look at this: either millions of ordinary people are subject to tyranny, or they would never do that to ordinary white people, only to those with a “funny tinge”. Either way lies an appalling vista.

Update: I’ve written [a longer blog](https://www.lrb.co.uk/blog/2019/february/who-s-next) (and with improved legal information) at the London Review of Books blog.

One charge that conservatives often level at professors in universities is that we are biased and that in the humanities and social sciences, our teaching amounts to left/liberal propaganda. Much of this is silly and some of it is self-fulfilling: vilify a group of people long enough, attack their funding and, hey presto!, they end up favouring your political opponents. But I take seriously the pedagogical need to put arguments on both sides in political philosophy. And actually, for some issues in political philosophy it isn’t too hard because there are pro-capitalist libertarians out there who aren’t shy about articulating their reasons. Some of them are even very gifted at crafting teaching-discussion friendly cases and examples: Robert Nozick, for instance or Mike Huemer.

But there’s an issue where I’m struggling to find a text that articulates the conservative case well, and that’s the issue of access to national citizenship, an issue where the libertarians and the liberal left are broadly in agreement. The case isn’t entirely hopeless: I can find plenty of people willing to argue that adult immigrants who chose to immigrate, particularly those who don’t share the culture or values of the receiving state, should face obstacles to naturalization, or even should be barred from it altogether. The trouble is that none of those arguments really works to justify similar barriers to membership for children.
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If Brexit goes ahead, say goodbye to radical redistribution

by Chris Bertram on December 29, 2018

Here were are, at the edge of the Brexit precipice, and I find myself disagreeing with friends about Jeremy Corbyn and his attitude towards it. It is surprising that, with three months to go, we don’t actually know what that attitude is. Some people think he’s playing a long game, or a super-clever n-dimensional chess match aimed at keeping Labour voters in the north of England who backed Leave on-side. Some think he’s just reiterating Labour Party policy (to push for a general election, but keep a second vote on the table as a possibility). Others think he was a closet Brexiter all along. My own view is that we have less than 100 days to stop this thing, that the time for keeping your powder dry until you see the whites of their eyes etc has passed, and that passionate Remainers need some signal, at a minimum, to keep them voting Labour and that if they don’t get it, then Corbyn’s prospects of leading a radical Labour government are gone: they will defect to Lib Dems, Greens, Nats or (a few) even to the Tories if Labour doesn’t reposition on Brexit.

In fact, I think the Tories (or maybe right-wing anti-redistributionist politics more generally) will do rather well out of Brexit – if it goes ahead – and it will be the end of Labour. The reason why exposes a contradiction in the position of those on “the left” who have positioned themselves as pro-Brexit, or not-really-arsed-about-Brexit, together with the people who sometimes refer to themselves as “left” but clearly aren’t (Goodhart et al). I’m thinking of all those who make a big deal about “left-behinds”, “somewheres v anywheres” and “(white) working-class community”. For these people, the vote to Brexit was a spasm of pain from those who had been too-long been ignored by the “liberal elite”. To be sure (at least now) Brexit might come with an economic hit, perhaps of 4 per cent of GDP, but the redistributionist capacities of the state are still intact and we can do something about Britain’s very real social problems (170,000 homeless households) and make the UK a more inclusive and equal society, even by the economic envelope Brexit leaves us with. Besides, a second referendum, needed to give remaining in the EU any democratic legitimacy, would be a nasty and xenophobic affair, sure to sow division and hatred.

Here’s where that goes badly wrong. A redistributionist politics needs the support of millions of middle-class “liberal” Remain voters to succeed. What those who say we’ll-take-the-hit-and-redistribute are asking us to imagine is that those people will, *in sufficient numbers*, support redistribution to those whom they identify as having, by voting for Brexit, just made them and their families worse off. Not going to happen. A staple of Blue Labour/Goodhartian thought is that immigration and increasing ethnic diversity has made it hard to sustain social trust and that this risks undermining support for welfare-state institutions. The thought is that people need to be committed to the idea of an inclusive national community if they are going to be motivated to make sacrifices on behalf of others in the form of economic transfers: they won’t stump up for people who are too unlike themselves. But by fighting a culture-war against immigration and the “liberal elite” in order to secure Brexit, those Blue Labour types have succeeded in destroying the illusion of an inclusive national community. They have produced two hostile camps, ranged against one another, who will be unwilling to make the payments those very leftists think are necessary.

I confess that I myself have had some ugly thoughts as a result of the Brexit experience: why should I pay taxes to bail out a bunch of racist idiots in Sunderland or Stoke? What do I care if some elderly xenophobe can’t find a nurse or a doctor because too few EU nationals have stayed to look after the people who voted to take their rights away? Usually, I put away such thoughts: the homeless in the doorways of our major cities provide urgent enough reason for a redistributive and reconstructive politics. But enough people will stick with their anger and resentment against Brexit for disaffected Remainers to be electorally significant. There will be no healing of the division, no national coming-together. Corbynite tweeters will rail against the selfishness of middle-class people who won’t vote Labour any more. Maybe they’ll have a point. But the fact is they need the targets of their anger to vote with them rather than for an individualistic set of policies that abandon the worst off. The future looks surprisingly bright for people like George Osborne and the Orange Book Liberals, and the left has stuffed itself, again.