immigration

There is disturbing news via Statewatch that the [EU is drawing up plans to criminalize](http://www.statewatch.org/news/2016/jan/eu-med-crisis-criminalising-civil-society.htm) the many independent volunteers who have been working in Greece to assist refugees making their way from Turkish to Greek territory. The plans involve a deliberate conflation of “people smuggling” and “trafficking” and a requirement that all volunteers be registered and placed under the control and direction of state organizations at designated hotspots. Those who stay outside of these structures and go to the beaches where people are actually arriving and assist them by, for example, towing their boats, will be prosecuted. In fact, this is already happening [in the case of some Spanish lifeguards on the Greek island of Lesvos](https://libcom.org/forums/news/lesvos-chios-volunteers-helping-refugees-arrested-police-frontex-involvement-interna). There is [a petition](https://www.change.org/p/council-of-the-european-union-scrap-plans-to-criminalise-refugee-rescue-operations?recruiter=28957283&utm_source=share_petition&utm_medium=facebook&utm_campaign=autopublish&utm_term=des-lg-share_petition-no_msg&fb_ref=Default), which I’ve signed, though internet petitions are not a particularly effective means of resistance.

I’ve been looking again at a [two-year-old discussion on immigration policy between Jonathan Portes and Martin Wolf](http://www.niesr.ac.uk/blog/economic-objectives-immigration-policy-dialogue-martin-wolf#.VSeNLhcu2Lt), and particularly on Wolf’s take on the reasons that ought to inform policy. As far as I can tell, Wolf’s position is a kind of national-weighted consequentialism. Immigration policy is to be viewed as an aspect of economic policy, and the relevant considerations are simply whether a policy is beneficial to existing members of society, with no weight to be given to the interests of immigrants. Portes raises the interesting objection that, once we factor time into our national felicific calculus, then the well-being of future members who have yet to be naturalized ought to count, but this is a mere wrinkle in the argument. Wolf’s view is that

> countries are like clubs. They can decide who members are. Once you are a member, you matter to the club. If you are not a member, you don’t.

I hope that Wolf doesn’t mean what he says. The disanology between clubs and countries is pretty stark, since countries are compulsory associations which most people don’t have a choice about, whereas clubs are not. Moreover, most people think that countries do not have an unlimited discretion to decide on who their members are, that Nazi laws to remove citizenship from Jews were unjust, that policies that are blatantly discriminatory on racial or gender lines have no moral standing, whatever the insider electors think. We also, I hope, think that laws that condemn generations of minority permanent residents to non-membership — until recently a feature of German citizenship law — are unjust. So at best Wolf must mean that countries have a discretion to admit as members outsiders with no other moral claim to admission or membership.

The interesting question, then, when we have got the discretionary membership issue out of the way is what could justify national-weighted consequentialism? Whilst there might be all kinds of deontological reasons for states to favour insiders over outsiders (the global justice literature is about little else), in my experience, economists don’t think in those terms. Rather, they think of themselves as being consequentialists all the way down, and of rights, powers, permissions etc as being ultimately justified by outcomes. If I’m right that this is the picture, then the claim would have to be that a global system of nationally-weighted consequentialisms, perhaps by assigning the promotion of individual interests to particular states, gives rise to the best consequences overall. That’s an empirical claim, but one that is very very unlikely to be true since it locks so many people away from opportunities they would otherwise have to be productive and makes the world a poorer place as a result. So I’m still puzzled. What do *economists* think justifies national-weighted consequentialism?

Two stories are very prominent in the UK media at the moment. The Yazidis and Christians fleeing from the “Islamic State” group in Iraq, and the death of a man in a container on Tilbury docks. One story is presented as human tragedy, the lives of ordinary human beings destroyed by sectarian bigotry; the other has been spun as a tale about criminality, illegality and “human trafficking”.

This morning, the details of the Tilbury case were not entirely clear. The 35 people in the container there were reported to have come from “the Indian sub-continent”. They might have been economic migrants or they might have been Tamils fleeing from persecution in Sri Lanka, or Shia or Christians fleeing persecution from Sunni fanatics in Pakistan. As it turns out [they seem to be Sikhs from Afghanistan](http://www.theguardian.com/uk-news/2014/aug/17/tilbury-container-sikhs-afghanistan-essex-police?CMP=twt_fd), that is, a persecuted religious and ethnic minority. This didn’t stop the UK’s immigration minister, James Brokenshire from opining that this is [“a reminder of the often devastating human consequences of illegal migration”](http://www.bbc.co.uk/news/uk-england-28817688). His Labour shadow, David Hanson was also clear that this was [“a stark reminder of ‎the human consequences of the trafficking trade”](http://press.labour.org.uk/post/94924014254/tragic-death-at-tilbury-a-stark-reminder-of-human). And the “human trafficking” charities and campaign groups such as Unseen have been calling for increased vigilance. It seems they all already knew what was going on, even in advance of an investigation and independently of whether the people in the container sought asylum and asked for refugee status (which they may or may not do [UPDATE: in fact they have all now claimed asylum).
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It is the end of Refugee Week, a week of campaigning for and celebrating the rights of refugees and asylum seekers. In Bristol there’s an event in Queen Square every year, with music, food, stalls for the campaigning groups and so on. These are the Tan Teddy Singers, a Jamaican women’s singing group. Very fine they were too.

My apologies for the delay in posting the second half of my reply to the symposium. I was traveling. Let me repeat at the outset my deep appreciation for the insightful comments provided by the contributors to this symposium. This is the sort of exchange that makes intellectual life rewarding. Given the delay since the original postings, I did not want to assume that readers of this post would remember what was said in the earlier ones, and I’ve tried to write this in a way that will be intelligible on its own. I take up here the six contributions that I did not discuss in the previous post. I’ll begin with David Owen, Michael Blake, Kieran Oberman and Ryan Pevnick, all of whom have related concerns. At the end, I’ll discuss the posts by Brian Weatherson and Patti Lenard.

In various, sometimes overlapping ways, David, Michael, Kieran and Ryan have raised questions about my theory of social membership. To recall (or, for those who have not read the book, to summarize), the central claim of that theory is that immigrants become members of society over time and their social membership gives them a moral claim to most of the legal rights that citizens enjoy and eventually to citizenship itself. It is important to note, however, that I do not start with a general theory of social membership that I try to justify on the basis of abstract principles and then apply to particular issues. Rather I start with the actual practices of democratic states and ask whether these practices seem to make moral sense. It is only after I have explored arguments about particular practices that I try to show that the idea of social membership is a common thread in many of these arguments. Moreover, my theory of social membership is not presented as a full account of why immigrants are morally entitled to legal rights. I contend that immigrants also have claims to legal rights based on the duty of every state to protect the human rights of anyone within the state’s jurisdiction and based on other considerations like reciprocity and proportionality as well. I think that this way of doing political theory “from the ground up” differs from the approach of some of my interlocutors, especially Kieran and Ryan. My approach is likely to be less systematic and involve more balancing of competing considerations, but I think that it is more closely connected to ordinary moral views, even when, as in the open borders chapters, it leads to radical conclusions.
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It is an author’s dream for his or her work to receive the sort of wide-ranging, substantive, thoughtful and generous reactions that this symposium on my book has elicited. So, I want to begin by expressing my deep appreciation to Chris Bertram for organizing the symposium and to all of the contributors, including Chris, for their comments. Among other things, I felt that all of the contributors understood my project and discussed it in a fairminded way, whether they agreed with me or not. That is not always the case in these sorts of exchanges, and I feel fortunate to have had this set of interlocutors.

I am dividing my response into two posts. In this first post I will respond to Chris Bertram, Jo Shaw, Kenan Malik, Sarah Fine, Phil Cole and Speranta Dumitru. I choose these six because all of them are concerned in one way or another with the approach that I use in my book and several of them are concerned with the open borders issue. The next post will be concerned with the moral significance of social membership (David Owen, Michael Blake, Ryan Pevnick and Kieran Oberman) and with the reasons why free movement within a state should be seen as a human right (Patti Lenard and Brian Weatherson). Although I agreed with much of what the different contributors said (especially the nice things they said about my book, of course), I’ll devote most of my time to their challenges and disagreements.
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The first part of our symposium on Joseph Carens’s The Ethics of Immigration is now concluded. While we wait for Joe to compose his reply, here’s an index of the contributions:

• Chris Bertram Some worries about Carens’s democratic consensus
• Ryan Pevnick The theory of social membership
• Brian Weatherson Movement within and between states
• Kenan Malik Communities, social anxiety and open borders
• Kieran Oberman Right arguments, wrong order
• Michael Blake Social membership and territorial rights
• Patti Lenard Democratic equality and internal movement
• David Owen On social membership
• Speranta Dumitru Is Carens still advocating open borders
• Sarah Fine The argument from democratic principles
• Phillip Cole On method
• Jo Shaw So what does The Ethics of Immigration tell us about the European Union?

Update: Joe Carens’s replies in two parts: Part One and Part Two.

So why did the organisers of this symposium also offer the opportunity to a European Union lawyer – not a theorist mind, but a vanilla lawyer – to make a comment on Joseph Carens’ magisterial book on The Ethics of Immigration? It should have been obvious that I could add nothing to the excellent contributions by other normative theorists who are commenting directly on these aspects of Carens’ work. So it must have been for some other reason.

It was presumably in order to provoke a reflection upon the peculiarities of the EU’s own combined system of internal soft borders (‘free movement’) and external hard borders (‘Fortress Europe’, some might say) in the light of Carens’ arguments about the ethical demands of states in relation to borders and migrants. To that extent, my reflections are less about the book than about the issues which the book is helping me to think through – and for that I am very grateful to Joseph Carens for his wonderful text and also to the organisers for indulging my preferences.
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The appearance of Joseph Caren’s book, The Ethics of Immigration, has been a long-awaited event and it does not disappoint. The breadth and depth of its vision is extraordinary and it will shape the debate for many years to come as an indispensable text. It also gives those of us who teach the ethics of migration on our courses the chance to introduce our students to that vision in its entirety, instead of guiding them to glimpses of it in journal articles and book chapters.

However, my task here is not to praise Joseph and his book, but to raise challenges to which he can respond so that we can continue the dialogue he began in the 1980s. Therefore I have to do something that is very difficult and strange to me, and to write contra JosephCarens.
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This is a fantastic symposium inspired by a fantastic book, and it is clear that all the contributors agree on at least one key point: Joseph Carens’s majestic The Ethics of Immigration is an intensely important text and all of us are deeply in debt to Carens’s work on this crucial subject. There is no doubt that over the years Carens has done more than anyone else to bring the ethics of immigration to the attention of mainstream Anglo-American political philosophy, and he has set the agenda for the discussion for many years to come.

From that shared starting point, the commentators then fall into two groups. There are those who are in broad agreement with most of Carens’s conclusions and are generally sympathetic to his overall agenda (but may disagree with parts of his approach, and even may wish to push his open borders arguments further). And there are those who disagree with a number of Carens’s conclusions and are less sympathetic to his overall agenda. I fall in with the first group; my comment is intended as a friendly intervention, which also takes seriously some of the concerns of the second group (concerns not necessarily expressed directly in the symposium pieces, but which appear in writings elsewhere). And rather than go over terrain that has already been covered in the symposium, I want to concentrate on one particular point regarding Carens’s argument from democratic principles.
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Political theorists are much indebted to Joseph Carens for his 1987 article “Aliens and Citizens: the Case for Open Borders”. Written in a period of increased restrictions on migration, Carens’s article was pioneering in two ways: it introduced the migration question to political theory’s agenda and set the terms of the debate from the free movement side. Carens’s recent book, The Ethics of Immigration, is less pioneering. It explicitly aims to engage with the “conventional view of immigration” and to show that it can accommodate some measures which improve citizenship and admission policies. The open borders argument is not abandoned but is left to only one of the twelve chapters. Carens’s main concern, however, is to show that the open borders argument does not conflict with the measures he proposes.

It is possible to have the opposite concern: are the proposed measures a way to advance towards a  world of open borders? In other words, is Carens still advocating open borders? My analysis here will be limited to the first measure he proposes in the book, this is that “justice requires that democratic states grant citizenship at birth to the descendants of settled immigrants” (p. 20). Whether justice requires this or not, many “democratic states” already conform to this principle and my argument is not that they should stop. Rather, my worry is that such an argument is not a way to advance towards an open borders world.
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Joseph Carens has written a brilliant and stimulating book. I can’t remember the last time I filled a book with so many marginal jottings, either because he had made a striking point that I wanted a reminder of, or because what he said was so thought-provoking, or, often, both.

I agree with the vast majority of Professor Carens’s conclusions. It would make a boring symposium contribution to just list points of agreement, so I’m going to spend a bit of time here on a few points where I don’t agree. Now I’m sure you’ve heard a philosopher give an introduction like that once or twice before, and it can sound rather trite. So I want to start with a couple more positive things.

The fact that the book is so rich, that there are things worth talking about on basically every page, means that it would be a joy to teach. I don’t think there are many philosophy departments around that currently have on the curriculum a course on the ethics of immigration. Here’s some free advice to my fellow philosophers: Add such a course, and have Professor Carens’s book be a central text in it. You’ll get a topic, and a text, that are interesting to people who normally wouldn’t take philosophy classes. You’ll get more topics for fruitful discussion than you can easily handle. And, especially in a university with any kind of diversity, you’ll get the chance for you, and the students, to learn from how the lived experiences of the different members of the class interact with the theoretical issues at hand. I know many universities have been adding, with great success, courses on the ethics of food. A course on the ethics of immigration could have a similar kind of success.

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Congratulations to Harry on his new US citizenship! Perhaps English people rock the whole YOLO thing a little more like this:

I became a US citizen earlier today.

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