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Immigrant Rights Not Open-Borders

Human Rights
Migration
Immigration
José Mendoza
University of Massachusetts Lowell
José Mendoza
University of Massachusetts Lowell

Abstract

Proponents of open-borders, such as Chandran Kukathas, have advocated against immigration restrictions by appealing to something like a right to freedom of movement. These proponents are absolutely correct in suggesting that most immigration restrictions are, at least today, unjust. The problem with their approach, however, is that it tends to treat all persons (regardless of whether it's a multinational corporation or a poor migrant worker) and all communities (regardless of whether it's a large multi-cultural liberal state or a small embattled indigenous community) as essentially the same. In this paper, I will argue that in a world like ours--one that is shaped by unjust power relationships--a more fruitful approach to immigration justice is one that takes immigrant rights, as opposed to open-borders, as its primary guiding principle.