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The Rights of Irregular Migrants (Peer-reviewed) [Abstract]

Ethics & International Affairs, Volume 22.2 (Summer 2008)

Joseph H. Carens

July 7, 2008

This article considers the question of what legal rights should be possessed by those who reside and work in a democratic state without the legal authorization of the state, given the background assumption that the state is morally entitled to exclude such migrants. I argue that irregular migrants are morally entitled to a wide range of legal rights, including basic human and civil rights, but also rights to wages, workplace protections, and even rights to public education for their children. In order for these rights to be realized in practice, I argue, states ought to create a firewall between those charged with protecting and enforcing these rights and those charged with enforcing immigration laws.

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Related Resources:

Immigration Policy and "Immanent Critique" [Excerpt] (Symposium)
Migrants and Work-related Rights [Excerpt] (Symposium)
Irregular Migrants: An Alternative Perspective [Excerpt] (Symposium)
The Elusive Rights of an Invisible Population [Excerpt] (Symposium)
On the Morality of Immigration [Full Text] (Essays)
Immigrants: Your Country Needs Them (Transcript)
Who Should Get in? The Ethics of Immigration Admissions [Abstract] (Articles)

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The Carnegie Council's flagship publication, Ethics & International Affairs is an interdisciplinary resource for scholars, students, and policy analysts concerned with the moral dimensions of global issues. The journal covers global justice, civil society, democratization, international law, intervention, sanctions, and related topics.

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