Book contents
- Justice for People on the Move
- Justice for People on the Move
- Copyright page
- Contents
- Preface
- Chapter 1 New Migration Justice Challenges and How to Solve Them
- Chapter 2 Migration, Justice, and Territory
- Chapter 3 Self-Determination, Legitimacy, and the State System
- Chapter 4 Muslim Bans
- Chapter 5 Irregular Migration
- Chapter 6 Refugees
- Chapter 7 Temporary Labor Migration
- Chapter 8 Terrorism and Migration
- Chapter 9 Migration in a Legitimate State System
- Bibliography
- Index
Chapter 5 - Irregular Migration
Published online by Cambridge University Press: 30 January 2020
- Justice for People on the Move
- Justice for People on the Move
- Copyright page
- Contents
- Preface
- Chapter 1 New Migration Justice Challenges and How to Solve Them
- Chapter 2 Migration, Justice, and Territory
- Chapter 3 Self-Determination, Legitimacy, and the State System
- Chapter 4 Muslim Bans
- Chapter 5 Irregular Migration
- Chapter 6 Refugees
- Chapter 7 Temporary Labor Migration
- Chapter 8 Terrorism and Migration
- Chapter 9 Migration in a Legitimate State System
- Bibliography
- Index
Summary
Chapter 5 considers the challenge presented by new threats to deport long-settled members of communities who do not formally enjoy the legal status of citizen, but rather are classed as “undocumented” or “illegal” migrants. These include the Dreamers, the Windrush generation, and those with Temporary Protected Status who have had that status revoked under the Trump presidency. I differentiate between five kinds of cases that raise some slightly different issues. I show why deportation for the long-settled involves grave injustices on a par with violating some of our most basic human rights. Evicting long-settled members would undermine legitimacy in several ways. Such actions threaten state’s rights to exercise power legitimately by undermining core internal, system, and contribution requirements. And I show why the arguments used in defense of community members’ alleged rights to continued occupation would be undermined by such evictions. In such cases, states may not claim a justifiable right to continued occupation nor can they claim that such a right entitles them to evict long-settled members of the community residing on that territory.
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- Justice for People on the MoveMigration in Challenging Times, pp. 88 - 110Publisher: Cambridge University PressPrint publication year: 2020