Does Deportation Infringe Rights?

Kaila Draper
2021 Journal of Ethics and Social Philosophy  
Many of those who argue that a state has the right to control its borders claim that, barring exceptional circumstances, the migrant who illegally enters a foreign state thereby infringes the state's right to decide whom to admit to its territory. If they are correct, then the state enforces rights that the migrant infringes when it deports the migrant who has illegally crossed an international border. By contrast, proponents of "open borders" typically deny that a state has the right to
more » ... the right to exclude noncitizens from its territory. Many of them argue that, barring exceptional circumstances, the process of deportation is an infringement of the migrant's right to freedom of movement. On this view, deportation infringes rather than enforces rights. The aim of this paper is not to determine which side in this debate has the correct answer to the question of whether deportation enforces rights or infringes them. Rather its more modest aim is to point the discussion of this question in the right direction, partly by arguing that certain prominent approaches to finding an answer cannot succeed, and partly by identifying some of the theoretical issues that cannot be avoided if a defensible answer is to be found.
doi:10.26556/jesp.v19i3.972 fatcat:ass6543owvetvbeqsdppp4wac4