Jump to ContentJump to Main Navigation
Immigration, Emigration, and MigrationNOMOS LVII$
Users without a subscription are not able to see the full content.

Jack Knight

Print publication date: 2017

Print ISBN-13: 9781479860951

Published to NYU Press Scholarship Online: September 2017

DOI: 10.18574/nyu/9781479860951.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 03 August 2021

Why Does the State Have the Right to Control Immigration?

Why Does the State Have the Right to Control Immigration?

(p.3) 1 Why Does the State Have the Right to Control Immigration?
Immigration, Emigration, and Migration

Sarah Song

NYU Press

Public debate about immigration proceeds on the assumption that each country has the right to control its own borders. But what, if anything, justifies the modern state’s power over borders? This chapter provides an answer in three parts. First, it examines the earliest immigration law cases in U.S. history and finds that the leading theorist they rely upon falls short of providing adequate normative justification of the state’s right to control immigration. In the second part, it turns to contemporary political theory and philosophy, critically assessing three leading arguments for the state’s right to control immigration: (1) national identity, (2) freedom of association, and (3) ownership/property. The third and final section offers an alternative argument based on the requirements of democracy.

Keywords:   immigration, borders, U.S. legal history, national identity, freedom of association, property, democracy

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.