Historical Injustice in Immigration Policy

Abstract

The history of immigration policy is marked by the wrongful and discriminatory exclusion of certain groups of people. In this article, I argue that descendants of those who were wrongfully excluded have a pro tanto right to immigrate to the state in question as reparation. I begin by identifying the two main approaches theorists generally take to establish a claim for reparation: the inheritance approach and the counterfactual approach. In the first section, I argue that the inheritance approach does not offer a promising argument for reparations for descendants of those who were wrongfully excluded. In the second section, I argue that the counterfactual approach, by contrast, does. In the third section, I respond to the objection that this prima facie claim for reparation can be undermined by current circumstances. In the fourth section, I show why this reparation should be offered in the form of immigration rights.