Immigration and Freedom of Association

Abstract

In this article I appeal to freedom of association to defend a state’s right to control immigration over its territorial borders. Without denying that those of us in wealthy societies may have extremely demanding duties of global distributive justice, I ultimately reach the stark conclusion that every legitimate state has the right to close its doors to all potential immigrants, even refugees desperately seeking asylum from incompetent or corrupt political regimes that are either unable or unwilling to protect their citizens’ basic moral rights. This article is divided into four sections. First, I argue for a presumptive case in favor of a state’s right to limit immigration as an instance of its more general right to freedom of association. In the second and third sections, I respond to egalitarian and libertarian cases for open borders. Finally, in the fourth section, I consider the permissibility of screening immigrants based upon their race, ethnicity or religion.