Immigration Justice: Beyond Liberal Egalitarian and Communitarian Perspectives

Abstract

Immigration law resides within a complex web of interconnected political, cultural, and economic realities. Politically the world is organized around nation states, which exercise the legal authority to control their borders. Multiple factors push people into emigrating from their country of origin or pull people toward immigrating to particular countries. Given historic migration patterns and the fluidity of national borders, cultures transcend these boundaries, creating demand for transnational mobility. The global economy coupled with disparate economic opportunities between nations spurs immigration. War, civil unrest, and natural disasters also contribute to the international movement of peoples. In this article, I explore the foundations of a socially just immigration regime. Part one provides an overview of the push–pull factors influencing the decision of individuals and families to migrate. Part two places these decisions within the context of United States immigration law, exploring both the statutory and con-stitutional restrictions on entry into the United States. Part three examines the difficulties inherent in attempts to develop a coherent and just immigration policy out of liberal political theory or the communitarian response. In Part four, I place the immigration justice issue within the framework of Roman Catholic social teaching, concluding that such a framework provides a secure basis for constructing a just immigration jurisprudence. Finally, Part five briefly reflects on the justness of current United States immigration law in light of the theory developed in Part four.